Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-09-16-Speech-3-057"
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"en.20090916.5.3-057"2
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"Mr President, thank you for these important points of view. I will try to answer some of the questions in the short time available.
The first question that arises is, of course, how we can guarantee that the US will abide by the agreement. I would like to say that first we have the Bruguière report, which provides a good description of compliance with the terms of what has been agreed to date. Secondly, the draft agreement mentions an appraisal body, which I described to you, and also the Presidency, the Commission and representatives of national data protection authorities, the involvement of which is intended to check that the matter is dealt with correctly. Obviously, it is crucial that the information is reliable. It is also important that everyone realises that when information is transferred in this data programme, it is not the case that people can go in at any time and look at whatever they like. There has to be a suspected terrorist crime or the financing of such in order to gain access to this information. Naturally, this restricts how the information can be used.
As regards the criticism as to why this is being brought up now, during the summer, I would point out that the Presidency has asked more or less the same questions as the Members of the European Parliament are asking. We were tasked with preparing the matter thoroughly and analysing – among other things – this report, which answers some questions, but also with other matters. The reality is that it was not us that decided that SWIFT was to be moved to Europe; this is happening on the basis of other decisions. However, the US is keen to be able to use this tool in its fight against terrorism and we also think the equivalent information would be useful to us. In order for this to happen, we need an agreement. Since the Treaty of Lisbon has not entered into force, we felt it was necessary to provide a temporary solution. That is what we are negotiating and that is what we have been mandated by the Council to do. That is what I have attempted to describe.
Neither is it the case that the Presidency wishes to unnecessarily restrict insight or debate in any respect. Firstly, this is a public debate after all, and secondly, we are, of course, happy to talk about how the discussions are going. However, during negotiations, it is not possible to provide continual access to documents since the very nature of negotiations is that things get changed and then changed again. However, I have tried to describe our starting point and the clear mandate that we have from the Council. In this, we are very determined to combine a high level of effectiveness and practical use with the stringent requirements of legal certainty and respect for civil liberties and human rights. I am entirely convinced that we will achieve this. If – contrary to expectation – we do not, then there will be no agreement."@en1
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