Texts adopted - EC-Canada Agreement on passenger data *

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Procedure : 2005/0095(CNS)

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Document selected : A6-0226/2005
Texts tabled : A6-0226/2005		Debates :		Votes : PV 07/07/2005 - 9.4		Texts adopted : P6_TA(2005)0294

Texts adopted

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Thursday, 7 July 2005 - Strasbourg

EC-Canada Agreement on passenger data *

P6_TA(2005)0294

A6-0226/2005

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of an Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information (API)/Passenger Name Record (PNR) data (COM(2005)0200 – C6-0184/2005 – 2005/0095(CNS))

(Consultation procedure)

The European Parliament,

– having regard to the proposal for a Council decision (COM(2005)0200)(1),

– having regard to the draft Commission Decision on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the Canada Border Services Agency, and to the Commitments by the Canada Border Service Agency, annexed to that Commission Decision,

– having regard to Article 95 in conjunction with the first sentence of the first subparagraph of Article 300(2) of the EC Treaty,

– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0184/2005),

– having regard to the Opinion of the Committee on Legal Affairs on the proposed legal basis,

– having regard to Rules 51, 83(7) and 35 of its Rules of Procedure,

– having regard to the report of the committee on Civil Liberties, Justice and Home Affairs (A6-0226/2005),

A. whereas, from a procedural point of view:

	-	the approach adopted by the Commission and Council gives rise to the same reservations as those expressed by Parliament in the PNR/USA case (Case C-317/04), despite the fact that, from a substantive point of view, the negotiations with the Canadian authorities strike an acceptable balance between the need for freedom and the need for security in a third country,
	-	an international agreement should contain all the essential elements binding the contracting parties and whereas, in this specific case, both the guarantees required by the Commission 'adequacy finding' decision and the corresponding commitments by the Canadian authorities should have formed part of the agreement itself,
	-	the European Parliament has already challenged before the Court of Justice of the European Communities in Case C-317/04 the same 'three tiers' procedure in a similar case because the procedure is not transparent and is not in conformity with the rule of law and the procedure by which Parliament gives its assent to international agreements; pending the judgment of the Court, it would have been more appropriate for the Commission to have submitted its proposal, and the Council to act, in accordance with the procedure normally used for negotiating international agreements to be signed by the Community,

1. Does not approve the conclusion of the agreement;

2. Instructs its President to call on the Council not to conclude the agreement until the Court of Justice has delivered its judgment in Case C-317/04;

3. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and Canada.

(1)	Not yet published in OJ.

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