Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-10-18-Speech-1-136"
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"en.20101018.15.1-136"2
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"I very much welcome questions from Members of Parliament. I would like to declare from the very beginning that the Commission shares their sensitivities on the protection of the data of our citizens.
Let me refer to the issue from the very beginning. You perhaps know that this is not a new issue. In August 2007, the United States modernised the Visa Waiver Programme by adding certain conditions to further enhance security. We have to admit that these conditions affect all EU Member States, whether they are in the US Visa Waiver Programme or not. They provide that, in order for a country to enter or to continue to be in the Visa Waiver Programme, it would need to agree to cooperate with the United States on law enforcement issues. In particular, it would need to exchange law enforcement information.
This new law led the EU to follow a twin-track approach, as you have already mentioned. Under the EU track, negotiations started between the EU and the United States regarding certain conditions for access to the US Visa Waiver Programme which fall under EU competence. The EU track dealt with the return policy of all nationals, security of travel documents and airport security. These issues fall under our competence.
The bilateral track, which still exists between the US and individual Member States, was used to satisfy the United States’ requirement for cooperation on counter-terrorism initiatives and information sharing. For Member States not yet in the Visa Waiver Programme, concluding agreements on these issues is a pre-condition to be designated as a Visa Waiver Programme country. We have to take care of this.
For Member States already in the Visa Waiver Programme, such negotiations would take place at a later stage, so it is much easier for them. According to information the Commission gathered from the Member States, this is the only way to deal with the issue. Eight Member States signed Memoranda of Understanding with the United States stating that they agreed to cooperate with the United States on such matters. These are the Czech Republic, Estonia, Greece, Latvia, Lithuania, Hungary, Malta and Slovakia. This was the problem they were trying to solve. In this way, these eight Member States were able to join the Visa Waiver Programme, which is why they did it.
The Commission understands that the Memoranda of Understanding were not intended to be, in themselves, the legal basis for the exchange of data between the United States and the relevant Member States. They merely express the intention of the two parties to have specific arrangements and agreements to govern the exchange of data. This is what they are about.
I have to underline that information about the precise content of the Memorandum of Understanding is held by the Member States themselves. This includes the categories of data that are covered by them. Therefore, if the European Parliament wants to seek additional information, you have to seek it from the Member States concerned.
However, the Commission – and I am coming to our responsibility now – has ensured that the United States would not request bilateral arrangements with the Member States on the exchange of PNR data since this was a matter falling within EU competence under the relevant EU-United States PNR agreement. This is what we have done.
Finally, in the negotiations on the EU-US Agreement, there was an exchange of letters to record that the US legal requirements for continued participation in the VWP were satisfied for matters which fall under EU competence. In this context, the Commission made clear that this exchange of letters, which is part of ongoing negotiations, could not provide access to the EU database."@en1
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