By Sara Kehaulani Goo
Washington Post Staff Writer
Thursday, April 22, 2004; Page A26

The Department of Homeland Security hit a snag in its effort to get European countries to cooperate with U.S. airport security measures, with the European Parliament voting yesterday to send an agreement brokered by the United States and European Union to court for review.

The agency worked out an agreement last year with the EU to allow U.S. officials to inspect airline passenger records for U.S.-bound flights to screen for wanted criminals and suspected terrorists prior to their arrival. The European Parliament, an elected body of representatives that has lawmaking ability, said the deal violated EU privacy laws and voted 276-260 to ask the European Court of Justice to decide whether the agreement is valid.

The review places international carriers in a bind between the laws on either side of the Atlantic. The United States requires European airlines to provide U.S. Customs and Border Protection officials with passenger records, which typically include names, addresses, credit card numbers and meal preferences. But neither U.S. nor European carriers want to violate European laws in doing so.

"This issue must be resolved so that international airlines are not the punching bag in this conflict of government regulations," said Giovanni Bisignani, director general and chief executive of International Air Transport Association, which represents more than 270 carriers, in a statement. "When governments cooperate on security, the system grows stronger. When they do not, airlines are caught in the middle and it is the system that suffers."

Asa Hutchinson, undersecretary for border and transportation security at the Department of Homeland Security, said he was "somewhat disappointed" by the vote but was not sure whether the court will take up the matter. Hutchinson plans to visit EU officials in Brussels next week, in part to discuss the issue.