Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-02-15-Speech-3-628-000"
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"en.20120215.28.3-628-000"2
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"Mr President, I agree with the speakers: it is high time that we say to the rest of the world, to our partners, that we are a continent of 500 million citizens who must be respected, and that the laws which we have decided together with this House have to be applied on the territory of the European Union. You might have seen that the Commissioner who is speaking to you has been very explicit on this: saying that the high guarantees which are our values, which are in our European laws, must not be eliminated in relations with third countries.
This is why we already have laws in place, and we are going to improve and strengthen them with the guarantees which the Treaty and the Charter of Fundamental Rights give to our citizens. We will make our European laws – which have to be respected by third countries on our territory – stronger. This is exactly the reason why I have tabled before this House a reform of the 1995 data protection rules and why I have said very clearly – and you can see what is going on in other territories at the moment in the political discussions – that those laws which we make here will become a world standard. That is what we want to achieve in the future.
For the time being, I have been very clear on the fact that the data protection rules of 1995 are missing some elements, such as arrangements concerning infringements, which we have included in our reform. The monitoring of data protection law compliance is also left completely up to national authorities, who are not currently obliged to inform the public or the European Commission. This should be changed, because the set of rules on data protection should, in future, be made on a continent-wide level in order to reinforce application.
Since the entry into force of the Treaty of Lisbon, agreements which we have with third countries – colleagues have been speaking about SWIFT and PNR – have to be agreed on by Parliament. This has dramatically changed the way that third countries approach the European Union. Lessons have been learnt from the way in which questions on SWIFT were dealt with. PNR is under discussion now and you know that the umbrella agreement which I negotiated with the United States will be on the table for this House to accept or to reject.
In the ACTA agreement, which this House also has to decide upon, the Internet freedom provision has been included in the final text of the legislation precisely because of the remarks made by this House, because we do have problems (in answer to the question from the Member asking the fundamental question of tonight’s debate), because there is the problem of the conflict between two jurisdictions. This is a conflict of international law – and such issues of international law must be clarified by the Court in The Hague – but we have tried in our new legislation to clarify all these points.
If you read Recital 90 of the regulation, you will see, and I quote, that: ‘the extra-territorial application of these laws, regulations and other legislative instruments may be in breach of international law and may impede the attainment of the protection of individuals guaranteed in the Union by this regulation’. That is why transfers should only be allowed where the conditions of this regulation for the transfer to third countries are met. That is what we have to work on now, beyond the conflicts which will arise between partners, beyond the international agreements which we have to vote on in this House and beyond the implementation of our European legislation in the framework of international law.
I therefore count on your support in the forthcoming legislative process on the data protection legal framework and on the umbrella framework, in order to clarify these points and in order to make it crystal clear that, on European territory, European law has to be applied."@en1
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