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EU-USA: Council of the European Union produces separate texts on passenger name record access by the USA

01 October 2006

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1. New Council Decision on EU-USA PNR deal
This replaces the previous Decision which the EU court ruled was on the wrong legal basis.

2. New Council Agreement on EU-USA PNR deal
This replaces the previous Agreement which the EU court ruled was on the wrong legal basis

3. Text of letter from the US Department of Homeland Security on their "interpretation" of "certain provisions" of the "Undertakings" of 11 May 2004
This letter from the USA re-interprets parts of the "Undertakings" agreed in 2004 and which still form part of the Agreement.

See: Statewatch critique: EU-USA PNR agreement renegotiated to meet US demands - when the law changes in the USA so too does access to data and how it is processed

4. Council reply to the US letter
The Council's reply to the US Department of Homeland Security says that the USA's "commitments" to implement the "Undertakings" allows the EU to declare there is an "adequate level of data protection" - but is this statement based on the 2004 "Undertakings" or their new "interpretation" by the USA?

5. US Undertakings attached to agreement, 2004

6. On 11 October the European Parliament plenary session debated the new Decision and Agreement: Abstracts from speakers who intervened on behalf of their groups

For full background documentation and history, see Statewatch's Observatory on the exchange of data on passengers (PNR) with the USA

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