Ref. Ares(2021)7711516 - 14/12/2021
EUROPEAN COMMISSION
DG HOME
Directorate D2
International Affairs
Brussels, 12 February 2013
Defensive Briefings on Home Affairs issues
EU-UAE and EU-KSA CT Dialogues
Briefing for the Managing Director
Ms Mara Marinaki
Briefing dossier written
(DG HOME D2
)
CT political dialogues with KSA
and UAE
DG HOME
Tables des matières
1. UAE: Visa cooperation
2. UAE: PNR
3. UAE: Radicalisation
4. KSA: Visa cooperation
Date : 12/02/2013
2/10
CT political dialogues with KSA
and UAE
UAE: Defensive briefing on visa free
Pages 3 and 6 have been deleted.
Date : 12/02/2013
3/10
CT political dialogues with KSA
and UAE
UAE: PNR
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 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.
The issue was discussed between DG Stefano Manservisi and UAE Minister of
State for Foreign Affairs, Dr Anwar Gargash (AG), on 11 February 2013. On that
occasion, Mr Manservisi requested more information on planned UAE rules on
PNR. He explained that the UAE requirements would also have an influence on
the perspectives for the country's Annex II visa free inclusion.
Date : 12/02/2013
4/10
CT political dialogues with KSA
and UAE
Line to take
Note that the issue has been raised directly with the European
Commission [incl. on the occasion of a meeting between DG Manservisi
and Minister Gargash on 11 February], which is currently studying the
request.
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.
The European Commission is about to start discussions on the new PNR
regime with the relevant UAE authorities, with the aim in particular to
receive more information on this and other matters.
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 : 12/02/2013
5/10
CT political dialogues with KSA
and UAE
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
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;
Date : 12/02/2013
6/10
CT political dialogues with KSA
and UAE
(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.
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)
Date : 12/02/2013
7/10
CT political dialogues with KSA
and UAE
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.
(DG HOME A3
Date : 12/02/2013
8/10
CT political dialogues with KSA
and UAE
3.
UAE: Radicalisation – GCTF Center of Excellence on
Countering Violent Extremism (CVE)
Pages 11 and 13 have been deleted.
Date : 12/02/2013
9/10
CT political dialogues with KSA
and UAE
4.
KSA: Defensive briefing on visa free
Pages 14 and 15 have been deleted.
HOMEC2/070213
Date : 12/02/2013
10/10