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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

Legal Basis RoP 108-p6

Activites

  • 2014/11/25 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0058/2014 summary

Documents

History

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

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
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      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
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      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
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      Results of vote in Parliament
      activities/0/type
      Old
      Decision by Parliament, 1st reading/single reading
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      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
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      Vote scheduled
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      Decision by Parliament, 1st reading/single reading
      procedure/stage_reached
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      Awaiting Parliament 1st reading / single reading / budget 1st stage
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      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