On the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data

Committee on Civil Liberties, Justice and Home Affairs

Amendment 1

Özlem Demirel

Draft legislative resolution

Paragraph 1

Draft legislative resolution	Amendment
1. Gives its consent to the conclusion of the agreement;	1. Refuses to give its consent to the conclusion of the agreement;

Or. en

Justification

The new draft EU Canada PNR agreement as negotiated by the Commission fails to comply with the European Court of Justice’s judgment that already invalidated the EU’s PNR agreement with Canada in 2019. In particular, the new draft agreement falls short in several key areas when assessed against the standards set by the EU data protection legislation. The agreement’s broad scope of data collection, long retention periods (still five years in some cases), limited transparency, and insufficient safeguards for international data transfers raise significant concerns from a data protection perspective. To fully align with EU data protection legislation, the agreement would need to incorporate more stringent limitations on data collection and retention, enhance transparency and individual rights, and ensure robust oversight and accountability mechanisms. Furthermore, in spite of these risks and concerns, the Commission had not requested an EDPS opinion and disclosed the draft with the Parliament only once negotiations were finalised demonstrating a clear lack of transparency.