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News Releases
No. 50/06
June 19, 2006
EU COMMISSION ADOPTS INITIATIVES TO OPEN NEW TALKS WITH THE US ON PASSENGER NAME RECORDS
The European Commission adopted today two initiatives to
put a legally sound framework in place for the transfer
of
PNR (Passenger Name Records) data to the United States. One initiative would
terminate the existing agreement while the other would
authorize opening talks with the United States. These
initiatives are the first European answers to correct
the legal basis for the agreement with the US that was
struck down by the European Court of Justice on 30 May
2006. The Court ruled that the Article 95 of the
EC Treaty was
not an appropriate legal basis for the transfer of PNR
data, which are essentially aiming to ensure public
security and activities by public authorities in areas
of criminal law.
As the agreement with the United States remains in force
under international law for a period of ninety days after it
is denounced by either party, the Commission recommends
to the EU Council that the agreement with the US be
terminated before the end of this month.
At the same time the Commission asks the Council for
authorization to open negotiations for an agreement with
the United States on the use of PNR data to prevent and
combat
terrorism and transnational crime, including
organized crime.
With the adoption of these initiatives only two weeks
after the Court ruling, the Commission underlines its
willingness to respect fully the Court's judgment and
its commitment to continue the fight against terrorism
while respecting fundamental rights and freedoms.
The Commission is working closely with the other
institutions involved in order to ensure full compliance
with the Court ruling. The Commission recommends that
the Commission and the Council act together to denounce
the current PNR agreement with the United States. Once
notified through diplomatic channels, the agreement will
be terminated ninety days after its notification to the
United States.
At the same time, the Commission recommends that the
Council give authorization to open negotiations for a
new agreement with the US on the basis of Article 38 of
Title VI, Treaty on European Union. Title VI (3rd
Pillar) is the correct legal environment to conclude an
International Agreement for matters dealing with public
security and criminal law matters.
The Commission is in favor of an approach whereby the
current agreement is replaced by a new one having a
correct legal basis in compliance with the ruling of the
Court. The content of the current agreement has not been
criticized by the Court and should therefore continue to
offer the same level of safeguards regarding the legal
certainty for air carriers, the respect of human rights
and the purposes for which PNR data may be used. To
protect public security and the economic interests of
European air carriers this new agreement should replace
the current agreement when it will be terminated, i.e.,
30 September 2006.
The Commission wanted to launch these initiatives
without delay and will continue to work with all the
parties concerned over the period permitted by the Court
to put in place the measures required by the ruling.
In that respect the Commission counts on the competent
authorities of the United States to ensure commonly a
high level of security, whilst continuing to ensure the
smooth functioning of the commercial activities of air
carriers without lowering the data protection standards
which are currently in place.
Further Contact Information
Press and Public Diplomacy
Delegation of the European Commission
2300 M Street, NW
Washington, DC 20037
http://www.eurunion.org/PressRoom
Tel: 202-862-9552
Fax: 202-429-1766
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