BETA


2014/2966(RSP) Resolution on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of passenger name record (PNR) data

Progress: Procedure completed

Legal Basis:
RoP 114-p6

Events

2014/11/25
   EP - Results of vote in Parliament
2014/11/25
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 383 votes to 271, with 47 abstentions, a resolution tabled by the ALDE Group on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (PNR).

The European Union concluded an agreement with Canada in 2005 on the processing of Passenger Name Record (PNR) data on the basis of a set of commitments by the Canada Border Services Agency (CBSA) in relation to the application of its PNR programme. With the expiry of the relevant Commission decision on 22 September 2009, the European legal basis for the transmission of PNR data to the CBSA ceased to exist.

On 2 December 2010 the Council adopted a decision, together with a negotiating directive, authorising the Commission to open negotiations on behalf of the EU for an agreement with Canada on the transfer and processing of Passenger Name Record data.

Parliament decided to seek an opinion from the Court of Justice on the compatibility of the agreement with the Treaties . It took the view that there is legal uncertainty as to whether the draft agreement is compatible with the provisions of the Treaties (Article 16 TFEU) and the Charter of Fundamental Rights of the European Union (Articles 7, 8 and 52(1)) as regards the right of individuals to protection of personal data.

Moreover, Parliament also questioned the choice of legal basis , i.e. Articles 82(1)(d) and 87(2)(a) TFEU (police and judicial cooperation) rather than Article 16 TFEU (data protection).

It is recalled that following the entry into force of the Lisbon Treaty on 1 December 2009, the conclusion of new PNR agreements requires the consent of the European Parliament before they can be adopted by the Council.

Documents
2014/11/25
   EP - End of procedure in Parliament
2014/11/24
   EP - Motion for a resolution
Documents

Documents

Activities

Votes

B8-0265/2014 - Résolution

2014/11/25 Outcome: +: 383, -: 271, 0: 47
FR IT ES DE SE GB PT AT EL LT BE RO CY FI EE DK CZ IE NL MT BG HR LU SI LV SK HU PL
Total
70
68
48
88
18
69
20
18
21
11
19
30
6
13
6
11
19
9
24
6
15
11
4
8
8
12
19
49
icon: S&D S&D
179

Cyprus S&D

2

Estonia S&D

For (1)

1

Ireland S&D

For (1)

1

Netherlands S&D

3

Malta S&D

3

Croatia S&D

2

Slovenia S&D

For (1)

1

Latvia S&D

1
icon: ALDE ALDE
62

United Kingdom ALDE

1

Austria ALDE

For (1)

1

Romania ALDE

3

Estonia ALDE

Abstain (1)

3

Denmark ALDE

2

Ireland ALDE

For (1)

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
48

Austria Verts/ALE

3

Lithuania Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Finland Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Croatia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Hungary Verts/ALE

1
icon: GUE/NGL GUE/NGL
46

Sweden GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Cyprus GUE/NGL

2

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Czechia GUE/NGL

2

Ireland GUE/NGL

3

Netherlands GUE/NGL

2
icon: NI NI
46

Germany NI

For (1)

Against (1)

2

Belgium NI

For (1)

1

Netherlands NI

3

Latvia NI

1

Hungary NI

2
2
icon: EFDD EFDD
45

France EFDD

1

Sweden EFDD

2

Lithuania EFDD

2

Czechia EFDD

Abstain (1)

1

Poland EFDD

1
icon: ECR ECR
66

Greece ECR

For (1)

1

Lithuania ECR

Against (1)

1

Belgium ECR

3

Finland ECR

2

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2

Croatia ECR

Against (1)

1

Latvia ECR

Against (1)

1

Slovakia ECR

2
icon: PPE PPE
208

Sweden PPE

2

Lithuania PPE

2

Belgium PPE

Abstain (1)

4

Cyprus PPE

Against (1)

2

Estonia PPE

Against (1)

1

Ireland PPE

Abstain (1)

4

Malta PPE

3

Luxembourg PPE

Against (2)

Abstain (1)

3

History

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

docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2014-0265&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-8-2014-0265_EN.html
events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2014-0058
New
http://www.europarl.europa.eu/doceo/document/TA-8-2014-0058_EN.html
activities
  • date: 2014-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=24953&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=P8-TA-2014-0058 type: Decision by Parliament, 1st reading/single reading title: T8-0058/2014 body: EP type: Results of vote in Parliament
committees
    docs
    • date: 2014-11-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2014-0265&language=EN title: B8-0265/2014 type: Motion for a resolution body: EP
    events
    • date: 2014-11-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=24953&l=en title: Results of vote in Parliament
    • date: 2014-11-25T00:00:00 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=P8-TA-2014-0058 title: T8-0058/2014 summary: The European Parliament adopted by 383 votes to 271, with 47 abstentions, a resolution tabled by the ALDE Group on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (PNR). The European Union concluded an agreement with Canada in 2005 on the processing of Passenger Name Record (PNR) data on the basis of a set of commitments by the Canada Border Services Agency (CBSA) in relation to the application of its PNR programme. With the expiry of the relevant Commission decision on 22 September 2009, the European legal basis for the transmission of PNR data to the CBSA ceased to exist. On 2 December 2010 the Council adopted a decision, together with a negotiating directive, authorising the Commission to open negotiations on behalf of the EU for an agreement with Canada on the transfer and processing of Passenger Name Record data. Parliament decided to seek an opinion from the Court of Justice on the compatibility of the agreement with the Treaties . It took the view that there is legal uncertainty as to whether the draft agreement is compatible with the provisions of the Treaties (Article 16 TFEU) and the Charter of Fundamental Rights of the European Union (Articles 7, 8 and 52(1)) as regards the right of individuals to protection of personal data. Moreover, Parliament also questioned the choice of legal basis , i.e. Articles 82(1)(d) and 87(2)(a) TFEU (police and judicial cooperation) rather than Article 16 TFEU (data protection). It is recalled that following the entry into force of the Lisbon Treaty on 1 December 2009, the conclusion of new PNR agreements requires the consent of the European Parliament before they can be adopted by the Council.
    • date: 2014-11-25T00:00:00 type: End of procedure in Parliament body: EP
    links
    other
      procedure/legal_basis/0
      Rules of Procedure EP 114-p6
      procedure/legal_basis/0
      Rules of Procedure of the European Parliament EP 108-p6
      procedure/subject
      Old
      • 1.20.09 Protection of privacy and data protection
      • 3.20.15.02 Air transport agreements and cooperation
      • 8.30 Treaties in general
      New
      1.20.09
      Protection of privacy and data protection
      3.20.15.02
      Air transport agreements and cooperation
      8.30
      Treaties in general
      procedure/subtype
      Old
      Resolution on statements
      New
      Resolution on statement
      procedure/title
      Old
      Resolution on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data
      New
      Resolution on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of passenger name record (PNR) data
      activities/0/docs/0
      url
      http://www.europarl.europa.eu/oeil/popups/sda.do?id=24953&l=en
      type
      Results of vote in Parliament
      title
      Results of vote in Parliament
      activities/0/type
      Old
      Decision by Parliament, 1st reading/single reading
      New
      Results of vote in Parliament
      activities/0/docs/0/text
      • The European Parliament adopted by 383 votes to 271, with 47 abstentions, a resolution tabled by the ALDE Group on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (PNR).

        The European Union concluded an agreement with Canada in 2005 on the processing of Passenger Name Record (PNR) data on the basis of a set of commitments by the Canada Border Services Agency (CBSA) in relation to the application of its PNR programme. With the expiry of the relevant Commission decision on 22 September 2009, the European legal basis for the transmission of PNR data to the CBSA ceased to exist.

        On 2 December 2010 the Council adopted a decision, together with a negotiating directive, authorising the Commission to open negotiations on behalf of the EU for an agreement with Canada on the transfer and processing of Passenger Name Record data.

        Parliament decided to seek an opinion from the Court of Justice on the compatibility of the agreement with the Treaties. It took the view that there is legal uncertainty as to whether the draft agreement is compatible with the provisions of the Treaties (Article 16 TFEU) and the Charter of Fundamental Rights of the European Union (Articles 7, 8 and 52(1)) as regards the right of individuals to protection of personal data.

        Moreover, Parliament also questioned the choice of legal basis, i.e. Articles 82(1)(d) and 87(2)(a) TFEU (police and judicial cooperation) rather than Article 16 TFEU (data protection).

        It is recalled that following the entry into force of the Lisbon Treaty on 1 December 2009, the conclusion of new PNR agreements requires the consent of the European Parliament before they can be adopted by the Council.

      activities/0/docs
      • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2014-0058 type: Decision by Parliament, 1st reading/single reading title: T8-0058/2014
      activities/0/type
      Old
      Vote scheduled
      New
      Decision by Parliament, 1st reading/single reading
      procedure/stage_reached
      Old
      Awaiting Parliament 1st reading / single reading / budget 1st stage
      New
      Procedure completed
      procedure/title
      Old
      Opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between the European Union and Canada on the transfer and processing of Passenger Name Record (PNR) data by air carriers to the Canadian Border Services Agency
      New
      Resolution on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data
      activities/0/type
      Old
      Vote in plenary scheduled
      New
      Vote scheduled
      activities
      • date: 2014-11-25T00:00:00 body: EP type: Vote in plenary scheduled
      committees
        links
        other
          procedure
          legal_basis
          Rules of Procedure of the European Parliament EP 108-p6
          reference
          2014/2966(RSP)
          title
          Opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between the European Union and Canada on the transfer and processing of Passenger Name Record (PNR) data by air carriers to the Canadian Border Services Agency
          geographical_area
          Canada
          stage_reached
          Awaiting Parliament 1st reading / single reading / budget 1st stage
          subtype
          Resolution on statements
          type
          RSP - Resolutions on topical subjects
          subject