P6_TA(2005)0293
EU—EC-Switzerland Agreement (Schengen) *
Proposal for a Council decision on the conclusion, on behalf of the European Community, of the
Agreement between the European Union, the European Community and the Swiss Confederationconcerning the latter's association with the implementation, application and development of the
Schengen ‘acquis ’(13054/2004 —COM(2004)0593 —C6-0241/2004 —2004/0199(CNS))
(Consultation procedure)
The proposal was amended as follows (
1):
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 3
Citation 1
Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 62, 63(3), 66 and 95 in con-
junction with the second sentence of the first subparagraph of
Article 300(2) and the first subparagraph of Article 300(3)
thereof,Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 62, 63(3), 66 and 95 in con-
junction with the second sentence of the first subparagraph of
Article 300(2) and the second subparagraph of Article 300(3)
thereof,
Amendment 4
Citation 3
Having regard the opinion of the European Parliament, Having regard totheassent of the European Parliament,
(1) The matter was then referred back to committee pursuant to Rule 53(2) (A6-0201/2005).
P6_TA(2005)0294
EC-Canada Agreement on passenger data *
European Parliament legislative resolution on the proposal for a Council decision on the conclusion
of an Agreement between the European Community and the Government of Canada on the pro-cessing of Advance Passenger Information (API)/Passenger Name Record (PNR) data (COM(2005)
0200 —C6-0184/2005 —2005/0095(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the proposal for a Council decision (COM(2005)0200) (
1),
— having regard to the draft Commission Decision on the adequate protection of personal data contained
in the Passenger Name Record of air passengers transferred to the Canada Border Services Agency, andto the Commitments by the Canada Border Service Agency, annexed to that Commission Decision,
(1) Not yet published in OJ.C 157 E/464 EN 6.7.2006 Official Journal of the European Union
Thursday 7 July 2005
— having regard to Article 95 in conjunction with the first sentence of the first subparagraph of Arti-
cle 300(2) of the EC Treaty,
— having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council
consulted Parliament (C6-0184/2005),
— having regard to the Opinion of the Committee on Legal Affairs on the proposed legal basis,
— having regard to Rules 51, 83(7) and 35 of its Rules of Procedure,
— having regard to the report of the committee on Civil Liberties, Justice and Home Affairs (A6-0226/
2005),
A. whereas, from a procedural point of view:
— the approach adopted by the Commission and Council gives rise to the same reservations as those
expressed by Parliament in the PNR/USA case (Case C-317/04), despite the fact that, from a substantivepoint of view, the negotiations with the Canadian authorities strike an acceptable balance between theneed for freedom and the need for security in a third country,
— an international agreement should contain all the essential elements binding the contracting parties and
whereas, in this specific case, both the guarantees required by the Commission ‘finding ’decision and the
corresponding commitments by the Canadian authorities should have formed part of the agreementitself,
— the European Parliament has already challenged before the Court of Justice of the European Commun-
ities in Case C-317/04 the same ‘three tiers ’procedure in a similar case because the procedure is not
transparent and is not in conformity with the rule of law and the procedure by which Parliament givesits assent to international agreements; pending the judgment of the Court, it would have been moreappropriate for the Commission to have submitted its proposal, and the Council to act, in accordance
with the procedure normally used for negotiating international agreements to be signed by the Com-
munity,
1. Does not approve the conclusion of the agreement;
2. Instructs its President to call on the Council not to conclude the agreement until the Court of Justice
has delivered its judgment in Case C-317/04;
3. Instructs its President to forward its position to the Council and Commission, and the governments
and parliaments of the Member States and Canada.
P6_TA(2005)0295
Political situation and independence of the media in Belarus
European Parliament resolution on the political situation and the independence of the media
in Belarus
The European Parliament ,
— having regard to its previous resolutions on the situation in Belarus,
— having regard, in particular, to its resolution of 10 March 2005 on Belarus (1),
— having regard to the resolutions of the Parliamentary Assembly of the Council of Europe on the situ-
ation in Belarus and, in particular, to its resolution of 28 April 2004 on the persecution of the press inthe Republic of Belarus,
— having regard to the United Nations Commission on Human Rights' resolution of 14 April 2005 on
the situation of human rights in Belarus,
(1) Texts Adopted, P6_TA(2005)0080.6.7.2006 EN C 157 E/465 Official Journal of the European Union
Thursday 7 July 2005