Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-04-21-Speech-3-132"
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"en.20100421.6.3-132"2
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"Madam President, in accordance with the Treaty of Lisbon, the Council Presidency submitted to Parliament two agreements on the use of passenger name record data, known as ‘PNR agreements’, one dating from 2007 with the United States and the other from 2008 with Australia. We have asked Parliament to give its approval to both agreements so that they can enter into force permanently, as at the moment, they are being applied merely provisionally.
These, I believe, are three important principles. They are in the motion for a resolution and, in that respect, we agree with the motion.
According to the Treaty of Lisbon, it is for Parliament to decide whether or not to approve these agreements, which determine the conditions under which PNR data on passengers on aircraft flying from the European Union can be shared with third countries.
The Council understands Parliament’s concerns – in line with what we have just been debating – specifically on the collection and sharing of that personal data which has to do with the fact that a person is included on a flight passenger list to fly outside the EU. The Council has therefore asked the Commission to put forward a general guideline document in this respect.
I must say that the motion for a resolution that we have seen appears to be highly appropriate and, moreover, we welcome the constructive attitude not to vote on the agreements for the time being and the fact that the motion for a resolution calls for a suitable mechanism for reviewing the agreements.
In the case of the United States, it is true that there already exists a report reviewing the way the agreement works, and the Council will state its position once the Commission has proposed and submitted its recommendations for a new agreement with the United States. In the case of the agreement with Australia, there has not yet been a review of how well it is working. It will be for the Commission to decide whether it will wait for such a review of the agreement before it sets out a new negotiating mandate.
When the Commission proposes new mandates for negotiations with the United States and Australia, the Council will examine them carefully. In that respect, it will, of course, take account of Parliament’s wishes, as always.
With regard to the Council’s request to the Commission for a broader, more generic regulation on the use of PNR data, we should remember that back in 2007, the Commission proposed a framework decision. During the Swedish Presidency, however, the decision was made not to pursue the debates on that framework decision, since the Swedish Presidency justifiably thought that, as the Treaty of Lisbon was about to enter into force, the topic was going to be a matter for codecision with Parliament and therefore the debate had to involve Parliament.
Consequently, the Presidency cannot, at the moment, adopt a position on the content of a future general scheme for the data of passengers who are on a list to travel outside the European Union until the Commission proposes a directive on the use of such data and there is a debate with this Parliament under the codecision procedure, which is the procedure we have had since the Treaty of Lisbon entered into force on 1 December last year.
In any case, in this respect, our ideas are, to a great extent, in line and in agreement with the criteria and positions that can be deduced from Parliament’s motion for a resolution, which is just a motion for the time being. I would like to highlight three items in it. First, the data may only be used for the purpose for which it was obtained, which is similar to what we said before with regard to the SWIFT agreement; secondly, the collection of such data must be in line with our data protection legislation; and, moreover, there must be a series of guarantees and safeguards covering the transfer of such data to third countries."@en1
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