Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-07-Speech-4-009"
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"en.20060907.4.4-009"2
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".
Mr President, as you know, the European Court has stated that the Council and the Commission decision on the transfer of PNR data to the United States Bureau of Customs and Border Protection serves the purpose of protection of public security and concerns public activities in the area of criminal law. Therefore, these activities are excluded from the scope of the European Data Protection Directive and Article 95 of the European Treaty, even when the data being processed was originally for the supply of commercial services.
The situation in general concerning legal bases underlines the need for a single system of legal bases for justice, liberty and security issues. This is what I call the ‘Communitarisation’ of the so-called Third Pillar; therefore, I called upon the Council of Ministers for Justice and Home Affairs to ensure a clear legal framework for justice, freedom and security by favouring the use of the so-called
clause, Article 42. I know that the European Parliament shares the Commission’s point of view on this very important matter, which I will raise again during the informal Council in Tampere in a few days’ time.
I believe that this new agreement under negotiation with the United States should have the same content and include the same level of safeguards regarding legal certainty for air carriers, respect for human rights, notably the right to privacy, and the purposes for which the PNR data may be used. In addition, it could integrate the current undertakings, as requested in the draft recommendation attached to the annulled Commission decision, and which the United States currently implements.
As you know, these undertakings provide for rules and procedures, which effectively restrict the use of PNR data by the United States authorities. In order not to endanger public security, all efforts should be made to ensure that this agreement replaces the current one at the time when it expires, by 30 September at the latest. The Commission is doing its utmost to start negotiations with the United States as soon as possible. In accordance with the procedure laid down in Article 24 of the EU Treaty, negotiations are led by the Council Presidency, assisted by the Commission. The negotiations should start tomorrow in Brussels. A draft text has been transmitted to the United States authorities by the Presidency, which, as I said, is leading the negotiations.
I am aware of your request to the Presidency to make the text of the draft agreement available to you. I am personally in favour and I can assure you that for its part the Commission intends to fulfil its obligations under the Framework Agreement between our two institutions and therefore I will keep Parliament informed throughout the negotiations. It is indeed my intention to report to Parliament regularly on this issue and, as you probably know, I shall be participating in a meeting of the LIBE Committee next week, on 12 September.
Finally, I want to recall that, should no new agreement be in place on 1 October, air carriers flying from Europe to the United States risk legal complaints from citizens based on divergent national legislation on the transfer of PNR data to the United States. For that reason, it is extremely important to ensure legal certainty through an agreement concluded at European level as of 1 October, whilst continuing to ensure a high level of security and at the same time privacy protection for our citizens."@en1
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