The Liberal and Democrat group in the European Parliament today concluded that the conditions for approving the interim so-called 'Swift' agreement have not been met. The agreement, which entered into force, provisionally, at the beginning of this week, needs the consent of the European Parliament to be formally concluded. With the political groups hardening their opposition this week due to a lack of transparency and clarity from Council and Commission on the content and details of the data transfers to the US, Parliament's consent looks unlikely.

The Civil Liberties Committee of the European Parliament is due to vote this Thursday (4th February) and the full plenary next Tuesday in Strasbourg.

Guy Verhofstadt, ALDE group leader said:

"On the contrary to what President Buzek asked in the name of all groups of the European Parliament, so far the Council has not granted Parliament access to all relevant information and documentation pertaining to the interim agreement, nor does it respond to our requests on the mandate for negotiation of a permanent agreement. In addition, a number of serious legal reservations to the interim agreement, such as the very basic principles of necessity and proportionality are being violated as well as the lack of reciprocity, all of which add up to making it impossible to give our assent."


Jeanine Hennis-Plasschaert (VVD, Netherlands), EP rapporteur on the subject, insisted:

"Parliament has been kept in the dark on this matter for too long now. We should say 'no' to the interim agreement and ask the Council to immediately mandate the Commission to begin negotiations on a long term agreement that is based on a solid legal foundation with all relevant data protection safeguards. At the same time we should start negotiations for a broader transatlantic binding international agreement on data protection in the field of justice and home affairs."

"The targeted exchange and use of specific data for counter terrorism purposes will remain an essential plank in the fight against terrorism but this does not need to involve the endless erosion of civil liberties for whole swathes of innocent civilians."

"At all times it must be clear that by withholding our consent on the interim agreement, the security of European citizens is not being compromised as other legal instruments, such as the Mutual Legal Assistance Treaty, will remain available for trans-Atlantic counter terrorism purposes."