Joint answer given by Ms Malmström on behalf of the Commission
Written questions : E-002762/11 , E-002783/11

12.5.2011

The Commission would refer the Honourable Members to the report on the outcome of the first joint review of the implementation of the Agreement, which was sent to the European Parliament and to the Council and presented to the Civil Liberties, Justice and Home Affairs (LIBE) Committee on 17 March 2011.

Europol bases its judgment of the requests by the US authorities for the provision of data under the EU‑US TFTP Agreement on the information supplied with the requests, on any additional information it seeks from the US, on the expertise and experience of its personnel, and, finally, also on oral briefings which are provided on a regular basis by the US authorities. The review report clearly states that Europol has fulfilled all its tasks under the Agreement in a satisfactory manner. The review report also clarifies that all data protection elements have been implemented appropriately.

Nevertheless, the review report contains a number of clear recommendations to improve the way Europol fulfils its role, including that it is recommended that as much (classified) information as possible substantiating the request is provided in a written format. This recommendation addresses the key concern expressed by the Joint Supervisory Body.

The EU‑US Agreement was entered into for a period of five years, and is not considered to be an ‘Interim Agreement’.

OJ C 309 E, 21/10/2011