Data transfer to the US by Member States on the basis of Memoranda of Understanding

12.10.2010

Question for oral answer O-0149/2010
to the Commission
Rule 115
Sophia in 't Veld, Alexander Alvaro
on behalf of the ALDE Group
Birgit Sippel
on behalf of the S&D Group

In response to the US ‘Implementing Recommendations of the 9/11 Commission Act of 2007’ (http://intelligence.senate.gov/laws/pl11053.pdf), it was decided to start negotiations with the US on the basis of a twin track approach: EU-US negotiations and negotiations on bilateral Memoranda of Understanding (MoUs) between the US and individual Member States. Not all Member States have chosen an open and transparent procedure for the bilateral negotiations, nor have they all submitted the resulting MoU to their respective national parliaments for approval. There are indications that the MoUs may overlap with agreements concluded between the EU and the US, such as the agreement on passenger name record (PNR) data. In view of the current work on the PNR package and possible new negotiations, these matters need to be clarified urgently.

Can the Commission provide clarification on the following points:

–  Which Member States have so far concluded a bilateral MoU?

–  Which of these MoUs include the transfer of PNR data?

–  How do these bilateral agreements on PNR relate to the EU-US agreement?

–  Can the Commission confirm that this concerns the transfer of PNR data on European flights and passengers to destinations other than the US?

–  Can the Commission indicate which categories of data are covered by these MoUs?

–  Has the Commission considered that Member States may be asked to transfer national data that are also part of European databases (such as Prüm)?

–  Does the Commission consider such data transfers to be in line with European data protection rules?

Tabled: 12.10.2010

Forwarded: 14.10.2010

Deadline for reply: 21.10.2010