US Doesn’t Stand Chance in ‘Privacy War’ against EU

If it is not the Russians who try to take on member states of the European Union individually, then it is the Americans. For example, granting the right to travel to the United States without a visa. Citizens of an older member state of the Union—Greece—and of 11 of the 12 new member states—Slovenia is the exception—miss that coveted right.

Now it seems that the American government will try to, via the route of bilateral agreements, gain something that it was not able to get through negotiations with the European Union as a bloc: additional information about travelers.

PNR [Passenger Name record]

Just recently, the EU and America, after tough negotiations concluded an agreement—the “PNR”—on providing personal information about travelers who wish to travel from the EU to the U.S. In the process, Americans had to accept a number of limitations and requirements, which are especially associated with the more stringent protection of privacy in the EU.

Many member states, the European Commission and the European Parliament are afraid that America, through bilateral accords with countries that do not yet benefit from visa-free travel to America, will still get all kinds of data that the EU does not want to give to the U.S. Perhaps even access to the heavily protected Schengen information system. That is the extensive personal data collection system that the EU has collectively built up on travelers who wish to visit the EU.

For some time now, the Americans have been speaking directly with a number of EU member states that still have visa requirements. It isn’t strange that these member states have let themselves be seduced, because the EU was in no hurry to represent the interests of its citizens and to put pressure on America to offer visa-free travel to all EU citizens. The countries, including The Netherlands, which have enjoyed such a convenience for years, found this to be OK.

The Czech Republic

That is no longer the case. Two weeks ago, Czech negotiators initialed a “memorandum of understanding” that caused a big shock. So much that on March 5, going around the Council of Ministers, it was hurriedly decided in the meeting of the permanent representatives of the member states to set bounds to such agreements.

This even took place unanimously, thus the Czechs also agreed. The European Commission must negotiate with America in the name of the entire Union, at least in those matters in which the EU is involved—such as visas and migration policy.

In an extensive document the permanent representatives established where the boundaries lie between that which member states can still individually agree to and what not. On March 13, this Thursday, the Justice Commissioner Franco Frattini together with the Slovenian presidency in Brdo will speak with the American secretaries of Homeland Security and Justice about the European counter demands.

Mandate

This Tuesday, the European Commission concluded the (secret) draft negotiations mandate. The Ministers of Justice of the member states must approve this on 17-18 April in Luxemburg. A simple majority is sufficient to approve it.

It is thus out of the question that, for example, the Czechs could still block the deal. An important element in the negotiations is the decision by the Americans to (probably), starting in September of this year, require all travelers to America, whether they have visa or not, to commit themselves–as part of providing a number of statistics—to register electronically beforehand. The European Commission still doesn’t know exactly what the Americans want. Frattini announced earlier that the EU will also require such an electronic registration, among others from travelers from the U.S.

New painful fact: Latvia and Estonia were almost in agreement with the Americans, and they refused–differently from other member states that had been approached by the U.S.—on March 5 to sign a moratorium on accepting additional agreements.

Estonia and Latvia

So now it is possible that, a few days before the meeting in Brdo, suddenly those two countries brandish an initialed agreement with the Americans. The political game is far from over. But Franco exhibits optimism. He believes that it is possible to achieve an approved agreement with America this year.

It is unknown whether Frattini’s American opponents have that much interest in pushing this forward. But the European Commission holds a powerful trump card. Unwelcome agreements between America and member states can certainly be nullified if the Commission requests the European Court of Justice to do so.