Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-10-18-Speech-1-135"
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"en.20101018.15.1-135"2
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"Mr President, representatives of the Commission, I urge you to take this question that we have asked extremely seriously, because what we are concerned with here is the fundamental matter – as has just been said – of whether there is any point in working on data protection provisions if, at the same time, agreements are being negotiated behind the back of the European Parliament, and perhaps even behind the backs of the national parliaments, that undermine these standards.
Close transatlantic cooperation on security – all transatlantic cooperation – is very important, particularly when it comes to creating an area of freedom and justice. However, we must not allow this to result in collective security interests being asserted while individual freedoms and basic rights are left behind. This applies particularly to data protection in international cooperation.
As Parliament, we have repeatedly made clear over many years that we consider it important in all these measures – whether it is the forwarding of PNR data or access to SWIFT banking data – that there are generally applicable data protection principles that can also be implemented at an individual level. This is something that is constantly being neglected. For this reason, as Parliament, we have also made it clear that we want to have general standards that are applicable throughout the EU and which are then agreed with the US. I was rapporteur for the EU’s framework agreement with the US and I feel obliged to say that it is highly important that this applies not just to EU agreements by the Member States, but also to Member States’ agreements. It is obvious that this is an area in which powers are shared; in other words, bilateral agreements by Member States with the US will always exist in parallel. There is nothing wrong with that, provided firstly, that these do not result in a lowering or undermining of the standards agreed jointly at European level – which is what this debate is about – and secondly, that they remain within the legal framework in force.
Now, following the entry into force of the Treaty of Lisbon, we not only have the situation that the European Parliament has quite rightly been involved in these matters, but we also have a legal framework that states that where powers are shared, then it is the case that if regulations have been passed at EU level – such as for PNR data – then this area is out of bounds to the Member States. In my opinion, the Member States cannot then be allowed to start their own negotiations with the US in this area, because this quite simply undermines our negotiating position on data protection.
I therefore urge you, as the European Commission, to intervene in this matter where the Member States are concerned and to make it clear to the Council Presidency that these negotiations must be halted and that, above all, the legal basis that applies post Treaty of Lisbon must be clarified. It is clear to us, as Parliament, that the EU needs to speak with one voice in the negotiations, and the Commission – whose proposals I consider correct in many cases – should also be told that the following clear principle must apply at all accounts: we must negotiate with one voice only, and not constantly conduct new negotiations on a bilateral basis."@en1
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