28 March 2011
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LEGAL SERVICE OPINION: Proposal for a Directive of the European Parliament and of the Council on the use
of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (6007/11) - Possible extension of the scope of the Directive to internal flights between EU Member States - Compatibility with the principle of free movement of persons and the Schengen Borders Code (Council doc. 8230/11, LIMITE, 28 March 2011, pdf)
"In conclusion, the Legal Service considers that the proposal for a Directive and the possible extension of its scope to cover all or some of the flights between Member States can be considered as compatible with the principle of the free movement of persons and with the Schengen Borders Code."
But:
"...for reasons of legal certainty and consistency between the proposal for a Directive and the existing acquis on the free movement of persons, including the Schengen area framework, wording should be added to the proposal stipulating that the processing and analysis of PNR data does not:
(a) impede the free movement of persons, whether citizens of the European Union and their family members or nationals of third States, in all territories of the Member States forming the Schengen area, as guaranteed by the Union acquis, incorporated in the Schengen Borders Code;
(b) jeopardise the right of entry of persons who enjoy the European Union right of freedom of movement in accordance with Directive 2004/38, whilst the measures taken following PNR data analysis must comply with Union acquis as laid down in Chapter VI of that Directive."
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