BETA

Awaiting Parliament 1st reading / single reading / budget 1st stage



2016/0126(NLE) EU/USA Agreement: protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses
RoleCommitteeRapporteurShadows
Opinion AFET
Opinion JURI DZHAMBAZKI Angel (ECR)
Lead LIBE ALBRECHT Jan Philipp (Verts/ALE) VOSS Axel (EPP), LAURISTIN Marju (S&D), STEVENS Helga (ECR), IN 'T VELD Sophia (ALDE), ERNST Cornelia (GUE/NGL), WINBERG Kristina (EFD)
Lead committee dossier: LIBE/8/06417
Legal Basis TFEU 016-p2, TFEU 218-p6a

Activites

  • 2016/12/01 Vote in plenary scheduled
  • 2016/11/30 Debate in plenary scheduled
  • 2016/11/28 Committee report tabled for plenary, 1st reading/single reading
  • 2016/11/24 Vote in committee, 1st reading/single reading
  • 2016/09/12 Committee referral announced in Parliament, 1st reading/single reading
  • 2016/07/12 Legislative proposal published
    • 08523/2016 summary
    • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, JOUROVÁ Věra
  • #3465
  • 2016/05/20 Council Meeting
  • 2016/05/20 Act adopted by Council after consultation of Parliament
  • 2016/04/29 Initial legislative proposal published
    • COM(2016)0237 summary
    • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, JOUROVÁ Věra

Documents

  • Initial legislative proposal published: COM(2016)0237
  • Legislative proposal published: 08523/2016
  • Committee report tabled for plenary, 1st reading/single reading: A8-0354/2016
AmendmentsDossier
2 2016/0126(NLE)
2016/11/16 LIBE 2 amendments...
source: 594.012

History

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

activities/7/type
Old
Debate in plenary scheduled
New
Debate in Parliament
procedure/summary
  • See also
activities/6
date
2016-11-28T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0354&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0354/2016
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EP
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Committee report tabled for plenary, 1st reading/single reading
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Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/5
date
2016-11-24T00:00:00
body
EP
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Vote in committee, 1st reading/single reading
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activities/6/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Debate in plenary scheduled
activities/7
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2016-12-01T00:00:00
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EP
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Vote in plenary scheduled
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
activities/4
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2016-09-12T00:00:00
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Committee referral announced in Parliament, 1st reading/single reading
committees
activities/5/committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee: JURI date: 2016-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
activities/5/date
Old
2016-09-12T00:00:00
New
2016-11-30T00:00:00
activities/5/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Indicative plenary sitting date, 1st reading/single reading
committees/2/date
2016-09-12T00:00:00
committees/2/rapporteur
  • group: Verts/ALE name: ALBRECHT Jan Philipp
committees/2/shadows
  • group: EPP name: VOSS Axel
  • group: S&D name: LAURISTIN Marju
  • group: ECR name: STEVENS Helga
  • group: ALDE name: IN 'T VELD Sophia
  • group: GUE/NGL name: ERNST Cornelia
  • group: EFD name: WINBERG Kristina
activities/4
date
2016-09-12T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
LIBE/8/06417
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities/3/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses was signed on 2 June 2016, subject to its conclusion at a later date.

    The Agreement should now be approved on behalf of the Union.

    The Union has competence covering all the provisions of the Agreement.

    In particular, the Union adopted Directive (EU) 2016/680 of the European Parliament and of the Council1 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data. This Directive provides transfers by Member States subject to appropriate safeguards.

    CONTENT: the draft Council Decision seeks to approve, on behalf of the European Union, the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    The Agreement aims at establishing a comprehensive framework of data protection principles and safeguards when personal information is transferred for criminal law enforcement purposes between the United States, on the one hand, and the European Union or its Member States on the other. Its objective is to ensure a high level of data protection and, thereby, enhance cooperation between the parties.

    Whilst not being itself the legal basis for any transfer of personal information to the United States, the Agreement supplements, where necessary, data protection safeguards in existing and future data transfer agreements or national provisions authorising such transfers.

    The United Kingdom and Ireland are not bound by the rules laid down in the Agreement which relate to the processing of personal data by the Member States when carrying out activities which fall within the scope of Chapter 4 or 5 of Title V of Part Three of the TFEU where the United Kingdom and Ireland are not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down in the Agreement.

    Denmark is not bound by the rules laid down in the Agreement or subject to their application which relate to the processing of personal data by the Member States when carrying out activities which fall within the scope of Chapter 4 or 5 of Title V of Part Three of the TFEU.

activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, an Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: in 2006, a High Level Contact Group ("HLCG"), composed of senior officials from the Commission, the Council Presidency and the U.S. Departments of Justice, Homeland Security and State, was established to explore ways that would enable the EU and the U.S. to work more efficiently together in the exchange of law enforcement information while ensuring that the protection of personal data and privacy are guaranteed. The conclusion reached in the HLCG final report of October 20091 was that an international agreement binding both the EU and the U.S. to apply agreed common data protection principles for transatlantic data transfers in the law enforcement area was the best option.

    On 3 December 2010, the Council adopted a decision authorising the Commission to open negotiations on such an agreement between the European Union and the United States of America. On 28 March 2011, the Commission opened negotiations. On 8 September 2015, the Parties initialled the text.

    The Agreement should now be concluded on behalf of the European Union.

    CONTENT: the Commission proposes that the Council adopt a decision approving, on behalf of the EU, the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    The Agreement aims to establish a comprehensive framework of data protection principles and safeguards when personal information is transferred for criminal law enforcement purposes between the U.S., on the one hand, and the EU or its Member States on the other. The objective is to ensure a high level of personal data protection when transferred between the U.S., on the one hand, and the EU or its Member States on the other, for law enforcement purposes and, thereby, enhance cooperation between the parties.

    Whilst not being itself the legal basis for any transfer of personal information to the U.S., the Agreement supplements, where necessary, data protection safeguards in existing and future data transfer agreements or national provisions authorising such transfers.

    1) Scope and general objectives: the Agreement aims to establish for the first time, a data protection instrument that covers in a comprehensive and consistent manner all data transfers in a given area (i.e. transatlantic data exchanges in the field of police cooperation and judicial cooperation in criminal matters).

    Furthermore, the Agreement will substantiate in the transatlantic context the general requirements on international data transfers laid down in the future directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data adopted on 14 April 2016.

    2) Data protection principles and safeguards: the Agreement covers important principles governing personal data processing as well as key safeguards and limitations:

    Purpose and use limitations: processing (which includes transfers) can take place only for explicit and legitimate purposes within the scope of the Umbrella Agreement, i.e. the prevention, investigation, detection or prosecution of criminal offences.

    The Agreement ensures the application of the safeguards to the entire "life cycle" of a given data set from the original transfer from the EU to its processing by a U.S. competent authority and vice-versa, as well as its possible further processing by another U.S. authority or, in the case of a data transfer from the U.S. to a competent authority of the EU or (one of) its Member States, its possible further sharing with/processing by another EU or Member State authority.

    Onward transfer: if a U.S. authority intends to further transfer data it has received from the EU or one of its Member States to a third country/international organisation not bound by the agreement, it will first have to obtain consent from the law enforcement authority in the EU which has originally transferred the data to the United States. This rule equally applies where an authority of the EU or one of its Member States intends to further transfer data it has received from the U.S. to a third country/international organisation.

    The provisions expressly take into account the special sensitivity of the transfer in bulk of data of unsuspected persons (e.g. PNR data of every passenger taking a flight, independently of any specific suspicion). The Agreement requires that any further transfer of personal information other than in relation to specific cases, may only take place under specific conditions that provide due justification for the onward transfer.

    In addition, the Parties to the Agreement must take measures to ensure:

    • data quality and integrity of information ;
    • information security and notification of an information security incident ;
    • effective methods (such as logs) for demonstrating the lawfulness of processing and use of personal information;
    • specific retention periods in order to ensure that data will not be retained for longer than necessary and appropriate.  The retention periods will be subject to periodic reviews and will have to be published or otherwise made publicly available.

    Special categories of data: the processing of personal data revealing racial or ethnic origin, political opinions or religious or other beliefs, trade-union membership or personal information concerning health or sexual life, may only take place when appropriate safeguards are in place in accordance with law (e.g. masking the information after effecting the purpose for which the data was processed or requiring supervisory approval to access the information).

    3) Individual rights: data subjects will be able, for the first time, to avail themselves of rights of general application for any transatlantic transfer of personal data in the criminal law enforcement sector, these being:

    • the right to access data and the right to rectification of data which concern them ;
    • the right to administrative redress if an individual disagrees with the outcome of his or her request for access/rectification of personal data;
    • the right to seek judicial redress for the i) denial of access, ii) denial of rectification or iii) unlawful disclosure by the authorities of the other Party

    4) Aspects relating to the application of the Agreement and oversight: measures must be put in pace in order to:

    • promote accountability of the authorities processing personal data covered by the Agreement;
    • establish one or more public authorities exercising independent oversight functions and powers, including review, investigation and intervention;
    • ensure cooperation between oversight authorities; national contact points shall be established to assist with the identification of the oversight authority to be addressed in a particular case;
    • conduct periodic joint reviews of the implementation and effectiveness of the Agreement.

    The Agreement will be of unlimited duration (which is justified by the nature of the Agreement as a framework providing for protections and safeguards, as well as in the light of the possibility of suspending and terminating the Agreement).

activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, an Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: in 2006, a High Level Contact Group ("HLCG"), composed of senior officials from the Commission, the Council Presidency and the U.S. Departments of Justice, Homeland Security and State, was established to explore ways that would enable the EU and the U.S. to work more efficiently together in the exchange of law enforcement information while ensuring that the protection of personal data and privacy are guaranteed. The conclusion reached in the HLCG final report of October 20091 was that an international agreement binding both the EU and the U.S. to apply agreed common data protection principles for transatlantic data transfers in the law enforcement area was the best option.

    On 3 December 2010, the Council adopted a decision authorising the Commission to open negotiations on such an agreement between the European Union and the United States of America. On 28 March 2011, the Commission opened negotiations. On 8 September 2015, the Parties initialled the text.

    The Agreement should now be concluded on behalf of the European Union.

    CONTENT: the Commission proposes that the Council adopt a decision approving, on behalf of the EU, the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    The Agreement aims to establish a comprehensive framework of data protection principles and safeguards when personal information is transferred for criminal law enforcement purposes between the U.S., on the one hand, and the EU or its Member States on the other. The objective is to ensure a high level of personal data protection when transferred between the U.S., on the one hand, and the EU or its Member States on the other, for law enforcement purposes and, thereby, enhance cooperation between the parties.

    Whilst not being itself the legal basis for any transfer of personal information to the U.S., the Agreement supplements, where necessary, data protection safeguards in existing and future data transfer agreements or national provisions authorising such transfers.

    1) Scope and general objectives: the Agreement aims to establish for the first time, a data protection instrument that covers in a comprehensive and consistent manner all data transfers in a given area (i.e. transatlantic data exchanges in the field of police cooperation and judicial cooperation in criminal matters).

    Furthermore, the Agreement will substantiate in the transatlantic context the general requirements on international data transfers laid down in the future directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data adopted on 14 April 2016.

    2) Data protection principles and safeguards: the Agreement covers important principles governing personal data processing as well as key safeguards and limitations:

    Purpose and use limitations: processing (which includes transfers) can take place only for explicit and legitimate purposes within the scope of the Umbrella Agreement, i.e. the prevention, investigation, detection or prosecution of criminal offences.

    The Agreement ensures the application of the safeguards to the entire "life cycle" of a given data set from the original transfer from the EU to its processing by a U.S. competent authority and vice-versa, as well as its possible further processing by another U.S. authority or, in the case of a data transfer from the U.S. to a competent authority of the EU or (one of) its Member States, its possible further sharing with/processing by another EU or Member State authority.

    Onward transfer: if a U.S. authority intends to further transfer data it has received from the EU or one of its Member States to a third country/international organisation not bound by the agreement, it will first have to obtain consent from the law enforcement authority in the EU which has originally transferred the data to the United States. This rule equally applies where an authority of the EU or one of its Member States intends to further transfer data it has received from the U.S. to a third country/international organisation.

    The provisions expressly take into account the special sensitivity of the transfer in bulk of data of unsuspected persons (e.g. PNR data of every passenger taking a flight, independently of any specific suspicion). The Agreement requires that any further transfer of personal information other than in relation to specific cases, may only take place under specific conditions that provide due justification for the onward transfer.

    In addition, the Parties to the Agreement must take measures to ensure:

    • data quality and integrity of information ;
    • information security and notification of an information security incident ;
    • effective methods (such as logs) for demonstrating the lawfulness of processing and use of personal information;
    • specific retention periods in order to ensure that data will not be retained for longer than necessary and appropriate.  The retention periods will be subject to periodic reviews and will have to be published or otherwise made publicly available.

    Special categories of data: the processing of personal data revealing racial or ethnic origin, political opinions or religious or other beliefs, trade-union membership or personal information concerning health or sexual life, may only take place when appropriate safeguards are in place in accordance with law (e.g. masking the information after effecting the purpose for which the data was processed or requiring supervisory approval to access the information).

    3) Individual rights: data subjects will be able, for the first time, to avail themselves of rights of general application for any transatlantic transfer of personal data in the criminal law enforcement sector, these being:

    • the right to access data and the right to rectification of data which concern them ;
    • the right to administrative redress if an individual disagrees with the outcome of his or her request for access/rectification of personal data;
    • the right to seek judicial redress for the i) denial of access, ii) denial of rectification or iii) unlawful disclosure by the authorities of the other Party

    4) Aspects relating to the application of the Agreement and oversight: measures must be put in pace in order to:

    • promote accountability of the authorities processing personal data covered by the Agreement;
    • establish one or more public authorities exercising independent oversight functions and powers, including review, investigation and intervention;
    • ensure cooperation between oversight authorities; national contact points shall be established to assist with the identification of the oversight authority to be addressed in a particular case;
    • conduct periodic joint reviews of the implementation and effectiveness of the Agreement.

    The Agreement will be of unlimited duration (which is justified by the nature of the Agreement as a framework providing for protections and safeguards, as well as in the light of the possibility of suspending and terminating the Agreement).

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Legislative proposal published
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  • group: ECR name: DZHAMBAZKI Angel
activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, an Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: in 2006, a High Level Contact Group ("HLCG"), composed of senior officials from the Commission, the Council Presidency and the U.S. Departments of Justice, Homeland Security and State, was established to explore ways that would enable the EU and the U.S. to work more efficiently together in the exchange of law enforcement information while ensuring that the protection of personal data and privacy are guaranteed. The conclusion reached in the HLCG final report of October 20091 was that an international agreement binding both the EU and the U.S. to apply agreed common data protection principles for transatlantic data transfers in the law enforcement area was the best option.

    On 3 December 2010, the Council adopted a decision authorising the Commission to open negotiations on such an agreement between the European Union and the United States of America. On 28 March 2011, the Commission opened negotiations. On 8 September 2015, the Parties initialled the text.

    The Agreement should now be concluded on behalf of the European Union.

    CONTENT: the Commission proposes that the Council adopt a decision approving, on behalf of the EU, the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

    The Agreement aims to establish a comprehensive framework of data protection principles and safeguards when personal information is transferred for criminal law enforcement purposes between the U.S., on the one hand, and the EU or its Member States on the other. The objective is to ensure a high level of personal data protection when transferred between the U.S., on the one hand, and the EU or its Member States on the other, for law enforcement purposes and, thereby, enhance cooperation between the parties.

    Whilst not being itself the legal basis for any transfer of personal information to the U.S., the Agreement supplements, where necessary, data protection safeguards in existing and future data transfer agreements or national provisions authorising such transfers.

    1) Scope and general objectives: the Agreement aims to establish for the first time, a data protection instrument that covers in a comprehensive and consistent manner all data transfers in a given area (i.e. transatlantic data exchanges in the field of police cooperation and judicial cooperation in criminal matters).

    Furthermore, the Agreement will substantiate in the transatlantic context the general requirements on international data transfers laid down in the future directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data adopted on 14 April 2016.

    2) Data protection principles and safeguards: the Agreement covers important principles governing personal data processing as well as key safeguards and limitations:

    Purpose and use limitations: processing (which includes transfers) can take place only for explicit and legitimate purposes within the scope of the Umbrella Agreement, i.e. the prevention, investigation, detection or prosecution of criminal offences.

    The Agreement ensures the application of the safeguards to the entire "life cycle" of a given data set from the original transfer from the EU to its processing by a U.S. competent authority and vice-versa, as well as its possible further processing by another U.S. authority or, in the case of a data transfer from the U.S. to a competent authority of the EU or (one of) its Member States, its possible further sharing with/processing by another EU or Member State authority.

    Onward transfer: if a U.S. authority intends to further transfer data it has received from the EU or one of its Member States to a third country/international organisation not bound by the agreement, it will first have to obtain consent from the law enforcement authority in the EU which has originally transferred the data to the United States. This rule equally applies where an authority of the EU or one of its Member States intends to further transfer data it has received from the U.S. to a third country/international organisation.

    The provisions expressly take into account the special sensitivity of the transfer in bulk of data of unsuspected persons (e.g. PNR data of every passenger taking a flight, independently of any specific suspicion). The Agreement requires that any further transfer of personal information other than in relation to specific cases, may only take place under specific conditions that provide due justification for the onward transfer.

    In addition, the Parties to the Agreement must take measures to ensure:

    • data quality and integrity of information ;
    • information security and notification of an information security incident ;
    • effective methods (such as logs) for demonstrating the lawfulness of processing and use of personal information;
    • specific retention periods in order to ensure that data will not be retained for longer than necessary and appropriate.  The retention periods will be subject to periodic reviews and will have to be published or otherwise made publicly available.

    Special categories of data: the processing of personal data revealing racial or ethnic origin, political opinions or religious or other beliefs, trade-union membership or personal information concerning health or sexual life, may only take place when appropriate safeguards are in place in accordance with law (e.g. masking the information after effecting the purpose for which the data was processed or requiring supervisory approval to access the information).

    3) Individual rights: data subjects will be able, for the first time, to avail themselves of rights of general application for any transatlantic transfer of personal data in the criminal law enforcement sector, these being:

    • the right to access data and the right to rectification of data which concern them ;
    • the right to administrative redress if an individual disagrees with the outcome of his or her request for access/rectification of personal data;
    • the right to seek judicial redress for the i) denial of access, ii) denial of rectification or iii) unlawful disclosure by the authorities of the other Party

    4) Aspects relating to the application of the Agreement and oversight: measures must be put in pace in order to:

    • promote accountability of the authorities processing personal data covered by the Agreement;
    • establish one or more public authorities exercising independent oversight functions and powers, including review, investigation and intervention;
    • ensure cooperation between oversight authorities; national contact points shall be established to assist with the identification of the oversight authority to be addressed in a particular case;
    • conduct periodic joint reviews of the implementation and effectiveness of the Agreement.

    The Agreement will be of unlimited duration (which is justified by the nature of the Agreement as a framework providing for protections and safeguards, as well as in the light of the possibility of suspending and terminating the Agreement).

activities/1
date
2016-05-20T00:00:00
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CSL
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Council Meeting
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Justice and Home Affairs (JHA)
meeting_id
3465
activities/2
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2016-05-20T00:00:00
body
EP/CSL
type
Act adopted by Council after consultation of Parliament
activities
  • date: 2016-04-29T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0237/COM_COM(2016)0237_EN.pdf title: COM(2016)0237 type: Legislative proposal published celexid: CELEX:52016PC0237:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: JOUROVÁ Věra
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: JOUROVÁ Věra
procedure
legal_basis
reference
2016/0126(NLE)
title
EU/USA Agreement: protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses
geographical_area
United States
stage_reached
Preparatory phase in Parliament
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
subject