Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-03-29-Speech-1-075"
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"en.20040329.7.1-075"2
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"Mr President, I should like to thank Members of Parliament for their various comments.
Lastly – and in general terms – I repeat what I said earlier, that the Commission does not espouse or approve of the US approach, but it shares some of the views about its effectiveness. However, we have to be realistic and we should take the improvements that are now on offer. Thus, it is not that we espouse the American approach, it is just that the Commission is at pains to stress that this is the best possible solution and that no other is on offer.
I will reply briefly to some of the points, starting with the Mr Watson's remarks. He is no longer in the Chamber, but no doubt he will take cognisance of the report of proceedings for this sitting. Mr Watson said that the Article 29 Working Party has rejected the adequacy finding, which the Commission has proposed. That is perfectly true. In reply I would say that the Article 31 Committee has approved the Commission's findings by a qualified majority – in fact, 13 voted in favour and 2 against. The two Member States which voted against were Luxembourg and Italy.
My second remark addresses comments made by Mrs Boogerd-Quaak and Mrs Paciotti on requests for access to own data. The American commitments cover access in what the Commission calls a satisfactory way. We must verify that the commitments are complied with in practice and there are means to monitor this. Furthermore, the joint review and the possibility for European data protection Commissioners to intercede would see to that.
Mrs Paciotti also mentioned international agreement in the longer term. The Commission is seeking a multilateral solution through the ICAO but that, as Mrs Paciotti will agree, will take time.
I return to Mrs Boogerd-Quaak's comment on an international agreement that would legalise the pull system. Mr Pirker also remarked on that. I should like to stress here that the Commission is committed to a switch from pull to push and, although that is principally a matter for airlines, it is preparing actions which will facilitate that switch and make it possible in the coming months. It is necessary to provide a legal basis for pull until the push system is in place. Nonetheless, this provision of the international agreement must not become an excuse for the introduction of push to be delayed.
Mr Cappato said that the Commission should drop its initiative for a European policy on PNR. The fight against terrorism is a global one. The European Union cannot afford not to develop its own policy in that area, which is considered to be an important contribution to the global fight against terrorism and organised crime. Last Thursday the European Council welcomed the Commission's intention to make a proposal by the middle of this year. It called on the Council to act on this before the end of the year. The Commission will, of course, take care that its proposal is fully respectful of civil liberties in general and data privacy rules in particular.
Mr Cappato also criticised the non-application of the law. I take it that remark and criticism are addressed to the data protection authorities in the Member States. As Mr Cappato and other Members will realise, the data-protection directive is 'policed' by Member States and not by the Commission.
Mrs Swiebel referred to Article 300 of the Treaty, concerning the international agreement. The Commission does not see the need to consult the European Court of Justice on the legality of the agreement or the adequacy finding.
Mr Santini and others asked about passengers being informed – or not – about their rights. The obligation to inform passengers rests with the data controller – in this case, initially the airlines, subsequently the United States Government. The US undertakings contain a clear commitment in that regard. The Commission is working with the airlines and the travel industry to ensure that citizens have access to full and accurate information that they should receive at the appropriate time, ideally before they purchase their tickets."@en1
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