Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-07-09-Speech-1-128"
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"en.20070709.18.1-128"2
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"Mr Vice-President, I honestly wish I could congratulate you today on achieving an agreement with the USA; my political group knows how hard you have worked, especially in the face of the USA's threat that, in the absence of agreement, they would unilaterally impose even worse terms on the airline companies.
This is not an international agreement; at least not as the citizens understand the term. I do hope it will be changed on these crucial points before it is signed.
Unfortunately, what we have in our hands, first of all, is not an agreement with the USA. It is in fact an agreement with the USA and with any other countries to which the USA unilaterally decides to transfer personal data on European passengers.
Secondly, it is an agreement that contains commitments only for Europe and not for the USA.
Thirdly, even where the agreement sets certain limits, these limits are so unclear and so full of legal loopholes that in practice it will allow the USA to do pretty much as it likes.
Let me be more specific: firstly, the agreement and the attached letter from the USA state that America will be able to transfer the information we send it to any third country it likes, with hardly any obligation to even notify us. In other words, in practice, Europe is signing the PNR agreement not only with the USA but with any other countries on earth which the USA decides, countries which cannot today receive data on European citizens directly from Europe, because we have not signed an agreement with them. Did your negotiating mandate from the Council really include the authority to allow the uncontrolled transfer of European data by the USA where Europe cannot do so?
Secondly, while Europe has expressly declared that it is bound by the agreement, the USA has expressly declared that they are not bound by the agreement. They are only bound by the unilateral assurances in their letter and by American laws which, if they change, will automatically bring about changes to the agreement.
Thirdly, as far as passenger information on the use of their data is concerned, there is no provision for an obligation by the governments to ensure they are informed; the airline companies are merely urged to do so. But information for citizens is an express dictat of European laws. Why did you not mention this?
Fourthly, if the USA infringes the agreement, the only solution open to the European Union is to abolish it completely. How will this be done, Commissioner, when even if 26 of the 27 Member States consider that it has been infringed and one considers that it has not, the agreement cannot be abolished at European level?
Fifthly, the legal intended uses of the data cited are uncontrolled. While at the beginning of the letter they are limited to combating terrorism and serious crime, immediately afterwards any use is allowed in any criminal proceedings or however otherwise required under US law, that is, for almost anything."@en1
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