When assessing a new PNR agreement between the European Union and a third country, it remains important to reflect on a fundamental concern expressed in all these agreements. In closing them, lawmakers are forcing airlines and computerized reservation systems to provide foreign law enforcement agencies with PNR data of all their passengers, almost all of whom are innocent and ignorant citizens. This in itself remains a rather unusual phenomenon and requires very careful thought. If it is acceptable, we need not only a legal basis, which must be the agreement, but also irrefutable proof that the agreement is necessary and proportionate and that the guarantees are sufficiently elaborated, in the sense of and in full respect of the Charter of Fundamental Rights of the European Union. [9] On 28 A new agreement on the transfer and use of PNR data between the EU DHS and the US was concluded on 27 November 2011. [9] The full text is available online. [10] The Commission`s recommendation to the Council to authorise the opening of negotiations for a PNR agreement BETWEEN the EU and Japan (COM (2019) 420 final) is accompanied by an annex containing guidelines for the negotiations. The Directives define not only the objectives of the envisaged agreement, but also the parameters necessary to ensure and monitor compliance with the protection of personal data, fundamental rights and the freedom of natural persons, irrespective of their nationality and place of residence, in the context of the transfer of PNR data to Japan. The agreement does not protect the rights to privacy, data protection and non-discrimination because, regardless of the existence of concrete evidence, the measures in the agreement must nevertheless respect the principles of necessity and proportionality. This criterion is not fulfilled by the PNR agreement between the EU and Canada.
The Council today adopted a decision authorising the opening of negotiations between the EU and Japan for an agreement on the transfer and use of Passenger Passenger Record (PNR) data. The Commission will now start negotiations with Japan on the basis of the negotiating directives adopted by the Council. The European Parliament presented the EU-Canada PNR case to the ECJ in November 2014 to enable the Court to judge whether the agreement is compatible with the rights guaranteed by the EU Treaties and the Charter of Fundamental Rights. The Court`s decision follows the Opinion of Advocate General Mengozzi of September 2016. . . .