Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-10-24-Speech-2-270"
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"en.20001024.8.2-270"2
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".
The Commission would first and foremost like to highlight the commitment we made to the citizens of Europe to ensure protection of the personal data processed by the institutions of Europe. We are approximately two years behind schedule in relation to the date set in Article 286 of the Treaty establishing the European Communities, hence the urgent need to reach agreement on this matter.
Amendment No 69 is a correction to Amendment No 41, presented by the rapporteur, Mrs Paciotti, in consultation with the Commission and the Council Presidency, with a view to safeguarding the Commission’s right of initiative. The Commission supports this amendment, and I should like to thank Mrs Paciotti for tabling it. The European Data Protection Supervisor will in fact play a leading role in Community institutions’ respecting the provisions protecting citizens’ personal data. It goes without saying, then, that his opinion on the legislative proposals to do with the protection of personal data will be very valuable insofar as it will be a major contribution to the legislative debate between institutions. It goes without saying, moreover, that the Commission, in framing such legislative proposals, must be free to make the appropriate proposal at the time it thinks right.
Amendment No 69 would seem to be acceptable to the Commission inasmuch as the wording does not entail a challenge to its right of initiative. The Commission, therefore, understands this amendment as obliging it to consult the European Data Protection Supervisor after adopting its proposal. The text would be improved if it were amended to make that clear, perhaps this can be done when it is proof-read. In any case, the Commission will make a statement to this effect when the regulation is adopted in the Council.
In order to honour the political agreement made with the Council and the rapporteur to enable the regulation to be adopted at first reading, the Commission rejects all other amendments which were not part of the Paciotti report adopted by the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs, except for Amendment No 69 which is a correction to Amendment No 41.
The Council, with the crucial encouragement of the Presidency, succeeded in overcoming the problems raised by a number of delegations, to ensure that the proposal for a regulation will most probably enjoy the unanimous approval of the Council.
The European Parliament, in turn, demonstrated great determination in order to enable a decision to be made at first reading, and I should like to express my appreciation and my thanks to your rapporteur, Mrs Paciotti, who has spared no effort, with the support of the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs, to ease the path of this agreement. By taking the Council proposal as a starting point and encouraging that a solution acceptable to all three institutions regarding the scope of the regulation be adopted, Mrs Paciotti has to a great extent made the way clear for agreement at first reading.
The Commission has, in turn, also played a part in initiating and mediating between the Council and Parliament. The Commission also decided not to hold up the adoption of an instrument that is significant for the protection of citizens’ personal data. Even though it considers that the outcome is not completely satisfactory as far as it is concerned, the Commission in turn decided to adopt the text produced as a result of the discussions in the Council and Parliament as reflected in the Paciotti report, and will therefore reject any other amendments to its original proposal.
More specifically, the Commission’s position on the amendments contained in the Paciotti report is as follows.
Amendments Nos 1, 2, 4 to 10, 12 to 40, 42 to 54, 57, 58 and 60 to 64 reflect the Council text on the points to which the Commission can give its assent. These amendments are therefore acceptable.
Amendment Nos 55, 56 and 59 differ from the Council text, but they were the result of a political agreement between the rapporteur and the Council Presidency. Since the Commission has decided not to obstruct the adoption of the regulation at first reading on the basis of this compromise text, it will accept these amendments.
Amendments Nos 3 and 11 differ from the Council text, but they were the result of a political agreement between the rapporteur and the Council Presidency. The Commission has decided not to obstruct the adoption of the regulation at first reading on the basis of this compromise text, on condition that a statement be included in the Minutes recording its legal position at such time as the Council approves the regulation. If this statement is made, the Commission will accept the scope of the regulation being limited exclusively to first pillar activities. It will also highlight the need to subject personal data processing under the second and third pillars to clear legal regulations. In the view of the Commission, it will be possible to adopt such regulations on the basis of Article 286. It therefore reserves the right to propose legislative initiatives to this effect. The Commission further reserves the right to subject the processing of personal data carried out under the second and third pillars to the principles contained in the regulation until such time as the regulations applicable to said data processing be implemented.
The Commission considers that the wording of Amendment No 41 is not compatible with its right of initiative, and therefore rejects this amendment."@en1
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