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European Justice Ministers reach agreement on EU Passenger Name Record proposals

· Agreement on Passenger Name Record Directive reached;
· Progress made in relation to counter terrorism measures;
· Agreement reached on Automated Data Exchange Process to allow for enhanced information exchange between police forces.

The Minister for Justice and Equality, Frances Fitzgerald TD is in Brussels today for a meeting of Justice and Home Affairs Ministers where agreement on proposals for an EU Passenger Name Record (PNR) Directive which will form part of the EU's response to fighting terrorism has been reached.

Speaking following today's meeting Minister Fitzgerald stated, "We all agree on the importance of this Directive and I like many of my counterparts have been actively engaging with Parliamentarians to drive home the message that achieving an effective, workable and ambitious PNR agreement is key in the fight against terrorism and organised crime.

"Negotiations with the Parliament to reach agreement on this measure have been ongoing sine 2012 and it has become even more evident in recent months that this measure is needed and is needed now. We have a good agreement and we should now move to focusing on its implementation.

"I commend the Luxembourg Presidency for their efforts and I recognise that bringing these proposals to a successful conclusion was not an easy task."

In addition to reaching agreement on the PNR Directive and as part of the fight against terrorism Ministers discussed the progress made in relation to the measures identified previously by the Council to counter terrorism. Ministers reinforced the commitment of the Council to addressing the issues of intelligence and information sharing, tackling the illegal trade in firearms, and countering terrorist financing and to introducing an enhanced coordinated response by the EU to address the issue of aviation security.

The Minister noted that the programme of actions to support the fight against terrorism set by the Council is necessarily ambitious. Commenting on the Council discussions the Minister stated,"Protecting our citizens is our priority and all of the issues identified will remain at the top of our agenda. We must all ensure that progress continues to be made in their implementation."

Minister Fitzgerald also joined with Ministers from France, Germany, Finland, and Spain and with EUROPOL to agree a pilot project that will seek new ways of enhancing information exchange between police forces. The Automated Data Exchange Process (ADEP) will test a system allowing for the automatic querying of other Members States' databases on a 'hit/no hit' basis. Where there is a 'hit', existing forms of exchange can be used to seek the information. No real data will be exchanged during the initial pilot phase, which is aimed at testing the technological processes involved. The Minister said, "Ireland is well-known among our EU partners for promoting policing cooperation and this is another example. I am happy to support the Garda Síochána's participation in this pilot scheme, which could have significant benefits down the line in relation to the efficiency of information exchange."

The Council also succeeded in reaching agreement on a proposal for a Regulation on the European Agency for Law Enforcement Cooperation and Training (Europol) which will: enhance the supply of information by Member States to Europol; increase its accountability; reinforce the data protection regime applicable to it and improve the governance of the agency.

ENDS.../


Note to Editors

Proposal for a Directive of the Council and the European Parliament on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (PNR Directive)

The Commission presented a proposal for an EU Passenger Name Record (PNR) Directive on 2 February 2011. The Stockholm Programme, agreed in December 2009, included a commitment to look at the establishment of an EU PNR system and the Commission was invited by the JHA Council to bring forward a revised proposal.

The proposed Directive will oblige air carriers to transfer PNR data of passengers on international flights (in and out of the EU) to the Member States of arrival or departure. The proposed Directive also allows for the transfer of PNR data of passengers on intra-EU flights and the Council has agreed on a draft declaration signalling its intent to make use of this provision. PNR data is information relating to passengers and their travel which is collected and held by air carriers.


Regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA (Europol Regulation)

Europol is the EU's law enforcement and criminal intelligence agency. In March 2013, the Commission submitted a proposal for a Regulation on the European Agency for Law Enforcement Cooperation and Training (Europol) repealing the existing pre-Lisbon Decisions on Europol.

The European Police Office (Europol) was established in the first instance on 26 July 1995 by a Convention, the only instrument available at that point in time under the Maastricht Treaty. Europol needed to be governed by a more effective legal instrument that would enable it to respond more rapidly in its fight against crime. As a result of the entry into force of the Treaty of Amsterdam, the European Police Office was to be restructured as an EU Agency, complete with a Community budget and staff. With this in mind, on 6 April 2009 the Council adopted its Decision establishing the European Police Office and repealing the former Europol Convention.

The entry into force of the Lisbon Treaty on 1 December 2009 brought with it recognition of the European Parliament’s co-decision powers. Article 88 of the Treaty on the Functioning of the European Union states that the European Parliament and the Council shall determine, by means of a Regulation adopted in accordance with the ordinary legislative procedure, Europol’s structure, operation, field of action and tasks. Europol’s mission, as stipulated in Article 88 is: ‘to support and strengthen action by the Member States’ police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.’ Europol facilitates the exchange of information between Member States’ law enforcement authorities and provides criminal analysis to help national police forces carry out cross border investigations.