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Ethnic air passenger checks are off the menu, says Brussels

Brussels is fending off demands from Washington for detailed airline passenger lists amid fears that the data could lead to discriminatory security checks.

With America asking for information on everything down to an individual's choice of in-flight menu, European Union officials are worried that something as simple as not choosing the ham option could contribute to ethnic passenger profiling.

The European Commission has just completed two days of talks with the American authorities over how to implement tough US laws requiring air carriers to hand over data relating to travellers.

With the anti-terror crackdown less than a month away, Brussels transport chiefs are deadlocked in their talks with American negotiators over the scope of the information being sought.

Attacks on Washington and New York prompted strong calls for passenger profiling, but there are fears that air security scares could see some ethnic and religious groups targeted.

And speaking on Wednesday a Commission spokesman revealed that a key sticking point in talks was an EU bid for guarantees that advance data on a passengers dietary requirements would not be given up to US security agencies.

"Possible information they could have is food," he said.

"Europeans pointed out strongly that this was a very sensitive issue and therefore we needed to find the appropriate solution which would enable us to combat terrorism."

Sources say they are concerned that a traveller's stipulation that he did not want to eat ham, for example, could lead to Muslims, or other religious groups, being singled out for intrusive security checks.

"It is clear that this is the kind of point where we still have difficulties because we don't care whether you like ham or not, and we are not sure why it should mean anything," said the commission spokesman.

The EU is "fully behind" US attempts to fight terrorism but has a "rather difficult legal situation that applies to the protection of personal data", he stressed.

"The Americans for their part have given us certain guarantees on the use of personal data that they have access to and an agreement has been reached that the data that maybe received could only apply to transatlantic flights," he said.

"The assurances given by the United States are sufficient on nearly all of the points but we are going to meet with the Americans again before the end of the month, because the system is due to enter into force on March 5."

Non-compliance could see airlines fined up to a $6000 per passenger for failing to disclose details held on computer systems.

Agreement will see a transitional information sharing arrangement in place until European countries can agree changes to EU data protection laws and a voluntary clause may see a deal signed later in February.

"Europe thinks that the question of passengers deciding themselves needs to be taken into account, on a volunteer basis...obviously if passengers refused to go along such a line they would be subject to greater security checks when they arrive in the US, that is an area where there is some flexibility," said the spokesman.

Under section 402 of the Enhanced Border Security and Visa Entry Reform Act of 2002, America is demanding "advanced passenger information on all temporary foreign visitors".

"As part of ongoing efforts to enhance public safety and national security, [America has] announced that it will require all commercial carriers to submit detailed passenger manifests to the agency electronically before an aircraft or vessel arrives in or departs from the United States," the US Immigration and Naturalisation Service has said.

Details include date of birth, national citizenship, sex, passport number, country of residence "and such other information the attorney general, in consultation with the secretary of state and the secretary of treasury, determines as being necessary".

Published: Wed, 19 Feb 2003 01:00:00 GMT+00