CELEX: C2004/118/01
Language: en
Date: 2004-04-30 00:00:00
Title: Request for an Opinion submitted by the European Parliament under Article 300(6) of the EC Treaty (Opinion 1/04)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/1
            
         Request for an Opinion submitted by the European Parliament under Article 300(6) of the EC Treaty
   (Opinion 1/04)
   (2004/C 118/01)
   A request for an Opinion under Article 300(6) of the EC Treaty was made on 21 April 2004 by the European Parliament, represent by R. Passos, H. Duintjer Tebbens and N. Lorenz, acting as Agents, with an address for service in Luxembourg.
   The European Parliament requests the Court of Justice for a reply to the following questions:
   
               (a)
            
            
               Is the first sentence of the first subparagraph of Article 300(3) EC the appropriate legal basis for the Council Decision on the conclusion of the proposed agreement between the European Community and the United States of America on the processing and transfer of Passenger Name Record data by air carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection?
            
         
               (b)
            
            
               Must the abovementioned proposed agreement be regarded as being compatible with the right to protection of personal data, as enshrined in particular in Article 8 of the European Convention on Human Rights (ECHR), which the Community is required to observe in the same way as the Treaty?