Sunday, 11 July 2004

"Agreement" and "Undertakings" on PNR transfers published by USA and EU

Statewatch notes the publication of the Undertakings on PNR transfers, including as an attechment the list of PNR and API elements to be transferred in the Federal Register (69 FR 41543-41547, 9 July 2004), and the publication of the PNR transfer Agreement (OJ L 235/12, 6 July 2004) in the Official Journal of the European Union .

It’s important to keep in mind, however, that the legality of the Agreement has been chellenged by the European Parliament, which has asked the European Court of Justice to annul it. And while one report said the Undertakings “will come into force on 15 July 2004”, that’s not quite correct: unless and until (a) enacted by Congress, (b) properly promulgated as a regulation, under authority of Congress, by a Federal agency, or (c) ratified by the Senate as a treaty, thay have no force at all, and cannot be invoked as binding in any USA legal or administrative proceeding. The Federal Register notice says they were published “to provide the public with notice of the issuance of this document upon which the EU has based these very important decision.” For all the force that gives them, they might as well have been published as a press release.

(The links above are to the mirrors of the published documents. They are also available directly from the respective government sites, if you search by citation, although its harder to link to those directly.)

Link | Posted by Edward on Sunday, 11 July 2004, 11:58 (11:58 AM)
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