Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-09-16-Speech-3-053"
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"en.20090916.5.3-053"2
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"Mr President, SWIFT has clearly become a testing ground for getting the balance right between our cooperation with the United States, fighting terrorism and protecting our fundamental rights.
When, in our resolutions of 2006 and 2007, Parliament asked for the mirroring site of SWIFT to be moved from US to EU soil, it was obviously because we thought that the protection offered by the US framework to EU citizens was not in line with EU standards and would have to be improved. So it is a positive development, and our group welcomes the fact that SWIFT’s two new servers will now be moved to Europe and that a new legal framework will be set up in order for the US TFTP to continue using and processing data in cooperation with our law enforcement authorities.
My group can also see that the recommendation adopted by the Council tries to address some of Parliament’s and the European Data Protection Supervisor’s concerns. But there are some key questions left open. If US legal standards continue to apply on EU soil for the processing of EU data, how can we guarantee respect for EU standards regarding procedural rights and the protection of personal data? To which judge can an EU citizen or an EU enterprise go in the case of criminal prosecution?
Of course, one of the most important issues is the timing of the agreement and the interim nature of the agreement, as the Council and Commission have set out. The choice of a third-pillar legal base, coupled with its interim character, leaves Parliament – and, therefore, EU citizens – completely out of the legislative process. The Socialist and Democrat Group is clear that this interim agreement should apply only for 12 months and that a new agreement should be negotiated with Parliament as co-legislator so that we in this House can ensure that delicate balance of protecting the fundamental rights of European citizens in the important and critical fight against terrorism."@en1
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