EU/Canada Agreement: transfer and processing of passenger name record (PNR) data

PURPOSE: to conclude an Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: on 2 December 2010, the Council adopted a Decision, together with negotiation directives, authorising the Commission to open negotiations on behalf of the European Union with Canada for the transfer and use of Passenger Name Record (PNR) data to prevent and combat terrorism and other serious transnational crime.

In accordance with a Council Decision, the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data has been signed, subject to its conclusion at a later date.

The Agreement should now be approved.

CONTENT: with this proposed Decision, the Council is invited to approve, subject to Parliament’s consent, the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data is hereby approved on behalf of the Union.

For details of the background and the content of the Agreement, please refer to the summary of the initial legislative proposal from 18/07/2013.

Fundamental rights: the draft Agreement respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, the right to the protection of personal data and the right to effective remedy and fair trial. The Agreement should be applied in accordance with those rights and principles.

Territorial provisions: in accordance with Protocol No 21 on the Position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption of this Decision. On the other hand, Denmark is not taking part in the adoption of this Decision and is not bound by the Agreement or subject to its application.