A common EU approach to the use
of PNR
148. The current Agreements between the EU and
the United States, and between the EC and Canada, are designed
to enable the United States and Canada respectively to receive
PNR data from Europe. However we have already explained[58]
that, unlike the US Agreement, the Canada Agreement is drafted
in a way which would enable it to be used to govern the transfer
of PNR data from Canada to Europe.
149. Undertaking 45 of the US Agreement states
that, if a system is implemented in the EU requiring carriers
to provide EU authorities with PNR data for passengers travelling
to or from the EU, CBP will "encourage US-based airlines
to cooperate"—a rather grudging offer. In the case
of the Canada Agreement, by contrast, Commitment 40 explains that
section 4.83 of the Canadian Aeronautics Act allows Canadian air
carriers operating flights from any destination, or any carriers
operating flights departing from Canada, to provide a foreign
State with PNR information about passengers flying to that State,
where the law of that State requires this; and Commitment 41 states
that this would apply to the EU if it or any of its Member States
passes laws requiring access to API and PNR data for persons travelling
to the EU.
150. Mr Faull told us: "The Commission's
view is that it would make sense to have a PNR system for ourselves
in the European Union on the basis of which we would then have
very good grounds for saying to our American partners, 'This must
be completely reciprocal. We have our PNR system, you have yours'".
But he added that he did not see any enthusiastic demand among
Member States for this. Those that needed such information had
set up national systems. (QQ 179-180)
151. The EU Action Plan for Combating Terrorism,
updated in September 2006, calls for the development and implementation
of the exchange and analysis of PNR. To help assess the different
policy options the Commission sent questionnaires to Member States,
data protection authorities and airline associations. The questionnaire
sent to airline associations on 19 December 2006 specifically
sought their views on the likely cost to them of the different
options. BATA sent us a copy of the response of the Association
of European Airlines (AEA). This was not a very positive response;
it explained that AEA airlines had no wish to be involved in law
enforcement functions unconnected with security and safety, and
emphasised the considerable burdens which such an exercise would
place on the airlines.
152. We sympathise with the AEA in the desire
of its members not to become involved in general law enforcement
functions. However we believe that a common EU approach to the
use of PNR for the purposes for which it was originally intended
under the US Agreement must come sooner rather than later, and
we welcome the Commission's work. We understand that a draft Framework
Decision may be brought forward later this year.[59]
United Kingdom initiatives
153. In oral evidence Ms Ryan told us a little
about United Kingdom initiatives (QQ 52-57), and she amplified
this in a letter to the Chairman of 30 March 2007 (p 19).
There was also a presentation by a Home Office official to the
March seminars.[60]
154. e-Borders is an initiative to improve United
Kingdom border control by enhancing joint working between border
agencies. It involves Customs, the Intelligence Agencies, the
Police and United Kingdom visas, and is coordinated by the Home
Office. The Department for Work and Pensions and the Passport
Service are among other beneficiaries. Operating capability is
planned for July 2008, with full capability by 2014.
155. Project Semaphore is the pilot project for
e-Borders which was launched in November 2004. It collects both
API and PNR from 40 carriers on 72 routes; currently this amounts
to 20.9 million annualised passenger movements, and by April 2008
the figure may be 30 million. It has so far resulted in some 900
arrests for crimes including murder, rape, drug and tobacco smuggling
and passport offences. Checks have also led to the identification
of holders of fraudulently obtained passports who have consequently
been refused leave to enter the United Kingdom. Ms Ryan told us
that in January 2007 23 successes were recorded by Project Semaphore
as a result of automated profiling based on passenger data. (p 19)
156. Any increased detection of crimes or immigration
offences is welcome, but we have yet to hear that the collection
of these data has led to successes in combating terrorism or serious
cross-border crime. However we appreciate that Project Semaphore
is only a pilot project, and we hope that it, and e-Borders, will
in time show their full potential.
55 Greece is the only State of the EU-15 whose nationals
still need visas for the US. Back
56
Meeting with Secretary Chertoff on 5 April 2007; Council Document
8282/07. Back
57
The twelve non-EU States which participate in the VWP are Andorra,
Australia, Brunei, Iceland, Japan, Liechtenstein, New Zealand,
Norway, San Marino, Singapore and Switzerland. Back
58
Paragraph 93. Back
59
Supplementary evidence from Ms Ryan, p 20. Back
60
See paragraph 87. Back
