Toespraak van de Duitse minister voor Europese Zaken over de uitwisseling van van passagiersgegevens (en)

The transfer of airline passenger data is an issue the European Union has revisited on many occasions. Following the terror attacks of 11 September 2001 the United States, as you know, introduced regulations requiring air carriers operating flights into and from the United States to allow US authorities electronic access to their passenger name records (PNR) data. In case of non-compliance the United States threatened to rescind their landing rights.

Let me remind you briefly of the overall context. In response to an action brought by the European Parliament, the Court of Justice of the European Communities in May 2006 ruled that the agreement between the European Community and the United States on the transfer of PNR data to US authorities as well as the Commission decision on the adequacy of data protection were null and void. In essence the Court based its ruling on the Community's lack of competence (first pillar) to conclude such an agreement; it took no position on the substantive issue of whether the envisaged level of data protection was adequate.

As you know, the negotiations with the United States on a new agreement were very difficult, but they eventually culminated in an interim agreement that is valid until 31 July 2007 and which is this time built around the third pillar. It is based, too, on the American undertakings on data protection that underpinned also the previous agreement between the European Community and the United States.

In early January 2007 the Commission submitted to the Council a recommendation that it should approve the opening of negotiations with the United States on a new agreement on the transfer of passenger data to replace the current interim one. The negotiating mandate - for the Council Presidency with the support of the European Commission - will be discussed at today's (31 January 2007) PRC meeting. Presumably in February 2007 the Council will adopt a decision to this effect and lay down negotiating guidelines.

The negotiations on a new PNR agreement are likely to be extremely difficult. The United States shows absolutely no interest in enhancing data protection. There is in fact a high likelihood that it will be unwilling to renew its data protection undertakings. The European Union sees the conclusion of an agreement as essential to ensure the required level of data protection. For without an agreement air carriers would come under great pressure to continue transferring passenger data even so, for fear of losing their landing rights in the United States.

The German Presidency - with the support of the Commission - will spare no effort to achieve a solution that provides legal certainty and appropriate data protection, that fully addresses the concerns of passengers and air carriers and continues to ensure a high degree of security. This will also take into account the views of the European Parliament as expressed in its September PNR Resolution on data protection, combating terrorism and the protection of human rights.