| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2013) 528 final (18.7.13) |
| Publication Date | 18/07/2013 |
| Content Type | Policy-making |
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Canadian legislation empowers the Canada Border Services Agency to ask each air carrier operating passenger flights to and from Canada to provide it with electronic access to Passenger Name Record (PNR) data prior to the passenger arriving or leaving Canada. This legislation aims at obtaining PNR data electronically in advance of a flight's arrival and therefore significantly enhances the Canada Border Services Agency's ability to conduct efficient and effective advance risk assessment of passengers and to facilitate bona fide travel, thereby enhancing the security of Canada. The European Union, in cooperating with Canada in the fight against terrorism and other serious transnational crime, views the transfer of PNR data to Canada as fostering international police and judicial cooperation. This will be achieved through the sharing of analytical information containing PNR data obtained by Canada with competent police and judicial authorities of Member States, as well as with Europol and Eurojust within their respective mandates. The European Union concluded an agreement in 2005 with Canada on the processing of PNR data based on a set of commitments by the Canada Border Services Agency in relation to the application of its PNR programme. The commitments were annexed to a 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. Following the expiry of the Commission Decision in 2009, the Canada Border Services Agency unilaterally undertook to assure the EU that the commitments would continue in full force and effect until a new agreement applies. Following the entry into force of the Lisbon Treaty, the European Parliament adopted a resolution on 5 May 2010 in which it requested a renegotiation of the Agreement on the basis of certain criteria. On 2 December 2010, the Council adopted a Decision, together with a negotiation directive, authorising the Commission to open negotiations on behalf of the European Union. Following negotiations between the parties, the Agreement was initialled on 6 May 2013. This Agreement takes into consideration and is consistent with the general criteria laid down in the Communication from the Commission on the Global Approach to the transfer of PNR data to third countries and the negotiating directives given by the Council. The Commission therefore proposes to the Council to adopt a decision approving the conclusion of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data. |
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| Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2013:528:FIN |
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| Countries / Regions | Canada, Europe |
