Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-07-05-Speech-3-226"
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"en.20060705.18.3-226"2
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".
Mr President, ladies and gentlemen, this matter is in many of its aspects important, but, regrettably, the Council cannot confirm the information recently put out by the media regarding transfers of data between the SWIFT system and the United States, nor comment on them.
As all of us in this House know, the Council does not have the means to investigate actions which are contrary to applicable law in this case. The national authorities are responsible for this sort of enquiry. If, on the other hand, it concerns actions that go against Community legislation, the responsibility lies with the national authorities and the Commission under the supervision of national and Community courts of justice. The Council assumes that current cooperation between private companies like SWIFT and the US authorities will be in accordance with applicable law and in compliance with fundamental rights.
The Council, like Parliament, is a legislating body and, as such, it would like to draw Parliament’s attention to a proposal for a European Parliament and Council regulation on information on the payer accompanying transfers of funds. This regulation is being discussed by both Parliament and the Council. When this regulation has been passed, it will apply to transfers of funds in any currency sent or received by anyone offering payment services based within the Community. Article 14 of the proposed regulation states that anyone providing payment services must respond immediately and thoroughly to requests made by the authorities responsible for the prevention of money laundering or the financing of terrorism in the Member State in which they are located and which concern data to be disclosed on the payer accompanying transfers of funds and storing this information.
The Council believes that this Community act, in line as it is with fundamental rights, will strengthen the legislative framework needed to prevent flows of dirty money which come about through transfers of funds and which can harm the stability and reputation of the financial sector. At the same time, the regulation will prevent all types of illegal action targeted at the Community financing system. Given how widespread the activity is and the impact it has, the Member States cannot implement the aims of this regulation adequately: it will be effected better at Community level. It is therefore urgent to pass this regulation.
The regulation is to be adopted by means of the codecision procedure. On 6 December 2005 the Council agreed on the general conception of the proposal. In the wake of some unofficial meetings between representatives of Parliament, the Council and the Commission, the Presidency hopes that a compromise solution for the regulation as a whole can be shortly agreed. We will be closely monitoring the legislative work to prevent
illegal and unjustified activity against the financing system.
The Commission is also debating the Commission’s Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters. The Commission put forward the proposal on 4 October 2005. The framework decision aims to ensure that personal data on European citizens has a high level of protection. That requires common regulations, so that we can determine the legality and quality of data being processed by the competent authorities in the Member States. Although the proposal will not apply to the financing system directly, it will provide for the protection of personal data and may also be important for a case that is being dealt with. The proposal is being discussed by the competent bodies within the Council.
Mr President, ladies and gentlemen, I believe that our common will is to protect European citizens not only from terrorism but also all kinds of illegal activity targeted at the European financing system, with reference too to Community measures and legislation."@en1
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