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 processing of Advance Passenger Information (API)/Passenger Name Record (PNR) data (COM(2005)0200 - C6-0184/2005 - 2005/0095(CNS))
Date: 2005-07-07
Institutions: European Parliament, Provisional data
Subjects: Canada, air safety, air transport, data protection, disclosure of information, fight against crime, protection of privacy, ratification of an agreement

C 157 E/464

Thursday 7 July 2005

P6_TA(2005)0293

Official Journal of the European Union

EN

6.7.2006

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 Confederation
concerning 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 COMMISSION

AMENDMENTS
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,

Having regard the opinion of the European Parliament,

Having regard to the assent of the European Parliament,

(1) The matter was then referred back to committee pursuant to Rule 53(2) (A6-0201/2005).

Amendment 4
Citation 3

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, and
to the Commitments by the Canada Border Service Agency, annexed to that Commission Decision,

(1) Not yet published in OJ.

6.7.2006

EN

Official Journal of the European Union

C 157 E/465

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 substantive
point of view, the negotiations with the Canadian authorities strike an acceptable balance between the
need 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 agreement
itself,

— 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 gives
its assent to international agreements; pending the judgment of the Court, it would have been more
appropriate 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;

Instructs its President to call on the Council not to conclude the agreement until the Court of Justice

2.
has delivered its judgment in Case C-317/04;

Instructs its President to forward its position to the Council and Commission, and the governments

3.
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 in
the 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.