Reg article links to Travel Permit Central UKBA : EU confirms e-Borders is legal
which is quite an interesting spin on it but the last sentence in the Reg quote above should explain why they can say this.
18 December 2009
Phil Woolas MP, the Border and Immigration Minister, has refuted suggestions that the e-Borders scheme is not compliant with EU law. Responding to a Home Affairs Select Committee report published today, he said
'e-Borders is fully compliant with EU law and this has been confirmed by the European Commission.