Brussels, 04/12/2014 (Agence Europe) - “I am persuaded of the need for a European PNR.” Migration and Home Affairs Minister Dimitris Avramopoulos, whose thoughts were keenly awaited, made clear to MEPs on Wednesday 3 December that he intended to revive the draft directive setting up a European PNR and called on the European Parliament to get back down to work.
The commissioner firstly stated that the opinion of the Court on the EU-Canada PNR project, requested by the Parliament, would have to be received, and he hoped that this opinion would bring the necessary clarity. He did not link the two PNR proposals, however, and opined that the Parliament request would not fundamentally alter things or change the decision being reached on the PNR directive. He seemed more to say that finalisation of the current reform of European data protection rules would be the deciding factor and the protection provisions could be fed into the PNR directive.
The PNR directive was presented by the Commission in 2011 within the framework of measures to counter terrorism and large-scale crime. In 2012, it was adopted by the Council, which added intra-European flights, when the initial proposal covered only flights to and from non-EU countries. The Parliament civil liberties committee, however, voted it down in April 2013, taking the view that it had not been sufficiently well justified and was overly intrusive.
Avramopoulos said that what had to be done was to “improve people's safety. Some of you still have doubts about the necessity of PNR processing. As I told the chairman, I am ready to facilitate a specific briefing by member states' experts who will explain with real-life examples how PNR data has been instrumental in tackling serious crimes and terrorism”, adding: “It would be useful to hold such a presentation as soon as possible”. He proposed, but without setting a definite timetable, to bring changes to the draft directive to make sure it is “fully in line” with European data protection standards.
The commissioner had prepared very well for his meeting with MEPs and he also announced that, within the framework of the directive, the role of an independent data protection officer would be created, to ensure that staff working within the Passenger Information Unit are fully trained in fundamental rights and data protection issues.
He also wants the review period for the directive to be two years, rather than four, as at present. “We should not delay” working on the EU-PNR, the commissioner said, arguing that, with no European rules, “we risk having diverging national PNR systems with different degrees of protection of fundamental rights”. Since 2012, several NGOs, such as Statewatch, have noted that the Commission has financed implementation of PNR programmes in the member states (€50 million made available). Fourteen member states currently have such a system.
The comments by Avramopoulos on the European PNR were well received by the EPP and ECR Groups, but left a number of MEPs sceptical, including Cornelia Ernst (GUE/NGL) who can hardly imagine the Commission awaiting the Court opinion on the agreement with Canada, and Sophie in 't Veld (ALDE). In 't Veld pointed out to the commissioner that the Dutch parliament had voted against setting up a PNR system. “Will the Dutch parliament be forced to accept the PNR directive?” she pondered.
Caution on retention and withdrawal of “smart borders”
While the commissioner was forthcoming on the PNR directive, which home affairs ministers would like to see quickly moving again to address the matter of foreign fighters, in particular, he was much more cautious on the data retention directive (telecoms) which was annulled by the Court in April. On this point, Avramopoulos said that a policy had to be found that “guarantees the full respect of the right to privacy and the protection of personal data, citizens' security and the good functioning of the internal market”. The Court ruling will be “our guide for the way forward”.
Making his first appearance before MEPs since his hearing on 30 September, Avramopoulos repeated his desire to develop legal migration and make directives, such as the blue card directive, work better. He spoke of his desire to work more closely on illegal immigration with countries of departure, such as Ethiopia and Eritrea, and raised again prospects of humanitarian visas. In terms of foreign fighters, work is being done to improve detection and the Commission is working closely with the member states to implement swift and efficient measures concerning the Schengen Information System. Finally, the commissioner provided MEPs with a gift in the form of the withdrawal of the 2013 smart borders package. This package which included texts on an entry-exit system for regular travellers, had been criticised because of its cost. A pilot project will run until 2015 and fresh proposals will be brought forward following this experiment. (SP)