Brussels, 25/11/2014 (Agence Europe) - MEP Sophie in 't Veld (ALDE, Netherlands) was backed by the Greens/EFA and GUE/NGL Groups and by MEPs from the S&D Group in her call for the agreement on the transfer of European air passengers' data to Canada (PNR agreement) to be referred to the Court of Justice of the EU.
The European parliament voted by 383 votes to 271, with 47 abstentions, to seek the opinion of the Court on the agreement's legality and compliance with European law before putting it to the vote. The agreement was signed by the EU and Canada in June. A similar call was made with regard to the agreement signed with Australia but it was unsuccessful. In 2006, the Parliament succeeded in having the PNR agreement with the United States annulled by the Court. It later approved a second version in 2012.
MEPs voted on Tuesday to seek the view of the Court to provide “a benchmark for future agreements with other countries which involve the mass collection of European citizens' personal data”, said In 't Veld, and ALDE is looking for greater clarity on the key legal guarantees in relation to the mass transfer and storage of data. The agreement concluded with Canada by the Commission in June seems to provide greater protection on the length of time data can be stored than the one negotiated with Washington (up to five years in the Canadian agreement compared with fifteen years for the US) but MEPs have doubts over: 1) the legal basis of the agreement and whether, indeed, it is necessary as the Commission “has not demonstrated the necessity of the mass collection and storage of data”; 2) proportionality (“The retention period of five years appears to be random and not based on specific evidence”); 3) purpose limitation (“The possibility of PNR data being processed in order to comply with a subpoena, warrant or order, even in limited to those issues or made by court, potentially enlarges the purpose for which PNR data can be processed”).
The MEPs' decision was also motivated by the ruling delivered by the Court in April, annulling the data retention directive. According to ALDE, in light of this annulment, “the compliance of this agreement with the principle of proportionality is even more questionable”. The MEPs of the EPP Group tried in vain before the vote on the resolution to postpone the decision. Elmar Brok and Axel Voss (both Germany) urged Parliament to return the issue to the committees, asking them to consider carefully the consequences for both airlines and the safety of Europeans which, they argued, would be compromised. The Court opinion will take up to 30 months, Brok said. The ECR Group also opposed the vote, suggesting that it could take years before the opinion is delivered putting at risk the safety of European citizens against the terrorist threat, said Timothy Kirkhope, rapporteur on the European PNR. (SP)