Raad besluit tot overeenkomst met Canada inzake overdracht passagiersgegevens (en)

The European Commission welcomes the decision at today's meeting of the General Affairs and External Relations Council (GAERC) to sign with Canada an agreement on airline passenger data. Under the agreement, airlines flying from the EU to Canada will transfer selected passenger data to the Canadian authorities to help identify passengers who could be a security, and in particular a terrorist threat. The agreement strikes a good balance between security requirements and the data protection standards required under EU law, thus making an important contribution to the fight against terrorism.

Vice-President Franco Frattini i welcomes the result. "It is important that we show the world we are united in our fight against terrorism. This fight not only means we have to work together closely with our partners outside the EU, but also that we are able to maintain our human rights standards which form such a crucial part of our societies. The EU will continue to play its full part in securing data protection standards while at the same time stepping up joint action against terrorism."

Commissioner Ferrero-Waldner i commented: "The recent horrific attacks in London bring into sharp focus the continuing need to intensify the fight against terrorism while stoutly defending our democratic values. Canada and the EU share these values, and are key allies for one another in tackling threats to global security. This Agreement puts theory into practice by setting an example of how to combine the highest standards of security with the highest standards for the protection of civil liberties, notably the right to privacy."

Following the terrorist attacks of September 11, 2001, the Canada Border Services Agency (CBSA) was authorised to collect API and PNR data for all persons on flights bound for Canada. This Agreement gives European airlines the vital legal certainty to be able to comply with the Canadian legal requirement to transfer data while also remaining fully compliant with EU data protection law.

The agreement is one element in a legal framework also containing:

(i) a set of commitments covering protection of the API/PNR data transferred by airlines flying from the EU to Canada. Canada has a highly developed system of personal data protection similar to that of the EU, and has committed itself to provide high levels of data protection and to ensure rights of recourse for Canadian and non-Canadian passengers should they dispute the way in which their data has been recorded or handled.

(ii) a Commission Decision (expected later this week) finding the level of protection adequate under the Data Protection Directive. A Working Party of Member States Data Protection Authorities gave its positive opinion on 19 January, and a Committee of Member States representatives gave their approval on 2 May.

The Agreement with Canada gives further enhanced data protection compared to the deal concluded with the US last year, and a smaller number of data elements are involved. Data will be transferred by the so-called "push" system, rather than the more intrusive "pull" system temporarily in use with the US.

Signature and entry into force of the Agreement will follow in early autumn 2005.

For more information:

The EU's relations with Canada: http://europa.eu.int/comm/external_relations/canada/intro/index.htm