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### Viewing cable 10BERLIN180, CHANCELLOR MERKEL ANGERED BY LACK OF GERMAN MEP

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Reference ID | Date | Classification | Origin
--- | --- | --- | ---
10BERLIN180 | 2010-02-12 17:05 | CONFIDENTIAL | Embassy Berlin

`

    VZCZCXRO2876
    PP RUEHAG RUEHROV RUEHSL RUEHSR
    DE RUEHRL #0180/01 0431709
    ZNY CCCCC ZZH
    P 121709Z FEB 10
    FM AMEMBASSY BERLIN
    TO RUEHC/SECSTATE WASHDC PRIORITY 6546
    INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
    RHEHNSC/NSC WASHINGTON DC PRIORITY
    RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
    RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
    RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
    RHMCSUU/FBI WASHINGTON DC PRIORITY
    RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY

` `

    C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 000180

    SENSITIVE
    SIPDIS

    DEPT FOR EUR, L, S/CT, EEB, INL
    TREASURY FOR TFI

    E.O. 12958: DECL: 02/11/2020
    TAGS: PTER KTFN PGOV PREL PINR ETTC EAIR EFIN KCRM
    KJUS, KHLS, GM
    SUBJECT: CHANCELLOR MERKEL ANGERED BY LACK OF GERMAN MEP
    SUPPORT FOR TFTP

    REF: A. BERLIN 176
         ¶B. BERLIN 128

    Classified By: ROBERT A. POLLARD, Minister-Counselor for Economics Affa
    irs, for Reasons 1.4 (b and d).

    ¶1. (C) SUMMARY: Chancellor Merkel is privately angry over the
    lack of support German members of the European Parliament
    gave the Terrorist Finance Tracking Program (TFTP) interim
    agreement and is worried that Washington will view the EP's
    veto as a sign that Europe does not take the terrorist threat
    seriously.  Merkel is particularly irritated with German MEPs
    from her Christian Democratic Union (CDU) and sister
    Christian Social Union (CSU) parties, most of whom reportedly
    voted against the agreement despite previously indicating
    they would support it.  Public German reactions to the EP
    vote have come exclusively from TFTP detractors who portrayed
    the veto as a sign that the European Parliament has won a
    victory over an arrogant Commission/Council, as well as
    delivering a rebuke to U.S. counterterrorism policies that
    undervalue data privacy.  These events suggest the need to
    intensify our engagement with German government
    interlocutors, Bundestag and European parliamentarians, and
    opinion makers to demonstrate that the U.S. has strong data
    privacy measures in place.  END SUMMARY

    ¶2. (C) Hamburg Mayor Ole von Beust (CDU) told Ambassador
    today (2/12) that he had met with Chancellor Merkel last
    night and she was "very, very angry - angrier than he had
    ever seen her" with the outcome of the vote.  Beust said that
    the Chancellor had personally lobbied German MEPs from the
    CDU/CSU parties to support the agreement, but that most of
    these MEPs ended up voting against the agreement anyway.
    Merkel expressed concerns to Beust that Washington will view
    the EP veto as a sign that Europe does not take the terrorist
    threat seriously.  Merkel also worried about the
    ramifications (presumably within Europe and for transatlantic
    relations) that might follow were a terrorist attack to occur
    that could have been prevented had SWIFT data been exchanged.

    ¶3. (C) Federal Justice Minister Leutheusser-Schnarrenberger,
    a strong proponent of data privacy rights from the Free
    Democratic Party (FDP; see reftels), quickly welcomed the
    TFTP veto.  She said "the citizens of Europe have won a
    victory today that strengthened not just data protection, but
    democracy in all of Europe."  The Minister has been a vocal
    critic of the TFTP and in interviews today stressed that the
    EP veto will lead to a change of European policy in which
    "data protection is no longer just an appendix of security
    policy."  She also restated her understanding that German
    investigators believe TFTP data has not/not contributed
    meaningfully to terrorism investigations.  She said the EP
    decision paves the way for new negotiations that take into
    account European notions of data protection.

    ¶4. (C) Some German members of the European Parliament
    likewise applauded the TFTP veto.  Green Party MEP Jan
    Philipp Albrecht stated that the vote would not cause a
    "transatlantic ice-age" because President Obama has more
    important concerns and would not "emphasize this defeat too
    much at home."  Werner Langen, head of the EP CDU/CSU group,
    said that his group did not vote against the United States,
    but rather against the European Commission and the Council
    who had "negotiated a bad agreement."  Martin Schulz, head of
    the Social Democratic faction, said that the "negotiating
    position of the EU is now better."  FDP MEP Alexander Graf
    Lambsdorff acknowledged that the decision could be a
    temporary irritation in transatlantic relations, but believed
    that this would not last long and the time would soon come to
    "negotiate a reasonable agreement."  Bavarian State Minister
    Mueller told Munich CG that the CSU is interested in moving
    forward with the negotiation of a new agreement that meets US
    and European needs.

    ¶5. (C) COMMENT:  Why did so many German MEPs oppose TFTP?

    BERLIN 00000180  002 OF 002

    First, the debate was not just about TFTP.  Germans across
    the political spectrum adamantly support data protection )
    whether it has to do with Passenger Name Records, Google,s
    supposed &monopoly8 on data searches, or individual credit
    ratings.  Recent scandals in which major firms such as
    Deutsche Telekom and Deutsche Bahn illegally tapped phones or
    files of tens of thousands of employees and customers
    reinforced Germans, concerns about the misuse of data
    technology.  Historical memory also plays a part, as stories
    about how the Stasi abused information to destroy people,s
    lives still regularly circulate in the press.  Paranoia runs
    deep especially about U.S. intelligence agencies.  We were
    astonished to learn how quickly rumors about alleged U.S.
    economic espionage ) at first associated with the new U.S.
    air passenger registration system (ESTA), then with TFTP )
    gained currency among German parliamentarians in the run-up
    to the February 11 vote in Strasbourg.  Moreover, the fact
    that the libertarian Free Democratic Party (FDP) made data
    privacy a central plank of the pact with its coalition
    partners, the CDU/CSU ) and more importantly, captured the
    Justice Ministry ) made it very difficult for TFTP advocates
    like Interior Minister de Maiziere to speak up.  None of this
    may excuse the behavior of certain German MEPs, but it says
    something about the challenge ahead.

    ¶6. (C) COMMENT CONT.: The overwhelming rejection of the
    interim agreement by German MEPs from all political parties
    nonetheless is surprising.  Although we anticipated that the
    FDP and Greens would come out strongly against the interim
    agreement, the broad lack of support it received from the
    CDU/CSU and Social Democrats was unexpected.  We believe a
    number of factors contributed to this including the fact that
    MEPs of all stripes saw this as an early opportunity to exert
    their new post-Lisbon powers and send a message to the
    Commission and Council.  Specific to Germany, the almost
    complete absence of public statements by German leadership in
    support of the agreement resulted in a situation in which
    MEPs received no political coverage supporting a positive
    vote and saw little political cost for a no vote.
    Furthermore, the German public and political class largely
    tends to view terrorism abstractly given that it has been
    decades since any successful terrorist attack has occurred on
    German soil.  This week's TFTP vote demonstrates that we need
    to intensify our engagement with German government
    interlocutors, Bundestag and European parliamentarians and
    opinion makers to get our views across.  We need to also
    demonstrate that the U.S. has strong data privacy measures in
    place so that robust data sharing comes with robust data
    protections.
    Murphy

`