http://www.euractiv.com/en/justice/eu-rallies-uk-collecting-air-passenger-da
ta-news-503646 


EU rallies behind UK on collecting air passenger data [fr
<http://www.euractiv.com/fr/justice/lue-se-rallie-au-royaume-uni-pour-la-col
lecte-de-donn-es-sur-les-passagers-riens-news-503655> ]


Published: 31 March 2011 | Updated: 01 April 2011

As terrorists' travel routes become more complex, a majority of EU member
states are rallying behind a UK-led campaign to extend a proposal on
collecting air passenger data to people travelling within Europe. 


Background


Passenger Name Records (PNR) refer to information provided by passengers and
collected by air carriers in order to process reservations and check in
passengers.

Such data has been used for almost 60 years by customs and law enforcement
authorities around the world. However, only recently has technological
development allowed for advance electronic transmission of the data. This
makes PNR an even more useful tool to fight serious crime, including
terrorism.

The European Commission recently issued a communication
<http://www.euractiv.com/en/transport/eu-unveils-passenger-data-sharing-prop
osals-news-497999>  setting out the general principles of a PNR agreement
with third countries.  

According to the paper, the agreement should be used exclusively to fight
terrorism and serious transnational crime, and should be limited to what is
necessary for that purpose. This should be clearly listed in the agreement.

Negotiations on an EU proposal on passenger name records (PNR) recently took
on a different shape, as member states are being won over by British
arguments that collecting data on air travel to destinations outside the
bloc alone would leave a considerable security gap.

According to an EU paper seen by EurActiv, the UK proposal has struck a
chord with many member states, because countries fear they could miss out on
a substantial amount of data on suspected terrorists, who are changing the
way they travel.

"In 15 countries, more than 70% of the flights are intra-EU flights," the
paper reads.

"Indeed, analyses made by counter-terrorism agencies demonstrate that
terrorists often use EU hubs instead of direct international flights and
that the complexity of their journeys has increased," the paper continues.

The detection of David Headley, the 2008 Mumbai bomber, would not have been
possible without the data of an intra-EU flight from Germany to the UK,
argues Theresa May, the UK's justice minister, in a letter sent to her
Hungarian equivalent Sándor Pintér on 3 March, according to a copy seen by
EurActiv.

At talks between the EU's 27 ambassadors yesterday (30 March), Spain,
France, Italy and Poland were the most stringent in their support for the
inclusion of flights within the EU, diplomatic sources reveal.

At the moment, if a drug trafficker flies from South America to Lisbon,
he/she could stay in Portugal for a few days before booking a new flight on
a different airline, which would leave a broken trail of PNR data leading
others to believe the individual is still in Lisbon.

Going against EU law?

Though the inclusion of intra-EU flights is currying favour among EU
countries, not all are convinced that this is in line with EU laws on free
movement.

Austria and Slovenia are rallying behind Germany's argument that PNR
collection on intra-EU flights goes against EU provisions on the free
movement of persons enshrined in the acquis communautaire.

In fact, a German paper seen by EurActiv highlights 25 different problems
found in the draft PNR proposal, including data retention periods and data
protection.

These countries would want to limit the proposal to collecting PNR on
flights to and from third countries alone, with a review period of about
four years to consider whether intra-EU flights should be included or not.

In addition, member states are discussing whether they should only seek data
on a targeted amount of flights which match flight patterns taken by
suspected criminals, the selection of which would be left up to member
states.

Sources say this is also a British proposal, as currently the UK Border
Agency only targets flights classified as high-risk by their analysts.

Though EU officials have held discussions nearly every week on the various
arguments put forward by different countries, an agreement for the proposal
has been earmarked for the autumn after the EU's summer lull.

Then ministers will have to clinch an agreement with the European
Parliament, which is getting a reputation for a firm stance on the
protection of citizens' data.

At the next meeting of justice and home affairs ministers in Luxembourg on
11 April, the EU commissioner for home affairs, Cecilia Malmström, will make
a belated presentation of her initial PNR proposal unveiled late last year.

 
<http://www.euractiv.com/en/justice/eu-rallies-uk-collecting-air-passenger-d
ata-news-503646> 




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