[ParlTrack]

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Arnaud DANJEAN, Timothy KIRKHOPE, Salvador SEDÓ i ALABART

Motion for a resolution
Recital R

R. whereas the transfer of personal data by EU institutions, bodies, offices or agencies or by the Member States to the US for law enforcement purposes in the absence of adequate safeguards and protections for the respect of fundamental rights of EU citizens, in particular the rights to privacy and the protection of personal data, would make that EU institution, body, office or agency or that Member State liable, under Article 340 TFEU or the established case law of the CJEU27 , for breach of EU law – which includes any violation of the fundamental rights enshrined in the EU Charter; __________________ 27 See notably Joined Cases C-6/90 and C- 9/90, Francovich and others v. Italy, judgment of 28 May 1991.deleted

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Salvador SEDÓ i ALABART

Motion for a resolution
Recital U a (new)

Ua. whereas in its working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation of 12 December 2013 the Rapporteurs expressed doubts and concerns as to the adequacy of the Safe Harbour and called on the Commission to end the adequacy of Safe Harbour and to find new legal solutions;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Hubert PIRKER, Anna Maria CORAZZA BILDT, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Timothy KIRKHOPE, Salvador SEDÓ i ALABART

Motion for a resolution
Recital AJ a (new)

AJa. whereas terrorist finance tracking is an essential tool in the fight against terrorism financing and serious crime, allowing counter terrorism investigators to discover links between targets of investigation and other potential suspects connected with wider terrorist networks suspected of financing terrorism;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Hubert PIRKER, Anna Maria CORAZZA BILDT, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Arnaud DANJEAN, Timothy KIRKHOPE, Ágnes HANKISS, Salvador SEDÓ i ALABART

Motion for a resolution
Recital AM

AM. whereas during the LIBE delegation to Washington of 28-31 October 2013 the delegation met with the US Department of the Treasury; whereas the US Treasury officially stated that ~~since the entry into force of the TFTP Agree~~the US government (the NSA is in that sense considered part of the government it) hads not ~~had access to data from SWIFT in the EU except within the framework of the TFTP; whereas the US Treasury refused to comment on whether SWIFT data would have been accessed outside TFTP by any o~~been collecting and processing SWIFT data in any other way than as recognised in the agreement, whereas the US Department of the Treasury also gave assurances in relation to access to SWIFT formatted messages in accordance with other legal tools in place; whereas ther US ~~government body or depart~~Department of the Treasury did not comment or n whether ~~the US administration~~or not it was aware of NSA mass surveillance activities; whereas on ~~18 Dec~~24 September 2013 ~~Mr Glenn Greenw~~Europol and SWIFT officialds stated before the LIBE ~~Committee~~ inquiry that the ~~NSA and GCHQ had targeted SWIFT networks~~re were no indications for a breach of the TFTP Agreement by the NSA;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Hubert PIRKER, Anna Maria CORAZZA BILDT, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Arnaud DANJEAN, Timothy KIRKHOPE, Salvador SEDÓ i ALABART

Motion for a resolution
Recital AP

AP. whereas ~~the Joint Review fails to mention the fact that i~~Article 13 of the agreement between the United States of America and the European Union on the cause of p~~roce~~assieng of personal data for intelligence purposes, under US law, non- US citizens do not enjoy any judicial or administrative avenue to protect their rights, and constitutional protections are only granted to US persons; whereas this lack of judicial or administrative rights nullifies the protections for EU citizens laid down in the existing PNR agreementer name records to the United States Department of Homeland Security allows any individual regardless of nationality, country or origin, or place of residence, whose personal data and personal information has been processed and used in a manner inconsistent with the PNR Agreement, to seek effective administrative and judicial redress in accordance with US law;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Timothy KIRKHOPE, Salvador SEDÓ i ALABART

Motion for a resolution
Recital AR

AR. whereas the purpose of this general agreement is to establish the legal framework for all transfers of personal data between the EU and US for the sole purposes of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters; whereas negotiations were authorised by the Council on 2 December 2010; whereas this agreement is of utmost importance and it would act as the basis to facilitate data transfer in the context of police and judicial cooperation and in criminal matters;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Elena Oana ANTONESCU, Hubert PIRKER, Anna Maria CORAZZA BILDT, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Timothy KIRKHOPE, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 5 a (new)

5a. Recalls EU's firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Hubert PIRKER, Anna Maria CORAZZA BILDT, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Arnaud DANJEAN, Timothy KIRKHOPE, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 10

10. Sees the surveillance programmes as yet another step towards the establishment of a fully fledged preventive state, changing the established paradigm of criminal law in democratic societies, promoting instead a mix of law enforcement and intelligence activities with blurred legal safeguards, often not in line with democratic checks and balances and fundamental rights, especially the presumption of innocence; recalls in that regard the decision of the German Federal Constitutional Court37 on the prohibition of the use of preventive dragnets (‘präventive Rasterfahndung’) unless there is proof of a concrete danger to other high-ranking legally protected rights, whereby a general threat situation or international tensions do not suffice to justify such measures; __________________ 37 No 1 BvR 518/02 of 4 April 2006.deleted

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Elena Oana ANTONESCU, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 25

25. Calls on the US to revise its legislation without delay in order to bring it into line with international law, to recognise the privacy and other rights of EU citizens, to provide for judicial redress for EU citizens, to put rights of EU citizens on an equal footing with rights of US citizens and to sign the Additional Protocol allowing for complaints by individuals under the ICCPR;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Hubert PIRKER, Anna Maria CORAZZA BILDT, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Arnaud DANJEAN, Timothy KIRKHOPE, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 44

44. Takes the view that the information provided by the European Commission and the US Treasury does not clarify whether US intelligence agencies have access to SWIFT financial messages in the EU by intercepting SWIFT networks or banks’ operating systems or communication networks, alone or in cooperation with EU national intelligence agencies and without having recourse to existing bilateral channels for mutual legal assistance and judicial cooperationclarify that there were no elements showing that the US Government has acted in a manner contrary to the provisions of the Agreement, and that the US has provided written assurance that no direct data collection has taken place contrary to the provisions of the TFTP Agreement;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Georgios PAPANIKOLAOU, Elena Oana ANTONESCU, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 48

48. Asks for an immediate resumption of the negotiations with the US on the ‘'Umbrella Agreement’', which should ~~provide for clear~~put rights for EU citizens on an equal footing with rights for EUS citizens ~~and~~, moreover the agreement should provide effective and enforceable administrative and judicial remedies for all EU citizens in the US without any discrimination;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 54

54. Reiterates its serious concerns about the compulsory direct disclosure of EU personal data of EU citizens and information processed under cloud agreements to third-country authorities by cloud providers subject to third-country laws or using storage servers located in third countries, and about direct remote access to personal data and information processed by third-country law enforcement authorities and intelligence services; suggests the creation of a reliable EU cloud, or if necessary a "Schengen cloud", as an useful tool in strengthening EU based IT systems against external threats; relaying on binding legal provisions ensuring that cloud data must be processed within in EU territory and without leaving EU borders;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Christian EHLER, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Godelieve QUISTHOUDT-ROWOHL, Teresa JIMÉNEZ-BECERRIL BARRIO, Daniel CASPARY, Anna Maria CORAZZA BILDT, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 59

59. Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the European Parliament will ~~only~~ consent to the final TTIP agreement ~~provided the~~and distinguishes clearly the TTIP negotiations from revelations on the US NSA mass surveillance programme; however the TTIP agreement shall fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemination of personal data must continue to be governed by Article XIV of the GATS;

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS, Véronique MATHIEU HOUILLON

Motion for a resolution
Paragraph 59 a (new)

59a. European Counter Intelligence policy (New heading for additional paragraphs)

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS, Véronique MATHIEU HOUILLON

Motion for a resolution
Paragraph 59 b (new)

59b. Urges Member States to immediately launch a process of setting up permanent structures to better cooperate in the field of counter intelligence at European level on, at first, a multilateral basis taking the conception of Europol in its first years as a blueprint;

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS, Véronique MATHIEU HOUILLON

Motion for a resolution
Paragraph 59 c (new)

59c. This European Counter Intelligence Service should be set up in order to protect the European citizens, EU institutions, national governments and parliaments, major European companies, European IT infrastructures and networks as well as European universities, science and research from spying. Therefore, calls on those Member States to provide for an active involvement of EU stakeholders in industries, businesses and science within this structure in order to assure an information and knowledge exchange between the European Counter Intelligence Service, Member State's counter intelligence services and European economical key players.

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS, Véronique MATHIEU HOUILLON

Motion for a resolution
Paragraph 59 d (new)

59d. Strongly demands this concept of a European Counter Intelligence Service to be added into the Treaties when being reformed the next time in order to assure a European oversight mechanism and involvement of the European Parliament in the decision making.

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS, Véronique MATHIEU HOUILLON

Motion for a resolution
Paragraph 62

62. ~~Calls for the setting up of a high-level group to strengthen~~Urges willing Member States for the setting up of a permanent cooperation in the field of counter intelligence at EU level, combined with a proper oversight mechanism ensuring both democratic legitimacy and adequate technical capacity; stresses that the high-level group should cooperate closely with national parliaments in order to propose further steps to be taken for increased oversight collaboration in the EUuropean level on, at first, a multilateral basis taking the conception of Europol in its first years as a blueprint. This European counter intelligence cooperation should be set up in order to protect the European citizens, economy, businesses and science from spying. This should be combined with a proper oversight mechanism ensuring democratic legitimacy;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Arnaud DANJEAN, Anna Maria CORAZZA BILDT, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 72

72. Calls on the Europol Joint Supervisory Body, together with national data protection authorities, to conduct a joint ~~inspection~~review before the end of 2014 in order to ascertain whether information and personal data shared with Europol has been lawfully acquired by national authorities, particularly if the information or data was initially acquired by intelligence services in the EU or a third country, and whether appropriate measures are in place to prevent the use and further dissemination of such information or data;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Christian EHLER, Elena Oana ANTONESCU, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 73

73. Calls on Europol to ask the competent authorities of the Member States, in line with its competences, to initiate investigations with regard to possible cybercrimes and cyber attacks committed by governments or private actors in the course of the activities under scrutiny; calls on the Commission review the activities of the European Cybercrime Centre and to put forward if necessary a proposal for a comprehensive framework for strengthening the competences of the European Cybercrime Centre;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Ágnes HANKISS, Hubert PIRKER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Arnaud DANJEAN, Timothy KIRKHOPE, Anna Maria CORAZZA BILDT, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 76

76. Calls on the Commission to put forward a proposal for a comprehensive framework for the protection of whistleblowers in the EU, with particular attention to the specificities of whistleblowing in the field of intelligence, for which provisions relating to whistleblowing in the financial field may prove insufficient, and including strong guarantees of immunity;deleted

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS

Motion for a resolution
Paragraph 77

77. Points out that recent incidents clearly demonstrate the acute vulnerability of the EU, and in particular the EU institutions, national governments and parliaments, major European companies, European IT infrastructures and networks as well as European universities, science and research, to sophisticated attacks using complex software; notes that these attacks require such financial and human resources that they are likely to originate from state entities acting on behalf of foreign governments or even from certain EU national governments that support them; in this context, regards the case of the hacking or tapping of the telecommunications company Belgacom as a worrying example of an attack against the EU’'s IT capacity which clearly demonstrates the urgent need of a better protection through a European Counter Intelligence Service;

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS

Motion for a resolution
Paragraph 78

78. Takes the view that the mass surveillance revelations that have initiated this crisis can be used as an opportunity for Europe to take the initiative and build up an autonomous IT key-resource capability ~~for the mid term~~as a strategic priority-one measure and as soon as possible; calls on the Commission and the Member States to use public procurement as leverage to support such resource capability in the EU by making EU security and privacy standards a key requirement in the public procurement of IT goods and services;

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS

Motion for a resolution
Paragraph 83

83. Supports the EU cyber strategy but considers that it does not cover all possible threats and should be extended to cover malicious state behaviours; recalls that any necessary gain in powers and competences requires an equivalent increase in funding;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 84 a (new)

84a. Calls for the promotion of - EU search engines and EU social networks as a valuable step in the direction of EU's IT independency; - European IT-service provider; - encrypting communication in general including e-mail and sms communication; - European IT-key elements, for instance solutions for client-server-operating system, using open source standards, developing European elements for grid coupling, e.g. router;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Hubert PIRKER, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 84 b (new)

84b. Calls on the Commission to present a proposal for a system of product certifying for hard- and software, because there is no structure in the EU for scrutinising hard- and software products regarding backdoors;

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS

Motion for a resolution
Paragraph 85

85. Calls on the Commission, in the framework of the next Work Programme of the Horizon 2020 Programme, to ~~assess whether~~direct more resources ~~should be directed~~ towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society; suggests to provide European companies, especially small and medium size enterprises, with financial and / or practical assistance as regards an optimal legal protection of European knowledge and research, for example in filing patent applications or bringing action against cyber-knowledge thefts;

2014/01/24
Committee: LIBE

2013/2188(INI)

Axel VOSS, Elena Oana ANTONESCU, Hubert PIRKER, Véronique MATHIEU HOUILLON, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Teresa JIMÉNEZ-BECERRIL BARRIO, Timothy KIRKHOPE, Anna Maria CORAZZA BILDT, Salvador SEDÓ i ALABART

Motion for a resolution
Paragraph 85

85. Calls on the Commission, to strengthen the technological European infrastructure and the European digital market and therefore in the framework of the next Work Programme of the Horizon 2020 Programme~~, to assess whether~~; more resources should be directed towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society in order to make email and telecommunications safer; to promote the internal market for European soft- and hardware, and to promote cryptophones and to encrypt communication infrastructures;

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS

Motion for a resolution
Paragraph 86

86. Asks the Commission to map out current responsibilities and to review, by June 2014 at the latest, the need for a broader mandate, better coordination and/or additional resources and technical capabilities for Europol’s CyberCrime Centre, ENISA, CERT-EU and the EDPS in order to enable them to be more effective in preventing and investigating major IT breaches in the EU and in performing (or assisting Member States and EU bodies to perform) on-site technical investigations regarding major IT breaches;

2014/01/24
Committee: LIBE

2013/2188(INI)

Hubert PIRKER, Axel VOSS

Motion for a resolution
Paragraph 87

87. Deems it necessary for the EU to be supported by an EU IT Academy that brings together the best European experts in all related fields, tasked with providing all relevant EU Institutions and bodies with scientific advice on IT technologies, including security-related strategies; ~~as a first step asks the Commission to set up an independent scientific expert panel;~~

2014/01/24
Committee: LIBE

Activities of Hubert PIRKER

Plenary speeches (281)