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DRAFT RECOMMENDATION (08897/2024 – C100125/2024 – 2024/0051(NLE))

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

LIBE-PR-767911

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Nikola Minchev

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The draft report recommends that Parliament consent to the Council decision concluding the EU-Canada Agreement on transferring and processing Passenger Name Record (PNR) data, which aims to fight serious crime and terrorism while safeguarding fundamental rights.

Committee position. The rapporteur recommends that Parliament endorse the draft Council decision, giving consent to the agreement.

Key points

  1. Parliament gives its consent to the conclusion of the agreement.
  2. The agreement follows the Court of Justice's Opinion 1/15, which found the previous 2014 agreement incompatible with fundamental rights, and includes safeguards on non-discrimination, data retention, security, oversight, transparency, passenger access and correction, and redress.
  3. The European Data Protection Supervisor issued a positive opinion, finding the draft agreement compatible with the Charter of Fundamental Rights, and made recommendations for implementation.
  4. The rapporteur stresses that the agreement must be applied in strict adherence to its safeguards, CJEU case law, and EDPS recommendations, and reminds the Commission to pay special attention to these during reviews.

Who is affected

  • Passengers travelling between the EU and Canada: their PNR data will be transferred and processed under the agreement's safeguards.
  • Law enforcement authorities in the EU and Canada: they can use PNR data to combat serious crime and terrorism.

Figures and deadlines

  • 120 terrorist attacks were carried out in EU Member States in 2023.

Legal basis: Article 16(2), Article 87(2)(a), and Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union