Document stages in plenary
Document selected : O-0100/2008

Texts tabled :

O-0100/2008 (B6-0476/2008)

Debates :

PV 20/10/2008 - 15
CRE 20/10/2008 - 15

Votes :

Texts adopted :

Parliamentary questions
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8 October 2008


pursuant to Rule 108 of the Rules of Procedure

by Sophia in 't Veld, Martine Roure, Philip Bradbourn and Sylvia-Yvonne Kaufmann, on behalf of the Committee on Civil Liberties, Justice and Home Affairs

to the Commission

  Subject: EU PNR

 Answer in plenary 

PNR data are data originally collected for commercial purposes, while now serving an increasing number of security purposes (such as aviation security, immigration control, fiscal fraud, money laundering, preventing terrorism and crimes and prevention of communicable diseases, etc) as introduced since September 2001 by the US, Canada, Australia and more recently by the UK, France and Denmark. Therefore these purposes and the related conditions for data treatment differ from country to country and evolve constantly. Bearing in mind that the EU and its Member States should preserve their tradition of being open countries and ensure freedom of transnational movement of persons as granted by Art. 12.2 of the 1966 International Covenant on Civil and Political Rights, can the Commission:


1. As to effectiveness: provide evidence (and the rate of errors) of the effectiveness of mass collection and use of PNR data of all passengers (particularly automated methods of analysis such as profiling and data mining, running PNR data against risk indicators) in the fight against terrorism, given that to date none of the existing schemes has been adequately evaluated?


2. As to purpose limitation: state in clear and precise terms (Art. 8 of the ECHR) for which purposes PNR data should be collected at EU level; moreover provide evidence on the appropriateness of PNR data for purposes other than to counter-terrorism, such as drug trafficking, immigration or public health issues?


3. As to subsidiarity: demonstrate the need for an EU initiative, and why the collection and use of PNR data cannot be achieved by the Member States? If there is a demonstrable need for EU action, why does the Commission choose to merely create the obligation for Member States to collect and use PNR data, rather than set up a real EU scheme? Does the Commission agree that a patchwork of 27 national regimes has no European added value and creates legal uncertainty for citizens and carriers?


4. As to synergy and overall architecture: explain how the collection and use at EU level of PNR data fit with a coherent strategy and relate to other (envisaged) EU border security measures such as API, Entry-Exit, ESTA, biometrics in passports and visa, SIS, VIS, and national border protection schemes such as UK e-borders/Semaphore?


5. As to legal certainty: explain how PNR data could be used for purposes other than criminal policy (such as aviation security, borders control, Schengen cooperation, illegal migration and health protection) without a Community legal basis (see Art. 47 of the TEU, and the Council Legal Service opinion)?


6. As to democratic control: explain how full parliamentary scrutiny at European and national level will be ensured and explain also how data protection authorities will exert control over the system?



Tabled: 08.10.2008

Forwarded: 10.10.2008

Deadline for reply: 17.10.2008


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