PUBLIC COU CIL OF THE EUROPEA U IO. Brussels, 4 July /11. Interinstitutional File: 2011/0023 (COD) LIMITE

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1 eil UE PUBLIC COU CIL OF THE EUROPEA U IO Brussels, 4 July 0 Interinstitutional File: 0/00 (COD) DOCUME T PARTIALLY ACCESSIBLE TO THE PUBLIC (4.0.0) 7/ LIMITE GE VAL 7 AVIATIO 8 DATAPROTECT 7 CODEC 7 OTE from: Presidency to: Working Party on General Matters including Evaluation (GENVAL) No. prev. doc.: 658/ GENVAL 0 AVIATION 6 DATAPROTECT Subject: Proposal for a Directive of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime - Discussion paper on way forward I. Background - draft P R Directive. The Commission submitted a proposal for a Council Framework Decision on the use of Passenger Name Record (PNR) data for law enforcement purposes to the Council on 7 November 007. Intensive work was carried out during the Slovenian, French and Czech Presidencies in the MDG format. The topic was also raised at the TWP. Ministers referred to the EU PNR issue during Informal JHA Ministerial meeting on 5-6 January 008, and the JHA Council sessions on 5 July and 7 November 008. The entry into force of the Lisbon Treaty made this proposal legally obsolete. 568//09 REV CRIMORG 7 AVIATION DATAPROTECT. 8746/09 ENFOPOL 87 CRIMORG //08 CRIMORG 57 AVIATION DATAPROTECT 70 and 6457/08 CRIMORG 08 AVIATION 86 DATAPROTECT 00 + COR + COR. 7/ GS/np

2 . In the light of this event on February 0, the Commission presented a proposal for a Directive of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. At the CATS meeting of February, the Commission presented the proposal and Member States engaged in a first exchange of views on it.. Several outstanding issues were tackled at the time, such as the choice between a centralised and a decentralised system, the coverage of the intra-eu flights, and the link with API Directive 004/8/EC. Therefore the Presidency does not intend to re-open the issues discussed already as on some of them there is a clear line presented by the majority of delegations 4. II. Engagement of the stakeholders 4. Under the French and Hungarian Presidencies, a number of stakeholders had the chance to present their views on the proposal given by the Commission. The Polish Presidency intends to follow this path and will invite speakers from industry circles, IT, Member States and EU institutions and agencies to present their views. This task will allow some of the stakeholders to refer to the newest proposal from the Commission 5 and help building a comprehensive picture on the practical aspects of the PNR instrument / GENVAL 5 AVIATION 5 DATAPROTECT 6. See interesting comparative table presented by the General Secretariat of the Council showing the differences between 009 and 0 proposals. See 806// REV GENVAL 7 AVIATION 6 DATAPROTECT 6 CODEC 466 and the outcome of proceedings of the April 0 JHA Council (90/ GENVAL 4 AVIATION 00 DATAPROTECT 4 CODEC 648). 9/ GENVAL 6, p. 5. See inter alia to the report on the thematic work in 6457/08 CRIMORG 08 AVIATION 86 DATAPROTECT 00. Some presentations were given already by IATA, AEA, AMADEUS and SITA (see 9/08 CRIMORG 44 AVIATION 87 DATAPROTECT 6 and 766/08 CRIMORG 55 AVIATION 09 DATAPROTECT 69). 7/ GS/np

3 5. It is important to refer to the opinions from the Council Legal Service and to the contributions from the European Data Protection Supervisor, the Fundamental Rights Agency, Economic and Social Committee 4, and the Article 9 Working Party 5. The views expressed have particular value vis-à-vis forthcoming talks with the European Parliament. The Council has already received information from the Rapporteur chosen in LIBE Committee (Timothy Kirkhope 6 from ECR, UK). Needless to say a large number of other MEPs express a keen interest in this topic The Presidency intends to hear the comments from the Member States. It is crucial to be able to provide for the statistics and raw data before any direct message is passed on to the Parliament. The Council must be able to supplement its views by concrete examples and by proving proportionate and necessity-oriented solutions introduced in its position. These two important tests of proportionality and of necessity are perceived be the Presidency as the key to success in the co-decision process. Certainly each and every step taken by the Council vis-à-vis the Parliament would be done in close cooperation with the Commission On compatibility with the principle of free movement of persons and the Schengen Borders Code see 80/ JUR 5 GENVAL 9 AVIATION 7 DATAPROTECT CODEC 509. On compatibility with the right to privacy and the right to the protection of personal data see 8850/ JUR 6 GENVAL 8 AVIATION 9 DATAPROTECT 0 CODEC / GENVAL AVIATION 7 DATAPROTECT CODEC 5. See also the previous opinion: 59/08 CRIMORG AVIATION 9 DATAPROTECT / GENVAL 67 AVIATION 7 DATAPROTECT 65 CODEC / GENVAL 5 AVIATION DATAPROTECT 5 CODEC 8. Doc //EN, Opinion WP 8 of 5 April / GENVAL 69 AVIATION 74 DATAPROTECT 66 CODEC 064. See EP resolution of 0 November 008 in OJ C 6E,..00, p / GS/np

4 III. Key issues for further discussion: the tests of proportionality and necessity DELETED 7/ GS/np 4

5 DELETED V. Foreseen schedule of works DELETED. The Presidency is particularly interested in the views of the co-legislator, that is the European Parliament, whose active engagement in this file is known to all. In view of a possible position by the LIBE Committee on the Rapporteur s draft report in December 0, the Presidency s intention is to present an amended text of the Directive before the second expert reading in the GENVAL Working Party in September 0 and to invite CATS to address the most important questions in October 0.. The Presidency therefore invites Member States to provide short written contributions on the (potential) need to supplement the draft text of the P R directive proposal in order to be fully in line with proportionality and necessity tests (bullet-pointed ideas, max. pages long) until end of July 0 to DELETED and DELETED and DELETED. Upon receipt of these contributions the Presidency will further reflect on the state of play and provide amendments to the proposal in due time before the next meeting of GE VAL Working Party on 0 September 0. 7/ GS/np 5