Dear Secretariat General of the European Commission,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, and by the CJEU Jurisprudence on access to documents I am requesting :
- the compliance assessment of the Transposition of the EU Directive on PNR (Directive (EU) 2016/681) carried out by "Milieu Law and Policy Consulting". It was completed on 5 September 2019 and covered the 23 Member States which notified full transposition of the Directive by 10 June 2019 (AT, BE, BG, CY, CZ, DE, EE, EL, FR, HR, HU, IE, IT, LT, LU, LV, MT, PL PT, RO, SE, SK, UK).
- the complementary assessment (if it has been completed) of the same "Milieu Law and Policy Consulting" dealing with transposition measures adopted by FI, NL and SI.
Thanks in advance
Emilio De Capitani
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Dear HOME NOTIFICATIONS D1,
Firstly I thank you for your reply to my request of Access to "Milieu Law and Policy Consulting" reports dealing with the transposition of the EU-PNR Directive by the Member States. I had already the chance to read the Commission public Reports that you have attached to your reply but it is because of the lack of precise information’s in that Reports on the current situation in the Member States that I have submitted my initial request to "Milieu Law and Policy Consulting" reports which are the Background documents of the Commission’s Reports. I am notably interested in further information dealing with the legal, administrative and operational aspects of the transposition of the EU Directive in each member State as well as on the figures showing the real impact and the added value of this very invasive EU measure, from a judicial and police cooperation perspective (as required by the legal basis of the Directive).
Unfortunately these information are lacking in in the Commission's reports are also lacking at least the figures of the "suspicious" passengers which, after a secondary human screening resulted to be connected to terrorism and other serious crimes and for this reason have been arrested and submitted to a judicial trial.
These information still being missing I hereby submit my confirmatory application of having access to Milieu Law and Policy Consulting Reports.
Referring to the exceptions you raised in your reply my observations are the following:
"Protection of court proceedings" : I am perfectly aware that several preliminary rulings dealing with the EU-PNR Directive are pending but this exception may be applicable to the Member States whose legislation implementing the Directive is under scrutiny not for the other Member States which, according to your report have rightly implemented the EU Directive (Italy ? France ? Spain ? Portugal? Hungary? Poland ? ...)
I would then be interested in receiving the information dealing at least with the Countries whose national legislation is not currently covered by this exception
"Protection of the purpose of investigations" : as indicated above I am not asking for the information dealing with the EU Countries which are currently under investigations or Court Cases but only with the EU Countries which according to your own report have correctly implemented the EU Directive.
"Protection of the decision making process": sincerely, I don't understand to which decision making process you are referring to. If, as it seems, you are referring to the possible revision of the EU PNR directive the information on the national implementation of the current EU PNR directive are of the same nature of the information collected by the European Commission when preparing an impact assessment for a new legislative measure. As such, these pre-legislative information should be accessible to the EU Citizens as recently stated on 4 September 2018 In Case C‑57/16 P, by the Court Of Justice (Grand Chamber) Client Heart v European Commission.
Moreover I have to say that I have been quite surprised by your statement according to which : "The Commission has taken utmost care in upholding this confidential character, to the extent that the documents has not even be shared with the Member States themselves. Revealing the requested documents would erode the atmosphere of mutual trust in the context of the ongoing work to ensure the full implementation of the EU PNR mechanism. "
May I stress that the transposition in national law of an EU measure which in my opinion is still extremely vague, recognize a wide marge of appreciation to the national legislature but which has an extremely important impact on the fundamental rights of millions of EU Citizens should not be treated as confidential. As things currently stand in the PNR case only national rules are the ones giving precise content and scope to the limitations of EU citizens freedoms. Maintaining a blurred picture on what is happening in each EU Member State goes against the principle of legal certainty and risk to hamper the mutual trust between the Member States themselves (also because prevent them form raising a Court case against a possible misgivings by another Member State).
In any case as an ordinary Citizen I want to be reassured that the EU PNR Directive is not a general surveillance measure jeopardizing the essence of the EU Fundamental Right to protection of personal data and because of this I am asking to have access to information and documents that hopefully can show what is really happening in the EU in this domain.
Emilio DE CAPITANI
11 Rue Darwin
EMAIL : [email address]
Phone : +32.698983242