Ref. Ares(2021)7711516 - 14/12/2021
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
DG HOME
Tables des matières
1. PNR
2. Defensive briefing on visa free
3. Radicalisation
4. Europol
5. Biography
6. Background: Country fiche
Date : 07/02/2013
2/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
1 PNR
Objective
Get more details about the new PNR legislation in UAE, in particular with regard
to the timing of its entry into force.
Give a state of play of the discussions on the EU PNR proposal. Indicate that,
once it is adopted, UAE carriers will be required to transmit PNR data to EU MS
authorities
Indicate that to avoid having to negotiate PNR agreement with every third
country, the EU is considering legislation on PNR transmitted to third countries
which would replace bilateral negotiations between EU and third countries.
Scene setter
In January 2013, the UAE authorities wrote to the Commission asking for bilateral
discussions with the EU. They wish to ensure that passenger data provided by EU
airlines comply with the highest international standards.
The letter also said that airlines operating to UAE were informed already in
November 2012 about the UAE's intention to deploy a state of the art border
management system. This system would involve capturing and processing both
API and PNR data.
The UAE authorities say that they are working with SITA to use the same solution
that was used for the EU-Canada PNR agreement.
UAE Civil Aviation Authorities are responsible for implementing PNR legislation.
The TTE (Transport) Council adopted conclusions in December 2012 which
acknowledged Commission's intention to engage in an aviation dialogue with the
Gulf States. PNR discussions could be part of this dialogue.
Once the EU PNR proposal is adopted carriers operating flights from and to UAE
(as well as other third countries) will be required to transmit the PNR of their
passengers to the relevant MS law enforcement authorities. It is therefore
important to inform UAE of this prospect and obtain a reaction from them on
whether there would be any obstacles to their carriers transmitting the data.
Date : 07/02/2013
4/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
Line to take
Welcome that the UAE authorities have contacted the Commission to
discuss their PNR rules that soon will enter into force.
Inform that the major concern of the EU is often data protection aspects.
The European Parliament usually questions the compliance of PNR
agreements with third countries with fundamental rights.
Therefore welcome that, as indicated by the UAE Civil Aviation Authorities,
UAE PNR legislation will comply with European Parliament's resolution
from 2010 on PNR agreements with third countries and with the
Commission's Communication on PNR from 2010.
On 2 February 2011, the Commission presented a proposal for a Directive
on the use of PNR data to prevent, detect, investigate and prosecute
terrorist offences and serious crime.
This means that, once the proposal is adopted, all carriers operating flights
in and out of the EU will have to send the PNR data of their passengers to
the relevant MS law enforcement authorities.
The proposal is currently being discussed by the European Parliament.
PNR could be part of a wider dialogue with the Gulf States on aviation
matters. This dialogue has not yet started yet.
In the future, EU may seek alternatives to negotiate PNR agreements with
every third country.
One possibility could be a legal instrument setting the requirements for
transmitting PNR data to third countries.
Date : 07/02/2013
5/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
Background information
PNR in UAE
The UAE Civil Aviation Authorities are responsible for implementing the PNR
legislation. In a letter dated 14 January 2013 they asked the Commission
(Baldwin/MOVE.E) for a meeting to inform about their PNR system. Airlines operating
to UAE were informed in November 2012 about the intention to introduce a system
that would capture and process API and PNR data.
Discussions on PNR could be part of a wider discussion on aviation matters with the
Gulf States. The TTE (Transport) Council adopted conclusions on 20 December 2012
that mentioned this dialogue:
"28. CONSIDERS that a tailored EU approach is now particularly appropriate in
relation to Turkey, India, Russia, certain Gulf countries, ASEAN, and at the earliest
opportunity to China, and therefore:
…
Taking note of the market developments in recent years between individual
EU Member States and the Gulf countries identified in the Commission's
Communication,
ACKNOWLEDGES the Commission's intention to engage in a dialogue with
those countries, with a view to enhancing transparency and safeguarding fair
competition;
…"
The main issue in this dialogue would be the increased competition from airlines
based in the Gulf States and competitive advantages of being based there.
UAE have the intention to comply with the Parliament's resolution of 5 May 2010 on
the launch of negotiations for Passenger Name Record (PNR) agreements with the
United States, Australia and Canada. Paragraph 9 of the resolution considers that a
PNR agreement with a third country should meet the following minimum
requirements:
(a) PNR data may only be used for law enforcement and security purposes in cases
of organised and transnational serious crime or terrorism of a cross-border
nature, on the basis of the legal definitions laid down in Council Framework
Decision 2002/475/JHA of 13 June 2002 on combating terrorism and in Council
Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest
warrant;
(b) the use of PNR data for law enforcement and security purposes must be in line
with European data protection standards, in particular regarding purpose
limitation, proportionality, legal redress, limitation of the amount of data to be
collected and of the length of storage periods;
(c) in no circumstances may PNR data be used for data mining or profiling; no ‘no-
fly’ decision or decision to investigate or prosecute may ever be taken on the
Date : 07/02/2013
6/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
sole results of such automated searches or browsing of databases; use of data
must be limited to specific crimes or threats, on a case-by-case basis;
(d) in the case of the transfer of PNR data of EU citizens to third countries, the
terms of such transfers shall be laid down in a binding international treaty,
providing legal certainty and equal treatment for EU citizens and companies;
(e) the onward transfer of data by the recipient country to third countries shall be
in line with EU standards on data protection, to be established by a specific
adequacy finding; this will apply equally to any possible onward transfer of
data by the recipient country to third countries;
(f) PNR data may only be provided on the basis of the PUSH method;
(g) Results will immediately be shared with the relevant authorities of the EU and
of the Member States;
International PNR
The discussions on finding a solution at EU level for the transfer of API data to third
countries seem to point towards a unilateral instrument allowing the data transfers to
take place. These discussions could be used also to examine possible unilateral
solutions for the transfer of PNR data to third countries. A unilateral approach would
be in line with the principles outlined in the 2010 Communication.
A unilateral approach seems like the preferred option at the moment. It would be
based on a separate legal instrument, which authorises the transfer of PNR data and
which may outline the conditions to be respected by third countries, in line with
those outlined in the 2010 Communication.
EU PNR
The Stockholm programme called upon the Commission to present an EU PNR
proposal to prevent, detect and investigate terrorism and serious crime. On 2
February 2011 the Commission adopted a new proposal for a Directive on the use of
PNR data to prevent, detect, investigate and prosecute terrorist offences and serious
crime. A new Impact Assessment was also adopted for this proposal.
The main aspects of the proposal are the following:
purpose limitation: terrorist offences and serious crime
geographical scope: international flights – review on intra-EU flights to be done 2
years after the adoption of the instrument
sensitive data: absolute prohibition to their use
period of data retention: 30 days in full use and 5 years in a depersonalised
database. Re-personalisation of the data permitted if there is a specific
investigation
data protection: the right of access, rectification, erasure, compensation, redress,
data security and confidentiality of processing are taken from the Framework
Decision of Data Protection. Oversight will be exercised by the national
supervisory authority established by the Framework Decision of Data Protection.
Date : 07/02/2013
7/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
transfers to third countries: permitted but under very strict conditions
transfers to private entities: absolute prohibition
The Council adopted a common approach on the file on 26 April 2012. The common
approach is very close to the original commission proposal with 2 main changes: (i)
voluntary inclusion of targeted intra-EU flights, (ii) extension of the fully personalised
period of retention from 30 days to 2 years.
In the Parliament, LIBE is the lead committee. Mr Kirkhope (ECR/UK) is the
rapporteur. LIBE has not voted yet. The rapporteur is very favourable to the proposal
and has the support of the EPP. However, the other political groups aim to
substantially limit the scope of the proposal while GUE, Greens and NI suggest to
reject the proposal altogether (apparently several ALDE and S&D members are
inclined to support this). The rapporteur finds it therefore very difficult to find
majority for the compromise amendments and is wary of putting the proposal to a
vote, fearing a negative vote in LIBE will lead to a rejection of the proposal in the
plenary vote. At the same time, some MEPs are trying to link the discussions on this
proposal with the discussions on the data protection framework.
Date : 07/02/2013
8/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
2. Only if raised: Defensive briefing on visa free
Pages 9 to 11 have been deleted.
Date : 07/02/2013
9/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
3. Radicalisation – GCTF Center of Excellence on Countering
Violent Extremism (CVE)
Pages 12 to 14 have been deleted.
Date : 07/02/2013
10/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
4. Europol
In case asked about cooperation with Europol:
The Management Board of Europol agreed in its 84th
meeting in October 2012 to recommend the inclusion of
the UAE on the Council list of third countries with which
Europol can engage in negotiations.
The Council decided that the Parliament, though not
legally required under the current legislation (but
politically advisable), should be consulted on the
opening of the list.
The Parliament's opinion is now required before the
Council can give its green light to add UEA to the
Council list.
The Commission awaits the outcome of the inclusion
process. UAE need to be aware of the need to
demonstrate that they possess an adequate data
protection regime so as to allow for the possibility of
one day either Europol or the Commission to conclude
an agreement with them.
(A3,
)
Date : 07/02/2013
11/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
Date : 07/02/2013
13/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
UAE views on key foreign policy issues
UAE has recently shown willingness to participate in contentious causes on the side
of the West: it is a
strong US ally and in Afghanistan the only Arab country
undertaking full-scale operations. It was the only Muslim country to participate in the
Kosovo peacekeeping force KFOR. UAE joined the coalition which carried out
military operations in
Libya on 24 March 2011. UAE contribution consisted of six F-
16 Falcon and six Mirage 2000 fighter jets.
In
Bahrain, UAE joined Saudi Arabia in spearheading the military GCC mission in
support of the government. Abu Dhabi is generally closely aligned with Riyadh. The
United Arab Emirates (UAE) and
Iran have enjoyed strong bilateral relations for
many years. In 2011, ties got strained by the UAE’s increased cooperation with the
international community in enforcing sanctions imposed against Iran. Relations were
also hampered by the Iran’s alleged support of Shia protestors in Bahrain and the
UAE’s denunciation of Iran’s activities. Both countries are members of OPEC, the
Non-Aligned Movement, and the Organization of the Islamic Conference and have
cooperated extensively both inside and outside these multilateral forums. The UAE
are concerned about Iran’s nuclear programme and are ready to increase oil output in
support of EU’s sanctions.
Economy
Oil in Abu Dhabi and Dubai was historically the cornerstone of UAE's economic
development. Nowadays, only Abu Dhabi has considerable oil resources which are
also the pillar of its political power inside the UAE. Dubai successfully diversified
into a trade, financial, logistical and tourism hub. However, Dubai's high-fly
ambitions were dampened by the 2009 financial crisis and the need for a bail-out from
Abu Dhabi. The UAE federal budget is mainly financed by Abu Dhabi.
The UAE is also the leading nation within the Gulf in preparing for a post-oil
economy through renewable energy. In that vein, the Masdar initiative in Abu Dhabi
must be mentioned as the most ambitious sustainability programme ever launched by
a government. Masdar is partner in the EU-funded EU-GCC Clean Energy project.
EU – UAE relations
Formal relations between the EU and the UAE take place mostly in the context of the
1988 EU-Gulf Cooperation Council (GCC) Cooperation Agreement. Bahrain
currently holds the rotating Presidency of the Gulf Cooperation Council until
December 2013, (last GCC Summit took place in Manama on 24-25 December).
Date : 07/02/2013
15/17
Meeting with UAE Minister of
State for Foreign Affairs Dr
Anwar Gargash
Abu Dhabi, 11 February, 15:00
Negotiations for a new EU-GCC Free Trade Agreement have been restarted in 2002.
Negotiations were suspended by the GCC in 2008. Informal contacts between
negotiators continue to take place.
The EU and the GCC have agreed on a
JAP (Joint Action Program) for 2010-2013 guiding their collaboration. A Second Joint Action Program 2013-2016 is currently
being considered. EU-GCC cooperation benefits from modest financial allocations
under the ICI instrument. Programs have so far focused on clean energy, academic
exchanges, public diplomacy, and business cooperation.
The
GCC Secretariat is based in Riyadh. Its Secretary General is Abdullatif bin
Rashid Al Zayani, a Bahraini national. The GCC Ambassador in Brussels is Ms. Amal
Al-Hamad, a Kuwaiti national.
The next EU-GCC
Joint Cooperation Committee will be held in Brussels on 23-24
April 2013. The 23rd annual Ministerial EU-GCC meeting should be held in Manama,
Bahrain on 1 July 2013 (usually co-chaired by the HRVP).
The EU Head of Delegation in Riyadh (covering all six GCC countries) is
Mr. Adam
Kulach since 2012.
The EU will open its
second Delegation in the Gulf in the UAE (Abu Dhabi) in
2013. In addition, the UAE will host a European Union CBRN (chemical,
bacteriological, radiological and nuclear threats) Centre of Excellence. This initiative
is funded by the EU instrument for Stability and the aim at developing, at national and
regional levels, the necessary institutional capacity to fight against the CBRN risk.
Contact:
; EEAS Arabian Peninsula, tel. +
, EEAS Arabian Peninsula, tel. +
30 January 2013
Date : 07/02/2013
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