BETA


2005/0095(CNS) EC/Canada agreement: air transport and right to privacy, processing of advance passenger information (API) and passenger name record (PNR) data

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE IN 'T VELD Sophia (icon: ALDE ALDE)
Committee Opinion AFET
Committee Legal Basis Opinion JURI MEDINA ORTEGA Manuel (icon: PSE PSE)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 095, EC Treaty (after Amsterdam) EC 300-p2-a1

Events

2006/03/21
   Final act published in Official Journal
Details

PURPOSE : to conclude the agreement between the European Community and the Canadian government on the processing of airline passenger data (API/PNR).

LEGISLATIVE ACT : Council Decision 2006/230/EC.

CONTENU : on 7 March 2005, the Council authorised the Commission to negotiate on behalf of the Community an Agreement with Canada on the processing and transfer of Advance Passenger Information (API) and Passenger Name Record (PNR) data by air carriers to the Canada Border Services Agency (CBSA).

The purpose of this Agreement is to ensure that API/PNR data of persons on eligible journeys is provided in full respect of fundamental rights and freedoms, in particular the right to privacy. An eligible journey is a passage by an air carrier from the territory of one Party to the territory of the requesting Party.

2005/07/18
   EP/CSL - Act adopted by Council after consultation of Parliament
2005/07/18
   EP - End of procedure in Parliament
2005/07/18
   CSL - Council Meeting
2005/07/07
   EP - Text adopted by Parliament, 1st reading/single reading
Details

By 321 votes for, 53 against and 192 abstentions, the European Parliament adopted the report by Sophia IN’T VELD (ADLE, NL) which aimed to reject the EU-Canada agreement on the use of personal data provided by airlines to the border authorities of Canada.

Parliament felt that the signature of such an agreement should be postponed until the Court of Justice takes a final decision on a very similar procedure between the EU and USA on the transfer of data, even if they agreed in principle with the content of the Canada agreement.

Parliament also claimed that for this kind of agreement, the assent procedure should be used instead of the consultation procedure as is the case now.

It should be noted that even if they decided to reject the Council initial proposal for these procedural reasons, the House considers the content of the agreement with Canada to be an "acceptable balance" between ensuring security and protecting personal data. It was argued during the debates in the Civil Liberties Committee that the agreement to transfer personal information from citizens who travel into Canada would be acceptable, since Canada has a good legislative system on data protection and because the use of such data would be strictly limited.

The negotiation approach by the European Parliament is similar to that regarding the EU-USA agreement. In 2003 and 2004, MEPs adopted a number of critical resolutions, expressing serious concerns with regard to the use of PNR data. In particular, the Parliament stressed that using PNR data is far from being effective in the fight against terrorism and that there was a serious risk of violating the data protection principles.

Subsequently, in August 2004 the European Parliament brought an action before the Court of Justice for the annulment of the EU-US agreement, judgement on which is still pending.

2005/07/07
   EP - Results of vote in Parliament
2005/07/07
   EP - Decision by Parliament
Details

By 321 votes for, 53 against and 192 abstentions, the European Parliament adopted the report by Sophia IN’T VELD (ADLE, NL) which aimed to reject the EU-Canada agreement on the use of personal data provided by airlines to the border authorities of Canada.

Parliament felt that the signature of such an agreement should be postponed until the Court of Justice takes a final decision on a very similar procedure between the EU and USA on the transfer of data, even if they agreed in principle with the content of the Canada agreement.

Parliament also claimed that for this kind of agreement, the assent procedure should be used instead of the consultation procedure as is the case now.

It should be noted that even if they decided to reject the Council initial proposal for these procedural reasons, the House considers the content of the agreement with Canada to be an "acceptable balance" between ensuring security and protecting personal data. It was argued during the debates in the Civil Liberties Committee that the agreement to transfer personal information from citizens who travel into Canada would be acceptable, since Canada has a good legislative system on data protection and because the use of such data would be strictly limited.

The negotiation approach by the European Parliament is similar to that regarding the EU-USA agreement. In 2003 and 2004, MEPs adopted a number of critical resolutions, expressing serious concerns with regard to the use of PNR data. In particular, the Parliament stressed that using PNR data is far from being effective in the fight against terrorism and that there was a serious risk of violating the data protection principles.

Subsequently, in August 2004 the European Parliament brought an action before the Court of Justice for the annulment of the EU-US agreement, judgement on which is still pending.

Documents
2005/07/04
   EP - Committee opinion
Documents
2005/07/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2005/07/04
   EP - Vote in committee
2005/07/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2005/06/24
   EP - Amendments tabled in committee
Documents
2005/06/22
   EP - Committee referral announced in Parliament
2005/06/15
   OS - Document attached to the procedure
2005/06/13
   EP - IN 'T VELD Sophia (ALDE) appointed as rapporteur in LIBE
2005/05/19
   EC - Legislative proposal
Details

PURPOSE : to conclude an agreement with Canada for the processing and transfer of Advanced Passenger Information (API) and Passenger Name Record (PNR) data for journeys by air carriers between the EU and Canada.

PROPOSED ACT : Council Decision.

CONTENT : the background to this proposal is as follows: a fter September 11 2001, Canada adopted legislation authorising the Canada Border Services Agency to obtain API and PNR data relating to all persons on board flights bound for Canada. CBSA phased in the requirement to provide PNR data relating to persons on board flights bound for Canada between March 2003 and September 2004, and from February 2005 introduced a system of monetary penalties for non-compliance. The EU has a temporary derogation from this requirement until 1 July 2005, in order to allow negotiations on an international agreement with Canada to take place. The Canadian measures potentially conflicted with Community and Member States' legislation on privacy and data protection, and in particular with Directive 95/46/EC. From July 2005, airlines will potentially face sanctions for non-compliance on both sides, without being able to solve the legal problems at stake. A solution is thus urgently required which will avoid legal uncertainty for airlines while ensuring the protection of citizens' personal privacy as well as their physical security.

The Commission has proposed a legal framework based on three elements:

- the Commitments made by CBSA with respect to the additional protection to be afforded to API/PNR data;

- a Commission Decision finding protection adequate under Article 25 paragraph 6 of the Data Protection Directive (95/46/EC), and

- a bilateral agreement between the European Community and Canada.

The proposed agreement provides a legitimate basis for the transfer of data to Canada in accordance with the requirements of Article 7 of Directive 95/46/EC, that is, the creation of a legal obligation within the Community to obey requirements under Canadian law. The application of this legal obligation is subject to the Commission Decision on adequacy being in force, in such a way as to ensure that any persistent non-compliance by Canada with its Commitments would lead to suspension of the Decision and automatically to suspension of the agreement.

The proposed agreement also enshrines the general principles of non-discrimination and reciprocity, and provides for annual joint review of its implementation.

The agreement does not create additional financial burdens for the Community or national governments. The administrative requirement to hold an annual Joint Review of the implementation of the agreement is proportional to its aim of providing for the processing and transfer of API/PNR data consistent with data privacy and security requirements, and will be fulfilled using existing staff resources.

2005/05/18
   EC - Legislative proposal published
Details

PURPOSE : to conclude an agreement with Canada for the processing and transfer of Advanced Passenger Information (API) and Passenger Name Record (PNR) data for journeys by air carriers between the EU and Canada.

PROPOSED ACT : Council Decision.

CONTENT : the background to this proposal is as follows: a fter September 11 2001, Canada adopted legislation authorising the Canada Border Services Agency to obtain API and PNR data relating to all persons on board flights bound for Canada. CBSA phased in the requirement to provide PNR data relating to persons on board flights bound for Canada between March 2003 and September 2004, and from February 2005 introduced a system of monetary penalties for non-compliance. The EU has a temporary derogation from this requirement until 1 July 2005, in order to allow negotiations on an international agreement with Canada to take place. The Canadian measures potentially conflicted with Community and Member States' legislation on privacy and data protection, and in particular with Directive 95/46/EC. From July 2005, airlines will potentially face sanctions for non-compliance on both sides, without being able to solve the legal problems at stake. A solution is thus urgently required which will avoid legal uncertainty for airlines while ensuring the protection of citizens' personal privacy as well as their physical security.

The Commission has proposed a legal framework based on three elements:

- the Commitments made by CBSA with respect to the additional protection to be afforded to API/PNR data;

- a Commission Decision finding protection adequate under Article 25 paragraph 6 of the Data Protection Directive (95/46/EC), and

- a bilateral agreement between the European Community and Canada.

The proposed agreement provides a legitimate basis for the transfer of data to Canada in accordance with the requirements of Article 7 of Directive 95/46/EC, that is, the creation of a legal obligation within the Community to obey requirements under Canadian law. The application of this legal obligation is subject to the Commission Decision on adequacy being in force, in such a way as to ensure that any persistent non-compliance by Canada with its Commitments would lead to suspension of the Decision and automatically to suspension of the agreement.

The proposed agreement also enshrines the general principles of non-discrimination and reciprocity, and provides for annual joint review of its implementation.

The agreement does not create additional financial burdens for the Community or national governments. The administrative requirement to hold an annual Joint Review of the implementation of the agreement is proportional to its aim of providing for the processing and transfer of API/PNR data consistent with data privacy and security requirements, and will be fulfilled using existing staff resources.

2004/09/20
   EP - MEDINA ORTEGA Manuel (PSE) appointed as rapporteur in JURI

Documents

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2005-06-21T00:00:00 docs: title: PE360.028 type: Committee draft report body: EP
  • date: 2005-06-24T00:00:00 docs: title: PE360.151 type: Amendments tabled in committee body: EP
  • date: 2005-07-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE360.233 title: PE360.233 committee: JURI type: Committee opinion body: EP
  • date: 2005-07-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-226&language=EN title: A6-0226/2005 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2005-07-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-294 title: T6-0294/2005 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2006:157E:SOM:EN:HTML title: OJ C 157 06.07.2006, p. 0406-0464 E summary: By 321 votes for, 53 against and 192 abstentions, the European Parliament adopted the report by Sophia IN’T VELD (ADLE, NL) which aimed to reject the EU-Canada agreement on the use of personal data provided by airlines to the border authorities of Canada. Parliament felt that the signature of such an agreement should be postponed until the Court of Justice takes a final decision on a very similar procedure between the EU and USA on the transfer of data, even if they agreed in principle with the content of the Canada agreement. Parliament also claimed that for this kind of agreement, the assent procedure should be used instead of the consultation procedure as is the case now. It should be noted that even if they decided to reject the Council initial proposal for these procedural reasons, the House considers the content of the agreement with Canada to be an "acceptable balance" between ensuring security and protecting personal data. It was argued during the debates in the Civil Liberties Committee that the agreement to transfer personal information from citizens who travel into Canada would be acceptable, since Canada has a good legislative system on data protection and because the use of such data would be strictly limited. The negotiation approach by the European Parliament is similar to that regarding the EU-USA agreement. In 2003 and 2004, MEPs adopted a number of critical resolutions, expressing serious concerns with regard to the use of PNR data. In particular, the Parliament stressed that using PNR data is far from being effective in the fight against terrorism and that there was a serious risk of violating the data protection principles. Subsequently, in August 2004 the European Parliament brought an action before the Court of Justice for the annulment of the EU-US agreement, judgement on which is still pending. type: Text adopted by Parliament, 1st reading/single reading body: EP
events
  • date: 2005-05-19T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0200/COM_COM(2005)0200_FR.pdf title: COM(2005)0200 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=200 title: EUR-Lex summary: PURPOSE : to conclude an agreement with Canada for the processing and transfer of Advanced Passenger Information (API) and Passenger Name Record (PNR) data for journeys by air carriers between the EU and Canada. PROPOSED ACT : Council Decision. CONTENT : the background to this proposal is as follows: a fter September 11 2001, Canada adopted legislation authorising the Canada Border Services Agency to obtain API and PNR data relating to all persons on board flights bound for Canada. CBSA phased in the requirement to provide PNR data relating to persons on board flights bound for Canada between March 2003 and September 2004, and from February 2005 introduced a system of monetary penalties for non-compliance. The EU has a temporary derogation from this requirement until 1 July 2005, in order to allow negotiations on an international agreement with Canada to take place. The Canadian measures potentially conflicted with Community and Member States' legislation on privacy and data protection, and in particular with Directive 95/46/EC. From July 2005, airlines will potentially face sanctions for non-compliance on both sides, without being able to solve the legal problems at stake. A solution is thus urgently required which will avoid legal uncertainty for airlines while ensuring the protection of citizens' personal privacy as well as their physical security. The Commission has proposed a legal framework based on three elements: - the Commitments made by CBSA with respect to the additional protection to be afforded to API/PNR data; - a Commission Decision finding protection adequate under Article 25 paragraph 6 of the Data Protection Directive (95/46/EC), and - a bilateral agreement between the European Community and Canada. The proposed agreement provides a legitimate basis for the transfer of data to Canada in accordance with the requirements of Article 7 of Directive 95/46/EC, that is, the creation of a legal obligation within the Community to obey requirements under Canadian law. The application of this legal obligation is subject to the Commission Decision on adequacy being in force, in such a way as to ensure that any persistent non-compliance by Canada with its Commitments would lead to suspension of the Decision and automatically to suspension of the agreement. The proposed agreement also enshrines the general principles of non-discrimination and reciprocity, and provides for annual joint review of its implementation. The agreement does not create additional financial burdens for the Community or national governments. The administrative requirement to hold an annual Joint Review of the implementation of the agreement is proportional to its aim of providing for the processing and transfer of API/PNR data consistent with data privacy and security requirements, and will be fulfilled using existing staff resources.
  • date: 2005-06-22T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2005-07-04T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2005-07-04T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-226&language=EN title: A6-0226/2005
  • date: 2005-07-07T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=4185&l=en title: Results of vote in Parliament
  • date: 2005-07-07T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-294 title: T6-0294/2005 summary: By 321 votes for, 53 against and 192 abstentions, the European Parliament adopted the report by Sophia IN’T VELD (ADLE, NL) which aimed to reject the EU-Canada agreement on the use of personal data provided by airlines to the border authorities of Canada. Parliament felt that the signature of such an agreement should be postponed until the Court of Justice takes a final decision on a very similar procedure between the EU and USA on the transfer of data, even if they agreed in principle with the content of the Canada agreement. Parliament also claimed that for this kind of agreement, the assent procedure should be used instead of the consultation procedure as is the case now. It should be noted that even if they decided to reject the Council initial proposal for these procedural reasons, the House considers the content of the agreement with Canada to be an "acceptable balance" between ensuring security and protecting personal data. It was argued during the debates in the Civil Liberties Committee that the agreement to transfer personal information from citizens who travel into Canada would be acceptable, since Canada has a good legislative system on data protection and because the use of such data would be strictly limited. The negotiation approach by the European Parliament is similar to that regarding the EU-USA agreement. In 2003 and 2004, MEPs adopted a number of critical resolutions, expressing serious concerns with regard to the use of PNR data. In particular, the Parliament stressed that using PNR data is far from being effective in the fight against terrorism and that there was a serious risk of violating the data protection principles. Subsequently, in August 2004 the European Parliament brought an action before the Court of Justice for the annulment of the EU-US agreement, judgement on which is still pending.
  • date: 2005-07-18T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2005-07-18T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2006-03-21T00:00:00 type: Final act published in Official Journal summary: PURPOSE : to conclude the agreement between the European Community and the Canadian government on the processing of airline passenger data (API/PNR). LEGISLATIVE ACT : Council Decision 2006/230/EC. CONTENU : on 7 March 2005, the Council authorised the Commission to negotiate on behalf of the Community an Agreement with Canada on the processing and transfer of Advance Passenger Information (API) and Passenger Name Record (PNR) data by air carriers to the Canada Border Services Agency (CBSA). The purpose of this Agreement is to ensure that API/PNR data of persons on eligible journeys is provided in full respect of fundamental rights and freedoms, in particular the right to privacy. An eligible journey is a passage by an air carrier from the territory of one Party to the territory of the requesting Party. docs: title: Decision 2006/230 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006D0230 title: OJ L 082 21.03.2006, p. 0014-0019 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2006:082:TOC
other
  • body: EC dg: External Relations
procedure/dossier_of_the_committee
Old
LIBE/6/28261
New
  • LIBE/6/28261
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006D0230
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006D0230
procedure/subject
Old
  • 1.20.09 Protection of privacy and data protection
  • 3.20.15.02 Air transport agreements and cooperation
New
1.20.09
Protection of privacy and data protection
3.20.01
Air transport and air freight
3.20.15.02
Air transport agreements and cooperation
procedure/title
Old
EC/Canada agreement: air transport and right to privacy, processing of advance passenger information API and passenger name record PNR data
New
EC/Canada agreement: air transport and right to privacy, processing of advance passenger information (API) and passenger name record (PNR) data
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities/1/committees/2/rapporteur/0/mepref
Old
545fc318d1d1c57f99000000
New
4f1ac934b819f25efd00011a
activities/2/committees/2/rapporteur/0/mepref
Old
545fc318d1d1c57f99000000
New
4f1ac934b819f25efd00011a
committees/2/rapporteur/0/mepref
Old
545fc318d1d1c57f99000000
New
4f1ac934b819f25efd00011a
activities
  • date: 2005-05-19T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0200/COM_COM(2005)0200_FR.pdf title: COM(2005)0200 type: Legislative proposal published celexid: CELEX:52005PC0200:EN body: EC type: Legislative proposal published commission: DG: External Relations
  • date: 2005-06-22T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: None committee: JURI date: 2004-09-20T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel body: EP responsible: True committee: LIBE date: 2005-06-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: IN 'T VELD Sophia
  • date: 2005-07-04T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: None committee: JURI date: 2004-09-20T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel body: EP responsible: True committee: LIBE date: 2005-06-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: IN 'T VELD Sophia docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-226&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0226/2005
  • date: 2005-07-07T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4185&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-294 type: Decision by Parliament, 1st reading/single reading title: T6-0294/2005 body: EP type: Results of vote in Parliament
  • date: 2005-07-18T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 2674
  • date: 2005-07-18T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2005-07-18T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2006-03-21T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006D0230 title: Decision 2006/230 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2006:082:TOC title: OJ L 082 21.03.2006, p. 0014-0019
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: None committee: JURI date: 2004-09-20T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel
  • body: EP responsible: True committee: LIBE date: 2005-06-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: IN 'T VELD Sophia
links
European Commission
other
  • body: EC dg: External Relations
procedure
dossier_of_the_committee
LIBE/6/28261
geographical_area
Canada
reference
2005/0095(CNS)
subtype
International agreement
legal_basis
stage_reached
Procedure completed
instrument
Decision
title
EC/Canada agreement: air transport and right to privacy, processing of advance passenger information API and passenger name record PNR data
type
CNS - Consultation procedure
final
subject