On the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data

a. Background

This consent procedure concerns the draft Council Decision on the conclusion of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data.

The European Parliament requested the Opinion of the Court of Justice of the EU on the previous PNR Agreement with Canada from 2014 as to its compatibility with the EU Treaties and the Charter of Fundamental Rights of the European Union. The CJEU delivered Opinion 1/15 on 26 July 2017, in which it found that the envisaged PNR Agreement between Canada and the EU could not be concluded in its form because several of its provisions were incompatible with the fundamental rights recognised by the EU. Following the issuance of this Opinion, the EU and Canada renewed negotiations with the purpose of signing a new Agreement compliant with the Court’s requirements.

The negotiations on this version of the Agreement began in 2018 and following the conclusion of the negotiations in 2023, the final draft text was shared with the Council and the European Parliament. On 4 March 2024, the European Commission issued two Proposals for Council Decisions on the signing and on the conclusion, on behalf of the European Union, of an Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data.

The European Data Protection Supervisor (EDPS) was consulted and issued Opinion 15/2024 on 29 April 2024 in which it reached the conclusion that the draft Agreement contains the necessary safeguards required in order for it to be compatible with the Charter of Fundamental Rights, in line with Opinion 1/15 of the CJEU. The Opinion also contained a number of recommendations as to the implementation of this Agreement.

b. Position of the Rapporteur

The Rapporteur considers that the conclusion of an international agreement establishing a clear legal framework for the exchange of PNR data with Canada to be an important step forward in the EU’s efforts in preventing, detecting, investigating and prosecuting serious crime and terrorism.

The Rapporteur would also like to positively acknowledge the important work carried out in the past by the European Parliament, including by its former Rapporteur for this procedure Ms Sophie In ‘t Veld, in ensuring that this Agreement upholds the EU’s standards in its respect for the Treaties, the EU Charter of Fundamental Rights, as well as recent rulings by the European Court of Justice.

According to the latest Europol reporting, a total of 120 terrorist attacks were carried out in EU Member States in 2023 alone, demonstrating the scale of terrorism in the EU today and the need to ensure that the authorities charged with combating this scourge are equipped with all available tools to prevent such attacks from occurring. The collection and analysis of PNR data can provide the authorities with important elements allowing them to detect suspicious travel patterns and identify associates of criminals and terrorists, and support the investigation and prosecution of cases where illegal activities have been committed. The Rapporteur is convinced by the need to enable international police and judicial cooperation and particularly in the case of Canada, a reliable and trusted international partner for the EU.

Acknowledging that the processing of passenger name data does represent an interference with passengers’ privacy and data rights, the Rapporteur considers that this limited and strictly regulated intervention by law enforcement is necessary and proportionate in light of the important role that the international exchange and analysis of PNR data may play in combating serious transnational crime and terrorism.

In light of the positive opinion of the EDPS, and taking into account the judgment of the Court from 2022 validating the Union legal framework on processing of PNR data, the Rapporteur is convinced by the objectives of this Agreement, and the guarantees contained therein. In particular, the Rapporteur is satisfied that the Agreement includes safeguards relating to non-discrimination, data retention and security, oversight, transparency and information to passengers, individual access to and correction of PNR data, and administrative and judicial redress.

The Rapporteur stresses that he expects this Agreement to be applied in strict adherence with these safeguards, the case law of the CJEU and the recommendations issued by the EDPS. The Rapporteur therefore reminds the Commission to pay special attention to these aspects, as well as to the exercise of data subject rights, during the reviews envisaged by the Agreement.

In conclusion, the Rapporteur finds that the conclusion of this Agreement is a positive development in the fight against serious crime and terrorism, whilst maintaining the necessary limits and safeguards to ensure the respect for fundamental rights of passengers.

In light of the above, the Rapporteur recommends that Parliament endorse the draft Council Decision.