WRITTEN QUESTION P-0602/03 by Joaquim Miranda (GUE/NGL) to the Commission. Information on passengers travelling to the United States.
Date: 2003-02-25
Institutions: European Parliament, Provisional data
Subjects: EU national, EU relations, United States, disclosure of information, personal data, public safety, terrorism

10.7.2003

EN

Official Journal of the European Union

C 161 E/227

The Commission has recently met with the Greek authorities and discussed this and other matters with
them. Commitments to implement the necessary improvements have been received, and the Commission
will continue to monitor the situation very closely.

(1) OJ C 115 E, 16.5.2002.

(2003/C 161 E/237)

WRITTEN QUESTION E-0592/03

by Bernd Lange (PSE) to the Commission

(28 February 2003)

Subject: European Union funding for Niedersachsen 2002

1. What amounts of European Union funding were paid to Niedersachsen in 2002 from:

(cid:1) the European Regional Development Fund (ERDF),

(cid:1) the European Agricultural Guidance and Guarantee Fund (EAGGF) (cid:1) Guidance Section,

(cid:1) the European Agricultural Guidance and Guarantee Fund (EAGGF) (cid:1) Guarantee Section,

(cid:1) the European Social Fund (ESF),

(cid:1) European Community research programmes,

(cid:1) European Community programmes for the environment,

(cid:1) other European Community programmes?

2. Who were the beneficiaries?

3. What amounts were made available by way of co-financing either with the Land of Niedersachsen or
with the Federal Republic of Germany?

Answer given by Mr Prodi on behalf of the Commission

(21 March 2003)

The Commission is collecting the information it needs to answer the question. It will communicate its
findings as soon as possible.

(2003/C 161 E/238)

WRITTEN QUESTION P-0602/03

by Joaquim Miranda (GUE/NGL) to the Commission

Subject: Information on passengers travelling to the United States

(25 February 2003)

It has been reported in the media that an agreement is being drawn up jointly by the Commission and the
US Administration, supposedly as part of the fight against terrorism, under which the European side will
make information available on passengers travelling to the United States.

Given the sensitivity of such a situation, which would call into question the protection of personal data,
can the Commission inform me, as a matter of urgency, of the reasons for and terms of such an
agreement,
its compliance (or non-compliance) with Community legislation on the matter and the
guarantees and checks to which the agreement will be subject?

C 161 E/228

Official Journal of the European Union

EN

10.7.2003

Answer given by Mr Bolkestein on behalf of the Commission

(21 March 2003)

In the aftermath of the terrorist attacks of 11 September 2001, the United States passed a law, the
Aviation and Transportation Security Act of 2001, requiring that air carriers operating flights to, from or
through the United States provide the United States’ Customs with electronic access to the data contained
in their automated reservation and departure control systems, known as Passenger Name Records (PNR).

This requirement conflicts with Community and Member States’ legislation on data protection and also
with certain provisions of the Community Regulation on Computer Reservation Systems (1).

The Commission has taken the issue up with the United States side on several occasions since the
publication of the implementing rules, which, after one postponement, entered into force on 5 February
2003. However, as a result of the démarches by the Commission, the United States’ Customs agreed to
waive the imposition of penalties on non-complying airlines until 5 March 2003. These penalties include
severe fines and even the withdrawal of landing rights.

In order to reconcile United States’ requirements with the requirements of data protection law in the
Union, a meeting took place on 17 and 18 February 2003 between senior officials of the Commission and
the United States’ Customs Service. As a result of
the two sides issued a Joint
Statement (2) which sets out the steps that need to be taken to reach a mutually satisfactory solution that
can provide legal certainty to all concerned. In particular, both sides agreed to work together towards a
bilateral arrangement under which the Commission, in response to information and undertakings provided
by the United States side about the way transferred data would be handled and protected in the United
States, maytake a decision under Article 25.6 of the Data Protection Directive (3), on the adequacy of the
level of protection ensured by the United States. Following the adoption of such decisions, Member States
must take the necessary measures to comply.

those discussions,

The Joint Statement also includes in annex the undertakings of United States Customs with regard to the
manner in which it will handle the personal data that it accesses. These undertakings apply with immediate
effect.

It should be noted that the Commission has not entered into any agreement with the United States.
Community law confers powers on the Commission to make findings of adequate protection in third
countries. The Commission has committed itself to working with the United States’ authorities towards
such a finding, but the decision will of course depend on a close examination of the information and
undertakings to be made by the United States’ side.

(1) Council Regulation (EC) No 323/1999 of 8 February 1999 amending Regulation (EEC) No2299/89 on a code of

conduct for computer reservation systems (CRSs), OJ L 40, 13.2.1999.
(2)
available on the Commission’s website on: http://www.europa.eu.int/comm/external_relations/us/intro/pnr.htm.
(3) Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of individuals with

regard to the processing of personal data and on the free movement of such data, OJ L 281, 23.11.1995.

(2003/C 161 E/239)

WRITTEN QUESTION E-0649/03

by Erik Meijer (GUE/NGL) to the Commission

(5 March 2003)

Subject: Criticism by the Netherlands National Audit Office of the lack of transparency in the management

of EU funds by fund flow and by Member State

1.
Is the Commission aware that the Netherlands National Audit Office published its first annual ‘EU
trends report’ on 18 February 2003, the aim of which is to chart developments in the management of
Community funds and oversight and monitoring of their allocation, as well as legality and effectiveness in
the Netherlands and throughout the European Union?