Important legal notice

|

32001D0777

2001/777/EC: Council Decision of 6 November 2001 granting a Community guarantee to the European Investment Bank against losses under a special lending action for selected environmental projects in the Baltic Sea basin of Russia under the Northern Dimension

Official Journal L 292 , 09/11/2001 P. 0041 - 0042

Council Decisionof 6 November 2001granting a Community guarantee to the European Investment Bank against losses under a special lending action for selected environmental projects in the Baltic Sea basin of Russia under the Northern Dimension(2001/777/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the European Parliament(2),Whereas:(1) The Northern Dimension was launched by the Helsinki Council of 10-11 December 1999, which invited the Commission to put forward an Action Plan for the Northern Dimension. The Feira European Council in June 2000 adopted the Action Plan in the external and cross-border policies of the EU during 2000-2003. The Northern Dimension covers the geographical area from Iceland to the west across to North West Russia, from the Norwegian Barents and Kara Seas in the North to the Southern coast of the Baltic Sea.(2) The Northern Dimension aims at addressing the special regional development challenges in northern Europe. These include harsh climatic conditions, long distances, particularly wide disparities in living standards, environmental challenges including problems with nuclear waste and waste water management, as well as insufficient transport and cross border facilities. It aims to intensify cross border cooperation between the European Union and its neighbouring countries and regions in northern Europe.(3) The Community already supports some environmental projects in Northwest Russia with grants from TACIS, which, inter alia, pays attention to the need to reduce environmental risks and pollution, including transboundary pollution. It is justified for the Community to strengthen its support through limited European Investment Bank (EIB) loans. The involvement of the EIB would reinforce the impact of Community actions, not only by increasing the funds available, but also through the professional involvement of the Bank's project teams.(4) At the initiative of the Presidency, the Ecofin Council of 12 March 2001 considered a set of criteria for a limited EIB special action for environmental projects in North West Russia, notably in the St Petersburg and Kaliningrad areas. It was underlined that (a) projects must be assessed by the EIB and the loans authorised on a case-by-case basis by its Board of Governors. It is thus not a question of a general lending mandate for Russia; (b) projects must have a strong environmental objective and be of significant interest for the European Union; (c) the EIB must cooperate and co-finance with other international financial initiatives in order to ensure reasonable risk sharing and appropriate project conditionality; (d) the aggregate volume of loans is to be subject to an indicative ceiling of EUR 100 million; (e) Russia must honour its international financial obligations, including those to the Paris Club.(5) The Stockholm European Council of 23-24 March 2001 concluded that the Union should open up EIB lending for selected environmental projects in Russia, according to specific criteria decided by the Council.(6) It is therefore appropriate to provide a guarantee to the EIB to allow it to sign loan operations under this special lending action for selected environmental projects in the Baltic Sea rim of Russia, notably in the St Petersburg and Kaliningrad areas. The EIB has indicated its ability and willingness to extend loans from its own resources in North West Russia in accordance with its Statute.(7) This special action, involving a separate 100 % Community guarantee, is of an exceptional nature and is not to be considered as a precedent for any future actions.(8) The Northern Dimension Environmental Partnership (NDEP) will provide a framework for the setting of priorities, involving the Commission, bilateral and multilateral donors, international financial institutions and the transition countries concerned.(9) EIB financing in Russia under this Decision should be managed in accordance with the EIB's usual criteria and procedures, including appropriate control measures, as well as with the relevant rules and procedures concerning the Court of Auditors and OLAF.(10) For the purpose of adopting this Decision, the only powers provided for by the Treaty are those set out in Article 308,HAS DECIDED AS FOLLOWS:Article 1ObjectiveThe Community shall grant the European Investment Bank (hereinafter referred to as "the EIB") a guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria, for investment projects carried out under this special lending action in the Baltic Sea basin of Russia under the Northern Dimension. Eligible projects shall have a strong environmental objective and be of significant interest to the European Union.Article 2Ceiling and conditions1. The overall ceiling of the credits opened shall be EUR 100 million.2. For the purposes of this specific Decision, the EIB shall benefit from an exceptional Community guarantee of 100 % which covers the total amount of credits opened under this decision and all related sums.3. Projects financed by loans to be covered by the guarantee shall satisfy the following criteria:(a) eligibility in accordance with Article 1;(b) cooperation and co-financing by the EIB with other international financial institutions in order to ensure reasonable risk-sharing and appropriate project conditionality.4. The Board of Governors of the EIB, under Article 18(1), second paragraph, of the Protocol on the Statute of the European Investment Bank shall approve on a case-by-case basis each loan to be covered by the Community guarantee.5. The Board of Directors of the EIB shall only propose projects for approval to the Board of Governors if Russia honours its international financial obligations, including obligations for its Paris Club debt.Article 3ReportingThe Commission shall inform the European Parliament and the Council each year of the loan operations carried out under this Decision and shall, at the same time, submit an assessment of the implementation of this Decision and of coordination between the international financial institutions involved in the projects. The information submitted by the Commission to the European Parliament and the Council shall include an assessment of the contribution of the lending under this Decision to the fulfilment of the Community's objectives under the Northern Dimension.For the purposes of the first subparagraph, the EIB shall transmit to the Commission the appropriate information.Article 4DurationThe guarantee shall cover loans signed during a period of three years from the date of adoption of this Decision. If, on expiry of those three years, the loans signed by the EIB have not attained the overall ceiling referred to in Article 2, this period shall be automatically extended by six months.Article 5Final provisions1. This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.2. The EIB and the Commission shall fix the terms on which the guarantee is to be given.Done at Brussels, 6 November 2001.For the CouncilThe PresidentD. Reynders(1) OJ C 240 E, 28.8.2001, p. 295.(2) Opinion delivered on 24 October 2001 (not yet published in the Official Journal).


title: 2005/536/EC: Decision of the European Parliament of 12 April 2005 on the discharge for implementing the general budget of the European Union for the financial year 2003, Section VII — Committee of the Regions

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/53

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge for implementing the general budget of the European Union for the financial year 2003, Section VII — Committee of the Regions
   (2005/536/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the general budget of the European Union for the financial year 2003 (1),
   having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0020/2005),
   having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
   having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to Articles 272(10), 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
   having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0066/2005),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget for the 2003 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 54, 28.2.2003, p. 1.

      (2)  OJ C 293, 30.11.2004, p. 1.

      (3)  OJ C 294, 30.11.2004, p. 99.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments which form part of the decision on the discharge for implementing the general budget of the European Union for the financial year 2003, Section VII — Committee of the Regions
      THE EUROPEAN PARLIAMENT,
      having regard to the general budget of the European Union for the financial year 2003 (1),
      having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0020/2005),
      having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
      having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
      having regard to Articles 272(10), 275 and 276 of the EC Treaty,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
      having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
      having regard to Rule 71 of and Annex V to its Rules of Procedure,
      having regard to the report of the Committee on Budgetary Control (A6-0066/2005),
      The European Court of Auditors’ Annual Report

                  1.

                  Notes that the Committee of the Regions (CoR) administered a budget of EUR 38 999 436, of which 97,29 % (EUR 37 942 172,12) had been committed and 86,58 % (EUR 32 851 597) spent by 31 December 2003;

                  2.

                  Welcomes the fact that the Court of Auditors, for the first time, has evaluated the control environment of all institutions individually and has published their observations in a separate part;

                  3.

                  Notes that the CoR did not comply with a number of rules concerning the supervisory system and controls:

                              —

                              no charter for accountants was adopted,

                              —

                              no minimum control standards were adopted,

                              —

                              no risk analysis was performed in order to introduce the most appropriate control procedures,

                              —

                              the follow-up of entitlements of officials and other staff to the various allowances and benefits under the Staff Regulations was inadequate;

                        notes, however, that the CoR’s internal financial rules were adopted on 29 January 2003 and the charter of accountants in May 2004;

                  4.

                  Acknowledges that some delays in implementing the financial regulation can be explained by the fact that the CoR’s financial service assisted the European Anti-Fraud Office (OLAF) in an internal investigation in 2003;

                  5.

                  Points out that the CoR only gained financial and budgetary autonomy under the Amsterdam Treaty in the year 2000;

                  6.

                  Recognises that the CoR adopted some control standards in 2003; stresses however that a comprehensive document outlining the system of minimum control standards is still missing; asks to receive a copy of the document when it has been adopted;

                  7.

                  Calls on the CoR to systematically verify the entitlements of officials;

                  8.

                  Notes that the CoR has published contracts awarded on its website;

            Follow-up to the 2002 discharge procedure

                  9.

                  Points to the following observations in the 2001 discharge: ‘(…) there is evidence of systemic incompetence and disregard for the essential rules of tendering procedures and financial management, including elements of fraud and fake offers’ (6);

                  10.

                  Notes that the new Secretary-General initiated an administrative inquiry following the results of an OLAF investigation, although its results were not communicated to the Committee on Budgetary Control in time for the 2002 discharge; ‘(…) in his report the Secretary-General concluded that the enquiry had identified individual failings and lack of professionalism as well as (…) administrative weaknesses. However (…), none of these individual failings could be regarded (…) as serious enough to justify the opening of disciplinary procedures against any of the officials concerned’ (7); takes note that none of the officials who were the subject of the administrative inquiry has been promoted since the completion of the report;

                  11.

                  Notes that the former Secretary-General was initially granted unpaid leave and subsequently early retirement with effect from September 2004, against the express wish of the European Parliament;

                  12.

                  Emphasises again its support for the Internal Auditor, who drew the attention of the Committee on Budgetary Control to irregularities which occurred in the CoR, and also its confidence in his personal and professional integrity; is satisfied that this view is shared by the CoR, as recorded in a letter from the CoR President to the Internal Auditor of 26 November 2003: ‘I am therefore pleased to learn that the acting Secretary-General has assured his predisposition to assist you to carry out your functions professionally and appropriately as Internal Auditor with the full support and cooperation of both CoR members and staff.’; in addition, the CoR Secretary-General stressed in a written communication to the rapporteur ‘(…) the positive role that (the Internal Auditor) has played by highlighting certain weaknesses in the CoR’s administration. This was the starting point for the process of administrative reform that the CoR commenced in the last months of 2003 in order to remedy the weaknesses identified, in particular in the area of financial management.’;

                  13.

                  Acknowledges that the CoR, under the new Secretary-General, has made strenuous efforts to bring its administration up to speed, by initiating an administrative overhaul, and that Parliament has been kept informed about progress achieved on a regular basis; recognises with satisfaction the undertakings given so far;

            Annual activity report of the authorising officer and annual report of the internal auditor

                  14.

                  Points out that the CoR has spent EUR 117 693 on five external studies; welcomes the additional information on the use of the studies for committee work;

                  15.

                  Notices that it has received neither the CoR report pursuant to Article 86(4) of the Financial Regulation, nor the Internal Auditor’s annual report; notes that the position of internal auditor was not occupied during the latter half of 2004 and was eventually advertised in a vacancy notice on two occasions; asks to be informed about the outcome of this recruitment procedure;

            Other remarks

                  16.

                  Welcomes the fact that the CoR regularly evaluates the impact of its political work; asks to also receive the annual impact reports in the context of the discharge procedures;

                  17.

                  Remains concerned about the system of political control in the CoR; asks the CoR:

                              —

                              to look into the possibility of formally setting up a Conference of (Group) Presidents, as the political steering committee,

                              —

                              to evaluate the effectiveness of the Bureau (of more than 50 members),

                              —

                              to continue working towards greater effectiveness of the Commission for Financial and Administrative Affairs, noting that the streamlined format represents a significant improvement on the original format, and to report back to Parliament’s competent committee in time for the 2004 discharge procedure;

                  18.

                  Congratulates the CoR on the comprehensive preparatory work undertaken in 2003 to prepare for enlargement; will follow up the measures taken in its 2004 discharge report;

                  19.

                  Asks the CoR to evaluate the implications of the new Financial Regulation for its administrative and political work in time for its review in 2005/2006 and to report its findings to the European Parliament.

         (1)  OJ L 54, 28.2.2003, p. 1.

         (2)  OJ C 293, 30.11.2004, p. 1.

         (3)  OJ C 294, 30.11.2004, p. 99.

         (4)  OJ L 248, 16.9.2002, p. 1.

         (5)  OJ L 356, 31.12.1977, p. 1.

         (6)  OJ L 57, 25.2.2004, p. 8.

         (7)  Letter from the CoR President to the Chairman and Rapporteur of the Committee on Budgetary Control of 6 May 2004.


title: Council Decision 2007/551/CFSP/JHA of 23 July 2007 on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement)

text:
               4.8.2007

               EN

               Official Journal of the European Union

               L 204/16

         COUNCIL DECISION 2007/551/CFSP/JHA
   of 23 July 2007
   on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Whereas:

               (1)

               The Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) concluded on 19 October 2006 (1) expires no later than 31 July 2007 unless extended by mutual written agreement.

               (2)

               On 22 February 2007 the Council decided to authorise the Presidency, assisted by the Commission, to open negotiations for a long-term agreement on the same subject. Those negotiations have been successful and a new Agreement has been drawn up.

               (3)

               In a letter accompanying the new Agreement, DHS has offered assurances for the protection of PNR data transferred from the European Union concerning passenger flights to or from the United States.

               (4)

               DHS and the European Union, through a person specifically designated to that end, will periodically review the implementation of the assurances contained in the accompanying letter, so as to allow the Parties, in the light of such a review, to take any action deemed necessary.

               (5)

               The Agreement should be signed, subject to its conclusion at a later date.

               (6)

               Article 9 of the Agreement provides that the Agreement will be applied provisionally as of the date of signature. Member States should therefore give effect to its provisions as from that date in conformity with existing domestic law. A Declaration to that effect will be made at the time of signature of the Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement), is hereby approved on behalf of the European Union, subject to the conclusion of the said Agreement.
   The text of the Agreement, the accompanying letter from the DHS and the letter of the EU in reply are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Union, subject to its conclusion.
   Article 3
   In accordance with Article 9 of the Agreement, the provisions of the Agreement shall be applied on a provisional basis in conformity with existing domestic law as of the date of its signature, pending its entry into force. The annexed Declaration on provisional application is to be made at the time of signature.

      Done at Brussels, 23 July 2007.

            For the Council

            The President

         L. AMADO

      (1)  OJ L 298, 27.10.2006, p. 29.
   Declaration on behalf of the European Union to the agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement)
   ‘This Agreement, while not derogating from or amending the legislation of the EU or its Member States, will, pending its entry into force, be implemented provisionally by the Member States in good faith, in the framework of their existing national laws.’

               Mr Luis Amado

               President of the Council of the European Union

               175 Rue de la Loi

               1048 Brussels

               Belgium

         In response to the inquiry of the European Union and to reiterate the importance that the United States government places on the protection of individual privacy, this letter is intended to explain how the United States Department of Homeland Security (DHS) handles the collection, use and storage of Passenger Name Records (PNR). None of the policies articulated herein create or confer any right or benefit on any person or party, private or public, nor any remedy other than that specified in the Agreement between the EU and the U.S. on the processing and transfer of PNR by air carriers to DHS signed in July 2007 (the Agreement). Instead, this letter provides the assurances and reflects the policies which DHS applies to PNR data derived from flights between the U.S. and European Union (EU PNR) under U.S. law.
   I.   Purpose for which PNR is used:
   DHS uses EU PNR strictly for the purpose of preventing and combating: (1) terrorism and related crimes; (2) other serious crimes, including organized crime, that are transnational in nature; and (3) flight from warrants or custody for crimes described above. PNR may be used where necessary for the protection of the vital interests of the data subject or other persons, or in any criminal judicial proceedings, or as otherwise required by law. DHS will advise the EU regarding the passage of any U.S. legislation which materially affects the statements made in this letter.
   II.   Sharing of PNR:
   DHS shares EU PNR data only for the purposes named in Article I.
   DHS treats EU PNR data as sensitive and confidential in accordance with U.S. laws and, at its discretion, provides PNR data only to other domestic government authorities with law enforcement, public security, or counterterrorism functions, in support of counterterrorism, transnational crime and public security related cases (including threats, flights, individuals and routes of concern) they are examining or investigating, according to law, and pursuant to written understandings and U.S. law on the exchange of information between U.S. government authorities. Access shall be strictly and carefully limited to the cases described above in proportion to the nature of the case.
   EU PNR data is only exchanged with other government authorities in third countries after consideration of the recipient’s intended use(s) and ability to protect the information. Apart from emergency circumstances, any such exchange of data occurs pursuant to express understandings between the parties that incorporate data privacy protections comparable to those applied to EU PNR by DHS, as described in the second paragraph of this article.
   III.   Types of information collected:
   Most data elements contained in PNR data can be obtained by DHS upon examining an individual's airline ticket and other travel documents pursuant to its normal border control authority, but the ability to receive this data electronically significantly enhances DHS’s ability to focus its resources on high risk concerns, thereby facilitating and safeguarding bona fide travel.
   Types of EU PNR Collected:

               1.

               PNR record locator code

               2.

               Date of reservation/issue of ticket

               3.

               Date(s) of intended travel

               4.

               Name(s)

               5.

               Available frequent flier and benefit information (i.e. free tickets, upgrades, etc.)

               6.

               Other names on PNR, including number of travelers on PNR

               7.

               All available contact information (including originator information)

               8.

               All available payment/billing information (not including other transaction details linked to a credit card or account and not connected to the travel transaction)

               9.

               Travel itinerary for specific PNR

               10.

               Travel agency/travel agent

               11.

               Code share information

               12.

               Split/divided information

               13.

               Travel status of passenger (including confirmations and check-in status)

               14.

               Ticketing information, including ticket number, one-way tickets and Automated Ticket Fare Quote

               15.

               All baggage information

               16.

               Seat information, including seat number

               17.

               General remarks including OSI, SSI and SSR information

               18.

               Any collected APIS information

               19.

               All historical changes to the PNR listed in numbers 1 to 18

         To the extent that sensitive EU PNR data (i.e. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning the health or sex life of the individual), as specified by the PNR codes and terms which DHS has identified in consultation with the European Commission, are included in the above types of EU PNR data, DHS employs an automated system which filters those sensitive PNR codes and terms and does not use this information. Unless the data is accessed for an exceptional case, as described in the next paragraph, DHS promptly deletes the sensitive EU PNR data.
   If necessary, in an exceptional case where the life of a data subject or of others could be imperilled or seriously impaired, DHS officials may require and use information in EU PNR other than those listed above, including sensitive data. In that event, DHS will maintain a log of access to any sensitive data in EU PNR and will delete the data within 30 days once the purpose for which it has been accessed is accomplished and its retention is not required by law. DHS will provide notice normally within 48 hours to the European Commission (DG JLS) that such data, including sensitive data, has been accessed.
   IV.   Access and redress:
   DHS has made a policy decision to extend administrative Privacy Act protections to PNR data stored in the ATS regardless of the nationality or country of residence of the data subject, including data that relates to European citizens. Consistent with U.S. law, DHS also maintains a system accessible by individuals, regardless of their nationality or country of residence, for providing redress to persons seeking information about or correction of PNR. These policies are accessible on the DHS website, www.dhs.gov.
   Furthermore, PNR furnished by or on behalf of an individual shall be disclosed to the individual in accordance with the U. S. Privacy Act and the U. S. Freedom of Information Act (FOIA). FOIA permits any person (regardless of nationality or country of residence) access to a U.S. federal agency’s records, except to the extent such records (or a portion thereof) are protected from disclosure by an applicable exemption under the FOIA. DHS does not disclose PNR data to the public, except to the data subjects or their agents in accordance with U.S. law. Requests for access to personally identifiable information contained in PNR that was provided by the requestor may be submitted to the FOIA/PA Unit, Office of Field Operations, U.S. Customs and Border Protection, Room 5.5-C, 1300 Pennsylvania Avenue, NW, Washington, DC 20229 (phone: (202) 344-1850 and fax: (202) 344-2791).
   In certain exceptional circumstances, DHS may exercise its authority under FOIA to deny or postpone disclosure of all or part of the PNR record to a first part requester, pursuant to Title 5, United States Code, Section 552(b). Under FOIA any requester has the authority to administratively and judicially challenge DHS’s decision to withhold information.
   V.   Enforcement:
   Administrative, civil, and criminal enforcement measures are available under U.S. law for violations of U.S. privacy rules and unauthorized disclosure of U.S. records. Relevant provisions include but are not limited to Title 18, United States Code, Sections 641 and 1030 and Title 19, Code of Federal Regulations, Section 103.34.
   VI.   Notice:
   DHS has provided information to the travelling public about its processing of PNR data through publications in the Federal Register and on its website. DHS further will provide to airlines a form of notice concerning PNR collection and redress practices to be available for public display. DHS and the EU will work with interested parties in the aviation industry to promote greater visibility of this notice.
   VII.   Data retention:
   DHS retains EU PNR data in an active analytical database for seven years, after which time the data will be moved to dormant, non-operational status. Data in dormant status will be retained for eight years and may be accessed only with approval of a senior DHS official designated by the Secretary of Homeland Security and only in response to an identifiable case, threat, or risk. We expect that EU PNR data shall be deleted at the end of this period; questions of whether and when to destroy PNR data collected in accordance with this letter will be addressed by DHS and the EU as part of future discussions. Data that is related to a specific case or investigation may be retained in an active database until the case or investigation is archived. It is DHS’ intention to review the effect of these retention rules on operations and investigations based on its experience over the next seven years. DHS will discuss the results of this review with the EU.
   The above mentioned retention periods also apply to EU PNR data collected on the basis of the Agreements between the EU and the U.S., of May 28, 2004 and October 19, 2006.
   VIII.   Transmission:
   Given our recent negotiations, you understand that DHS is prepared to move as expeditiously as possible to a ‘push’ system of transmitting PNR from airlines operating flights between the EU and the U.S. to DHS. Thirteen airlines have already adopted this approach. The responsibility for initiating a transition to ‘push’ rests with the carriers, who must make resources available to migrate their systems and work with DHS to comply with DHS’s technical requirements. DHS will immediately transition to such a system for the transmission of data by such air carriers no later than January 1, 2008 for all such air carriers that have implemented a system that complies with all DHS technical requirements. For those air carriers that do not implement such a system the current system shall remain in effect until the air carriers have implemented a system that is compatible with DHS technical requirements for the transmission of PNR data. The transition to a ‘push’ system, however, does not confer on airlines any discretion to decide when, how or what data to push. That decision is conferred on DHS by U.S. law.
   Under normal circumstances DHS will receive an initial transmission of PNR data 72 hours before a scheduled departure and afterwards will receive updates as necessary to ensure data accuracy. Ensuring that decisions are made based on timely and complete data is among the most essential safeguards for personal data protection and DHS works with individual carriers to build this concept into their push systems. DHS may require PNR prior to 72 hours before the scheduled departure of the flight, when there is an indication that early access is necessary to assist in responding to a specific threat to a flight, set of flights, route, or other circumstances associated with the purposes defined in Article I. In exercising this discretion, DHS will act judiciously and with proportionality.
   IX.   Reciprocity:
   During our recent negotiations we agreed that DHS expects that it is not being asked to undertake data protection measures in its PNR system that are more stringent than those applied by European authorities for their domestic PNR systems. DHS does not ask European authorities to adopt data protection measures in their PNR systems that are more stringent than those applied by the U.S. for its PNR system. If its expectation is not met, DHS reserves the right to suspend relevant provisions of the DHS letter while conducting consultations with the EU with a view to reaching a prompt and satisfactory resolution. In the event that an airline passenger information system is implemented in the European Union or in one or more of its Member States that requires air carriers to make available to authorities PNR data for persons whose travel itinerary includes a flight between the U.S. and the European Union, DHS intends, strictly on the basis of reciprocity, to actively promote the cooperation of the airlines within its jurisdiction.
   In order to foster police and judicial cooperation, DHS will encourage the transfer of analytical information flowing from PNR data by competent U.S. authorities to police and judicial authorities of the Member States concerned and, where appropriate, to Europol and Eurojust. DHS expects that the EU and its Member States will likewise encourage their competent authorities to provide analytical information flowing from PNR data to DHS and other U.S. authorities concerned.
   X.   Review:
   DHS and the EU will periodically review the implementation of the agreement, this letter, U.S. and EU PNR policies and practices and any instances in which sensitive data was accessed, for the purpose of contributing to the effective operation and privacy protection of our practices for processing PNR. In the review, the EU will be represented by the Commissioner for Justice, Freedom and Security, and DHS will be represented by the Secretary of Homeland Security, or by such mutually acceptable official as each may agree to designate. The EU and DHS will mutually determine the detailed modalities of the reviews.
   The U.S. will reciprocally seek information about Member State PNR systems as part of this periodic review, and representatives of Member States maintaining PNR systems will be invited to participate in the discussions.
   We trust that this explanation has been helpful to you in understanding how we handle EU PNR data.
   Sincerely,

      Michael Chertoff
      Secretary of Homeland Security

               Secretary Michael Chertoff

               U.S. Department for Homeland Security

               Washington DC 20258

         Thank you very much for your letter to the Council Presidency and the Commission explaining how DHS handles PNR data.
   The assurances explained in your letter provided to the European Union allow the European Union to deem, for the purposes of the international agreement signed between the United States and European Union on the processing and transfer of PNR in July 2007, that DHS ensures an adequate level of data protection.
   Based on this finding, the EU will take all necessary steps to discourage international organisations or third countries from interfering with any transfers of EU PNR to the United States. The EU and its Member States will also encourage their competent authorities to provide analytical information flowing from PNR data to DHS and other U.S. authorities concerned.
   We look forward to working with you and the aviation industry to ensure that passengers are informed about how governments may use their information.
   Yours sincerely,

      Luis Amado
      President of the Council

    ---documentbreak---

               4.8.2007

               EN

               Official Journal of the European Union

               L 204/18

      Note to the reader: ‘The language versions of the Agreement, other than the English language version, have not yet been approved by the Parties. Once these other language versions have been approved, they will be equally authentic.’
   AGREEMENT
   between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement)
   THE EUROPEAN UNION
   and
   THE UNITED STATES OF AMERICA,
   DESIRING to prevent and combat terrorism and transnational crime effectively as a means of protecting their respective democratic societies and common values,
   RECOGNISING that information sharing is an essential component in the fight against terrorism and transnational crime and that in this context the use of PNR data is an important tool,
   RECOGNISING that, in order to safeguard public security and for law enforcement purposes, rules should be laid down on the transfer of PNR data by air carriers to DHS,
   RECOGNISING the importance of preventing and combating terrorism and related crimes, and other serious crimes that are transnational in nature, including organised crime, while respecting fundamental rights and freedoms, notably privacy,
   RECOGNISING that U.S. and European privacy law and policy share a common basis and that any differences in the implementation of these principles should not present an obstacle to cooperation between the U.S. and the European Union (EU),
   HAVING REGARD to international conventions, U.S. statutes, and regulations requiring each air carrier operating passenger flights in foreign air transportation to or from the United States to make PNR data available to DHS to the extent they are collected and contained in the air carrier’s automated reservation/departure control systems (hereinafter reservation systems), and comparable requirements implemented in the EU,
   HAVING REGARD to Article 6 paragraph 2 of the Treaty on European Union on respect for fundamental rights, and in particular to the related right to the protection of personal data,
   NOTING the former agreements regarding PNR between the European Community and the United States of America of 28 May 2004 and between the European Union and the United States of America of 19 October 2006,
   HAVING REGARD to relevant provisions of the Aviation Transportation Security Act of 2001, the Homeland Security Act of 2002, the Intelligence Reform and Terrorism Prevention Act of 2004 and Executive Order 13388 regarding cooperation between agencies of the United States government in combating terrorism, as well as the Privacy Act of 1974, Freedom of Information Act and the E-Government Act of 2002,
   NOTING that the European Union should ensure that air carriers with reservation systems located within the European Union make available PNR data to DHS and comply with the technical requirements for such transfers as detailed by DHS,
   AFFIRMING that this Agreement does not constitute a precedent for any future discussions or negotiations between the United States and the European Union, or between either of the Parties and any State regarding the processing and transfer of PNR or any other form of data,
   SEEKING to enhance and encourage cooperation between the Parties in the spirit of transatlantic partnership,
   HAVE AGREED AS FOLLOWS:

               (1)

               On the basis of the assurances in DHS’s letter explaining its safeguarding of PNR (the DHS letter), the European Union will ensure that air carriers operating passenger flights in foreign air transportation to or from the United States of America will make available PNR data contained in their reservation systems as required by DHS.

               (2)

               DHS will immediately transition to a push system for the transmission of data by such air carriers no later than 1 January 2008 for all such air carriers that have implemented such a system that complies with DHS’s technical requirements. For those air carriers that do not implement such a system, the current systems shall remain in effect until the carriers have implemented a system that complies with DHS’s technical requirements. Accordingly, DHS will electronically access the PNR from air carriers’ reservation systems located within the territory of the Member States of the European Union until there is a satisfactory system in place allowing for the transmission of such data by the air carriers.

               (3)

               DHS shall process PNR data received and treat data subjects concerned by such processing in accordance with applicable U.S. laws, constitutional requirements, and without unlawful discrimination, in particular on the basis of nationality and country of residence. The DHS’s letter sets forth these and other safeguards.

               (4)

               DHS and the EU, will periodically review the implementation of this Agreement, the DHS letter, and U.S. and EU PNR policies and practices with a view to mutually assuring the effective operation and privacy protection of their systems.

               (5)

               By this Agreement, DHS expects that it is not being asked to undertake data protection measures in its PNR system that are more stringent than those applied by European authorities for their domestic PNR systems. DHS does not ask European authorities to adopt data protection measures in their PNR systems that are more stringent than those applied by the U.S. for its PNR system. If its expectation is not met, DHS reserves the right to suspend relevant provisions of the DHS letter while conducting consultations with the EU with a view to reaching a prompt and satisfactory resolution. In the event that a PNR system is implemented in the European Union or in one or more of its Member States that requires air carriers to make available to authorities PNR data for persons whose travel itinerary includes a flight to or from the European Union, DHS shall, strictly on the basis of reciprocity, actively promote the cooperation of the airlines within its jurisdiction.

               (6)

               For the application of this Agreement, DHS is deemed to ensure an adequate level of protection for PNR data transferred from the European Union. Concomitantly, the EU will not interfere with relationships between the United States and third countries for the exchange of passenger information on data protection grounds.

               (7)

               The U.S. and the EU will work with interested parties in the aviation industry to promote greater visibility for notices describing PNR systems (including redress and collection practices) to the travelling public and will encourage airlines to reference and incorporate these notices in the official contract of carriage.

               (8)

               The exclusive remedy if the EU determines that the U.S. has breached this Agreement is the termination of this Agreement and the revocation of the adequacy determination referenced in paragraph 6. The exclusive remedy if the U.S. determines that the EU has breached this agreement is the termination of this Agreement and the revocation of the DHS letter.

               (9)

               This Agreement will enter into force on the first day of the month after the date on which the Parties have exchanged notifications indicating that they have completed their internal procedures for this purpose. This Agreement will apply provisionally as of the date of signature. Either Party may terminate or suspend this Agreement at any time by notification through diplomatic channels. Termination will take effect 30 days from the date of notification thereof to the other Party unless either Party deems a shorter notice period essential for its national security or homeland security interests. This Agreement and any obligations thereunder will expire and cease to have effect seven years after the date of signature unless the parties mutually agree to replace it.

      This Agreement is not intended to derogate from or amend the laws of the United States of America or the European Union or its Member States. This Agreement does not create or confer any right or benefit on any other person or entity, private or public.
      This Agreement shall be drawn up in duplicate in the English language. It shall also be drawn up in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish languages, and the Parties shall approve these language versions. Once approved, the versions in these languages shall be equally authentic.
      Done at Brussels, 23 July 2007 and at Washington, 26 July 2007.

            For the European Union

            For the United States of America


Avis juridique important

|

41998D0051

The Schengen acquis - Decision of the Executive Committee of 16 December 1998 on cross-border police cooperation in the area of crime prevention and detection (SCH/Com-ex (98) 51, rev. 3)

Official Journal L 239 , 22/09/2000 P. 0407 - 0407

DECISION OF THE EXECUTIVE COMMITTEEof 16 December 1998on cross-border police cooperation in the area of crime prevention and detection(SCH/Com-ex (98)51 Rev. 3)THE EXECUTIVE COMMITTEE,Having regard to Articles 39 and 132 of the Agreement implementing the Schengen Convention,Stressing the need for the Schengen States further to improve crime prevention and detection by means of closer cooperation,Confirming the importance of mutual police assistance pursuant to Article 39 of the Schengen Convention for the attainment of this objective,Convinced that in certain cases in which no coercive measures are required police cooperation - under the executive authority of the judicial authorities - may be immediately necessary in order to ensure that delay in processing a request does not thwart the outcome of an investigation,Whereas it is necessary for reasons of operational security and legal certainty to draw up a common list defining the scope of such police cooperation and to determine appropriate channels for the transmission of police requests,HAS DECIDED AS FOLLOWS:1. In accordance with the objectives set out in Article 39 of the Schengen Convention, the Schengen States shall endeavour to bring police cooperation in the fight against crime up to a level meeting the needs for rapid and effective action against criminals operating internationally. To this end it is particularly important to draw up a common list of activities which may be requested and undertaken under the law of the Schengen States in cases in which the prior consent of the judicial and/or administrative authorities is not mandatory and without prejudice to the control exercised in such matters by the judicial authorities. If agreement on such a list is reached, the definitive decision will be taken by the Central Group.2. Without prejudice to the common list to be adopted pursuant to point 1, the Schengen States shall list, for the purpose of inclusion in the national fact sheets of the Handbook on crossborder police cooperation, the activities within the meaning of Article 39(1) of the Convention that may be requested and undertaken in accordance with national law by their police authorities subject to the conditions pursuant to paragraph 1.3. National legal order permitting, the Schengen States may increase police cooperation in the area of crime prevention and detection by concluding bilateral agreements and specify what activities in addition to the measures in the list referred to in point 1 may come within the scope of mutual police assistance without the intervention of the judicial and/or administrative authorities. These bilateral agreements should also specify how police requests are to be transmitted to the competent authorities and how the use as evidence in criminal proceedings of the information transmitted can be simplified.4. Working Group I shall, by agreement with Working Group III, submit to the Central Group an annual report based on the experiences of the Contracting Parties concerning the progress made in improving police cooperation in preventing and detecting crime.Berlin, 16 December 1998.The PresidentC. H. Schapper


title: 2006/385/EC: Decision of the European Central Bank of  19 May 2006  amending Decision ECB/2001/16 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002  (ECB/2006/7)

text:
               2.6.2006

               EN

               Official Journal of the European Union

               L 148/56

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 19 May 2006
   amending Decision ECB/2001/16 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002
   (ECB/2006/7)
   (2006/385/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 32 thereof,
   Whereas:

               (1)

               Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (1) establishes a regime for the allocation of monetary income of the national central banks of Member States that have adopted the euro. Pursuant to Article 32.5 of the Statute, the sum of the NCBs’ monetary income is allocated to the NCBs in proportion to their paid-up shares in the capital of the ECB. In order to allow for a gradual adaptation of the NCBs’ balance sheets and profit and loss accounts, the monetary income allocation for the financial years 2002 to 2007 has been adjusted to take into account the differences between the average value of banknotes in circulation of each NCB during the period from 1 July 1999 to 30 June 2001 and the average value of banknotes that would have been allocated to them during that period in accordance with the ECB’s capital key. These adjustments include net intra-Eurosystem liabilities on euro banknotes in circulation which are in the liability base for the purposes of calculating the NCBs’ monetary income under Article 32.2 of the Statute, as they are equivalent to banknotes in circulation.

               (2)

               The future enlargement of the Eurosystem makes it necessary to adapt the existing regime for the allocation of monetary income. For reasons of fairness, consistency and equal treatment, new Eurosystem NCBs should be treated in the same way financially as existing Eurosystem NCBs. This means that an adjustment procedure should be applied each time a Member State adopts the euro and should follow the same principles as the adjustment procedure for the financial years 2002 to 2007. As a consequence, overlapping of adjustment periods may occur.

               (3)

               Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (2) allows new participating Member States some flexibility as regards the substitution of the euro for their currencies and the introduction of euro banknotes and coins. In order for the adjustment procedure to achieve financially appropriate solutions, the individual changeover scenarios have to be taken into account,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision ECB/2001/16 is amended as follows:

               1.

               Article 1 is amended as follows:
               The following definitions are inserted after the definition of ‘reference rate’:

                           ‘(j)

                           “cash change-over date” means the date on which euro banknotes and coins acquire the status of legal tender in a Member State which has adopted the euro;

                           (k)

                           “reference period” means a period of 24 months starting 30 months before the cash changeover date;

                           (l)

                           “cash change-over year” means a period of 12 months starting on the cash change-over date;

                           (m)

                           “daily foreign exchange reference rate” means the daily foreign exchange reference rate that is based on the regular daily concertation procedure between central banks within and outside the ESCB, which normally takes place at 14.15 Central European Time.’

               2.

               Article 2 is amended as follows:
               Paragraph 1 is replaced by the following:
               ‘The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.
               Where a Member State adopts the euro, the calculation of the intra-Eurosystem balances on euro banknotes in circulation under the first sub-paragraph shall be recorded in the books of the ECB and the NCBs with a value date of the cash change-over date.’

               3.

               Article 4 is replaced by the following:
               ‘Article 4
               Adjustments to intra-Eurosystem balances
               1.   For the purposes of monetary income calculation, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:
               C = (K – A) × S
               where:

                           C

                           is the compensatory amount,

                           K

                           is the euro amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the reference period, whereby the amount of banknotes in circulation denominated in the national currency of a Member State that adopts the euro shall be translated into euro at the daily foreign exchange reference rate during the reference period,

                           A

                           is the average euro value for each NCB of banknotes in circulation during the reference period, translated into euro at the daily foreign exchange reference rate during the reference period,

                           S

                           is the following coefficient for each financial year, starting with the cash change-over date:

                                       Financial year

                                       Coefficient

                                       Cash change-over year

                                       1

                                       Cash change-over year plus one year

                                       0,8606735

                                       Cash change-over year plus two years

                                       0,7013472

                                       Cash change-over year plus three years

                                       0,5334835

                                       Cash change-over year plus four years

                                       0,3598237

                                       Cash change-over year plus five years

                                       0,1817225

                     2.   The sum of the compensatory amounts of the NCBs shall be zero.
               3.   Compensatory amounts shall be calculated each time a Member State adopts the euro or when the ECB’s subscribed capital key changes.
               4.   The compensatory amount of a new Eurosystem NCB shall be allocated to the existing Eurosystem NCBs when that Member State joins, in proportion to the respective shares of existing Eurosystem NCBs in the subscribed capital key, with the sign (+/–) reversed, and shall be additional to any compensatory amounts already in force for existing Eurosystem NCBs.
               5.   The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of the cash change-over date and the same value date of each following year of the adjustment period. The accounting entries to balance the compensatory amounts shall not be remunerated.
               6.   If the value of euro banknotes that the Banque centrale du Luxembourg puts into circulation in 2002 exceeds the average value of its banknotes in circulation during the period from 1 July 1999 to 30 June 2001 by 25 % or more, then for the Banque centrale du Luxembourg letter ‘A’ in the formula set out in paragraph 1 shall be the value of banknotes put into circulation by the Banque centrale du Luxembourg in 2002 up to a maximum limit of EUR 2,2 billion. Upon application of this derogation, all compensatory amounts calculated on the basis of Article 4(1) shall be subject to retroactive adjustments at the end of 2002, in order to ensure compliance with paragraph 2. Such retroactive adjustments shall be in proportion to the subscribed capital key.
               7.   By derogation from paragraph 1, on the occurrence of specific contingencies relative to changes in patterns of banknote circulation, as set out in Annex III to this Decision, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.
               8.   The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from the first day of the sixth year following the relevant cash change-over year.’

               4.

               Annex I is amended in accordance with Annex I to this Decision.

               5.

               Annex III is replaced by Annex II to this Decision.

         Article 2
   Final provision
   This Decision shall enter into force one day following its adoption.

      Done at Frankfurt am Main, 19 May 2006.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 337, 20.12.2001, p. 55. Decision as amended by Decision ECB/2003/22 (OJ L 9, 15.1.2004, p. 39).

      (2)  OJ L 139, 11.5.1998, p. 1. Regulation as last amended by Regulation (EC) No 2169/2005 (OJ L 346, 29.12.2005, p. 1).

      ANNEX I
      Paragraph 1 of Part A of Annex I is replaced by the following:

                  ‘1.

                  banknotes in circulation
                  For the purposes of this Annex, in the cash change-over year 2002 for each existing Eurosystem NCB, or in the cash change-over year for each new Eurosystem NCB, “banknotes in circulation”:

                              (i)

                              also includes banknotes issued by the NCB and denominated in its national currency unit; and

                              (ii)

                              must be reduced by the value of the non-remunerated loans related to frontloaded euro banknotes that have not been yet debited (part of asset item 6 of the HBS).

                        After the cash change-over year, for the purposes of this Annex and for each NCB, “banknotes in circulation” means banknotes denominated in euro, to the exclusion of any other banknotes;’

      ANNEX II
      Annex III is replaced by the following:

            ‘ANNEX III
            A.   First contingent adjustment
            If the average total value of banknotes in circulation in the cash change-over year is lower than the average total euro value of banknotes in circulation during the reference period (including those denominated in the national currency of the Member State that has adopted the euro and translated into euro at the daily foreign exchange reference rate during the reference period), then the coefficient “S” applying to the cash change-over year in accordance with Article 4(1) must be reduced with retroactive effect in the same proportion as the decrease in the total average of banknotes in circulation.
            The reduction must not result in a coefficient lower than 0,8606735. If this derogation is applied, one quarter of the resulting reduction in the NCBs’ compensatory amounts (“C”) applicable in the cash change-over year must be added to each of the NCBs’ compensatory amounts applicable in the second to fifth year following the cash change-over year under Article 4(1).
            B.   Second contingent adjustment
            If those NCBs for which the compensatory amount referred to in Article 4(1) is a positive figure pay net remuneration on intra-Eurosystem balances on banknotes in circulation that results in a net expense when added to the item “net result of pooling of monetary income” in their profit and loss account at the end of the year, then the coefficient “S” applying to the cash change-over year in accordance with Article 4(1) must be reduced to the extent necessary to eliminate this condition.
            The reduction must not result in a coefficient lower than 0,8606735. If this derogation is applied, one quarter of the resulting reduction in the NCBs’ compensatory amounts (“C”) applicable in the cash change-over year must be added to each of the NCBs’ compensatory amounts applicable in the second to fifth year following the cash change-over year under Article 4(1).’