Activites

• 2013/04/16 Proposal withdrawn by Commission
  • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, MALMSTRÖM Cecilia
• #3051
• 2010/12/02 Council Meeting
• 2010/02/25 Committee referral announced in Parliament, 1st reading/single reading
• #2993
• 2010/02/15 Council Meeting
• 2010/02/01 Legislative proposal published
  • 05303/2010 summary

    PURPOSE:  to conclude the Agreement between the EU and Australia on the processing and transfer of EU-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service.PROPOSED ACT: Council Decision.CONTENT: this proposal aims to conclude, on behalf of the Union, the Agreement between the EU and Australia on the processing and transfer of EU-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service.The Agreement was signed on 30 June 2008 but it has not yet been formally concluded. For details of the content of the Agreement, please refer to the summary of the document annexed to the procedure of 18/01/2010 (Council document 9946/08).With the entry into force of the Treaty of Lisbon on 1 December 2009, the procedures to be followed by the Union in order to conclude the Agreement are governed by Article 218 of the Treaty on the Functioning of the European Union (TFEU) which states that the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament.Territorial application: in accordance with the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, these Member States have notified their wish to take part in the adoption and application of this Decision. Denmark will not be bound by the Agreement.It should be noted that this Agreement has applied provisionally since the date of its signature (30 June 2008).

  • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, MALMSTRÖM Cecilia
• 2009/12/18 Initial legislative proposal published
  • COM(2009)0701 summary

    PURPOSE:  to conclude the Agreement between the EU and Australia on the processing and transfer of EU-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service.PROPOSED ACT: Council Decision.BACKGROUND: the Justice and Home Affairs Council of 30 June 2008 authorised the Presidency of the Council of the European Union to sign an agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service. The Agreement was signed by the Parties on 30 June 2008 and is applied provisionally as from that date. - Australian border protection legislation empowers Australian Customs to risk assess international airlines' PNR data prior to passenger arrival in Australia. This legislation aims at enhancing the security of the Australian border and territory and serves in particular to implement the Government's 2001 election programme to increase national security.CONTENT: the main purpose of the Agreement is to ensure the exchange of European passenger information, known as Passenger Name Record or PNR data with Australian Customs pursuant to which this service assesses the risk a passenger may pose to Australian security. Within this context, the agreement provides a legal basis for the exchange of law enforcement relevant information between the EU and Australia for the fight against terrorism and related transnational crime, including organised crime, in this case PNR data, thereby providing legal certainty for airlines, passengers and data protection authorities, whilst ensuring the protection of citizens' privacy as well as their physical security. In addition, an EU agreement enables to apply this approach homogeneously throughout the EU in order to ensure respect for individuals' right to privacy and to avoid distortion of competition between airlines.Respecting Fundamental Rights: the Agreement aims to prevent and combat terrorism while respecting fundamental rights, and notably the protection of personal data. It aims to ensure full respect for fundamental rights enshrined in Article 6 of the Treaty on European Union and for the principles of proportionality and necessity regarding the right to respect for private and family life and the protection of personal data as set out in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.Territorial application: the UK and Ireland will take part in the adoption of the Decision.  Denmark will not be bound by the Agreement.It should be noted that in accordance with Article 218(6)(a) of the Treaty on the Functioning of the European Union, it is provided that in the case of agreements covering fields to which the ordinary legislative procedure applies, the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament.

  • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, MALMSTRÖM Cecilia

Documents

• Initial legislative proposal published: COM(2009)0701
• Legislative proposal published: 05303/2010

History

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