Today, according to an EU release, the European Commission adopted two initiatives to put a legally sound framework in place for the transfer of PNR data to the United States. One initiative would terminate the existing agreement while the other would authorize opening talks with the United States. These initiatives are the first European answers to correct the legal basis for the agreement with the U.S. that was struck down by the European Court of Justice on 30 May 2006. The Court ruled that the Article 95 EC-Treaty was not an appropriate legal basis for the transfer of PNR data which are essentially aiming to ensure public security and activities by public authorities in areas of criminal law.
As the agreement with the United States remains in force under international law for a period of 90 days after it is denounced by either party, the Commission recommends to the Council to terminate the agreement with the U.S. before the end of this month.
At the same time the Commission asks the Council for authorization to open negotiations for an agreement with the United States on the use of PNR data to prevent and combat terrorism and transnational crime, including organized crime.
With the adoption of these initiatives only two weeks after the Court ruling, the Commission underlines its willingness to fully respect the Court's judgment and its commitment to continue the fight against terrorism while respecting fundamental rights and freedoms.
The Commission is in favor of an approach whereby the current agreement is replaced by a new one having a correct legal basis in compliance with the ruling of the Court, said the release. The content of the current agreement has not been criticized by the Court and should therefore continue to offer the same level of safeguards regarding the legal certainty for air carriers, the respect of human rights and the purposes for which PNR data may be used. To protect public security and the economic interests of European air carriers this new agreement should replace the current agreement when it will be terminated, i.e. 30 September 2006.
