EN Official Journal of the European Union CE 258/132

Thursday 19 April 2012

EU-US agreement on the use and transfer of PNR to the US Department of Homeland Security ***

P7_TA(2012)0134

European Parliament legislative resolution of 19 April 2012 on the draft Council decision on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security (17433/2011 – C7-0511/2011 – 2011/0382(NLE))

2013/C 258 E/24

(Consent)

The European Parliament,

— having regard to the draft Council decision (17433/2011),

— having regard to the draft Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security, annexed to that draft Council decision (17434/2011),

— having regard to the request for consent submitted by the Council in accordance with Article 218(6), second subparagraph, point (a), in conjunction with Article 82(1), second subparagraph, point (d), and Article 87(2), point (a), of the Treaty on the Functioning of the European Union (C7-0511/2011),

— having regard to the Communication from the Commission on the global approach to transfers of Passenger Name Record (PNR) data to third countries (COM(2010)0492),

— having regard to its resolutions of 14 February 2007 on SWIFT, the PNR agreement and the transatlantic dialogue on these issues (1), of 12 July 2007 on the PNR agreement with the United States of America (2), of 5 May 2010 on the launch of negotiations for Passenger Name Record (PNR) agreements with the United States, Australia and Canada (3), and of 11 November 2010 on the global approach to transfers of passenger name record (PNR) data to third countries, and on the recommendations from the Commission to the Council to authorise the opening of negotiations between the European Union and Australia, Canada and the United States (4),

— having regard to the opinions of the European Data Protection Supervisor of 19 October 2010 on the Communication from the Commission on the global approach to transfers of Passenger Name Record (PNR) data to third countries (5) and of 9 December 2011 on the proposal for a Council Decision on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security (6),

— having regard to Opinion 7/2010 of 12 November 2010 on the European Commission's Communication on the global approach to transfers of Passenger Name Record (PNR) data to third countries adopted by the Article 29 Data Protection Working Party, and to its letter of 6 January 2012 on the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security,

— having regard to Article 16 of the Treaty on the Functioning of the European Union and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union,

— having regard to Rules 81 and 90(7) of its Rules of Procedure,

— having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee of Foreign Affairs (A7-0099/2012),

1. Consents to the conclusion of the Agreement;

2. Considers that procedure 2009/0187(NLE) has lapsed as a result of the 2007 PNR Agreement between the European Union and the United States being replaced by the new PNR Agreement;

3. Instructs its President to forward its position to the Council, the Commission, the governments and parliaments of the Member States and the government of the United States of America.

(1) OJ C 287 E, 29.11.2007, p. 349.

(2) OJ C 175 E, 10.7.2008, p. 564.

(3) OJ C 81 E, 15.3.2011, p. 70.

(4) OJ C 74 E, 13.3.2012, p. 8.

(5) OJ C 357, 30.12.2010, p. 7.

(6) OJ C 35, 9.2.2012, p. 16.