VZCZCXYZ0001
RR RUEHWEB

DE RUEHC #8592 3112250
ZNR UUUUU ZZH
R 062244Z NOV 08
FM SECSTATE WASHDC
TO RUEHFR/AMEMBASSY PARIS 1655
RUEHBS/AMEMBASSY BRUSSELS 2079

UNCLAS STATE 118592 
 
SENSITIVE 
SIPDIS 
BRUSSELS PLEASE PASS TO USEU FOR ACTION 
 
E.O. 12958: N/A 
TAGS: EUN FR PREL PTER
SUBJECT: U.S.-EU DATA PROTECTION PRINCIPLES: DEMARCHE 
REQUEST 
 
¶1.  (U) Summary: Embassy Paris is requested to approach host 
government officials at the appropriate level to seek 
information regarding the upcoming COREPER discussion on 
November 12 of the U.S.-EU High Level Contact Group on data 
protection principles, and more generally of the French EU 
Presidency,s expectations of U.S.-EU cooperation in the area 
of Justice and Home Affairs (JHA).  USEU may consider 
delivering similar points to the French Permanent 
Representation in Brussels, and Commission and Council 
Secretariat counterparts, as appropriate.  End Summary. 
 
¶2.  (SBU) On November 4, USEU representatives met with 
European Commission and French Permanent Representation 
officials in Brussels to review preparations for the upcoming 
U.S.-EU Justice and Home Affairs Ministerial, scheduled on 
December 12 in Washington.  The U.S. was informed that the EU 
intended to raise the status of U.S.-EU discussions on data 
protection principles - the High Level Contact Group (HLCG) - 
during the COREPER meeting on November 12.  Furthermore, the 
Commission intends to place on hold a U.S. cooperation 
agreement with Frontex. 
 
¶3.  (SBU) The U.S. is concerned that, absent a significant 
narrowing of remaining differences on the draft text of the 
data protection principles and draft Ministerial statement 
being discussed in the HLCG, a discussion in COREPER may be 
counterproductive, perhaps even designed to slow down even 
further the negotiations.  This concern is amplified if 
France is not fully behind the U.S. position to issue a 
political statement at the Ministerial that would constitute 
a political framework that demonstrates a common 
understanding of the necessary privacy and data protection 
safeguards associated with law enforcement and public 
security (Third Pillar) data transfers.  The Department 
wishes to understand France,s intentions at next week,s 
COREPER discussion, and what France sees as key deliverables 
for the upcoming Ministerial meeting. 
 
¶4.  (U) Demarche request: Embassy Paris is requested to 
approach appropriate French officials to express our surprise 
and concern about what we fear may be substantial obstacles 
to key JHA deliverables for the U.S.-EU Justice and Home 
Affairs Ministerial on December 12, 2008.  Failure to make 
progress on the issues identified below would result in no 
substantive JHA achievements during the French Presidency. 
USEU may consider delivering similar points to the French 
Permanent Representation in Brussels and to Commission and 
Council Secretariat officials as appropriate.  Responses are 
requested via front channel cable by Monday, November 10. 
Posts may draw upon the following suggested points: 
 
-- Transatlantic cooperation, including on law enforcement 
and counterterrorism matters, remains a top USG priority.  As 
we look to preserve and expand such cooperation, it is 
essential that we bring to a successful close the work of the 
High Level Contact Group to develop a framework of common 
understanding of the necessary privacy and data protection 
safeguards associated with law enforcement and public 
security (Third Pillar) data transfers. 
 
-- We are concerned that EU participants in the HLCG may have 
different expectations and intentions for what can be 
resolved by the December 12 Ministerial.  We therefore ask 
for the French to please explain the objective in seeking 
COREPER guidance on November 12 with regard to the HLCG.  We 
believe this could be premature as EU experts have not yet 
responded to the U.S. revisions to the initial draft text. 
Assuming there may still be some expert-level questions for 
clarification, is it perhaps premature to discuss at COREPER 
level? 
 
-- We are surprised and disturbed to learn that the 
Commission appears to be holding up progress on the 
U.S.-Frontex working arrangement, linking further progress 
here to the HLCG process. 
 
-- Our common goal is a successful JHA Ministerial, but these 
developments have cast in doubt the likelihood of achieving 
two of the most significant deliverables for that event. 
 
¶5.  (U) Department appreciates posts, attention to this 
request.  Please slug responses for EUR/ERA Alessandro Nardi. 
RICE