Joe Costello (Dublin Central, Labour)
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Question 256: To ask the Minister for Foreign Affairs the position in relation to travellers to the USA by air transport arising from the decision of the European Court of Justice to annul the EU-US agreement on the transfer of personal data to the US Bureau of Customs and Border Protection; the implications for Irish citizens travelling to the USA; and if he will make a statement on the matter. [22685/06]

Dermot Ahern (Louth, Fianna Fail)
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Following the terrorist attacks of 11 September 2001 in the United States, the US authorities enacted legislation providing that air carriers operating flights to, from and within United States territory would have to provide them with electronic access to the data contained in their reservation and departure systems. The information is described as "Passenger Name Records (PNR)".

The Agreement between the European Community and the United States on the processing and transfer of passenger name records data by air carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection was signed in Washington DC on 28 May 2004. It entered into effect on the same day. The Agreement was negotiated on behalf of the European Community by the European Commission, with the agreement of the Member States.

The Agreement establishes (i) the number and type of data which can be transferred, (ii) the length of time for which data can be retained, and (iii) the purposes for which data may be used: combating terrorism and international crime. The European Parliament, as is its prerogative, decided to refer this Agreement to the European Court of Justice seeking its annulment. On the basis of an opinion from the Court's Advocate General, the Court of Justice, in a judgment delivered on 30 May 2006, annulled the decision of the Council of Ministers. The Court decided that the legal basis used for the Council Decision approving the conclusion of the Agreement was not appropriate. For the same reason, the Court also annulled the Commission Decision to the effect that the information transferred was adequately protected by the United States.

The Court of Justice also decided that, since the Agreement remains applicable for a period of ninety days from the notification of its termination, for reasons of legal certainty and, in order to protect the persons concerned, it would preserve the effect of the Commission Decision until 30 September 2006. This means that the Agreement remains in effect and fully operational until 30 September 2006. This gives the Commission and the Member States time to find a solution. As a result, the position of travellers from the European Union to the United States remains unchanged for the present.