2018/2061(INI)

Proposal to open negotiations on the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the EU and Turkey on the exchange of personal data between Europol and the Turkish competent authorities for fighting serious crime and terrorism

Procedure completed

2018/2061(INI) Proposal to open negotiations on the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the EU and Turkey on the exchange of personal data between Europol and the Turkish competent authorities for fighting serious crime and terrorism
RoleCommitteeRapporteurShadows
Opinion AFCO
Opinion AFET
Opinion BUDG
Opinion CONT
Lead LIBE MORAES Claude (S&D) METSOLA Roberta (EPP), STEVENS Helga (ECR), PETERSEN Morten Helveg (ALDE), ERNST Cornelia (GUE/NGL), TERRICABRAS Josep-Maria (Verts/ALE)
Lead committee dossier: LIBE/8/12861
Legal Basis Rules of Procedure EP 108
Subjects
Links

Activites

  • 2018/07/04 Decision by Parliament, 1st reading/single reading
    • T8-0296/2018 summary
  • 2018/06/27 Committee report tabled for plenary, single reading
    • A8-0233/2018 summary
  • 2018/06/20 Vote in committee, 1st reading/single reading
  • 2018/06/14 Committee referral announced in Parliament, 1st reading/single reading
  • 2017/12/20 Non-legislative basic document published
    • COM(2017)0799 summary
    • DG {u'url': u'http://ec.europa.eu/info/departments/migration-and-home-affairs_en', u'title': u'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris

Documents

  • Non-legislative basic document published: COM(2017)0799
  • Committee report tabled for plenary, single reading: A8-0233/2018
  • Decision by Parliament, 1st reading/single reading: T8-0296/2018

Votes

A8-0233/2018 - Claude Moraes - résolution

2018/07/04
Position Total ALDE ECR EFDD ENF GUE/NGL NI PPE S&D Verts/ALE correctional
For 538 59 56 15 25 2 12 193 176 0 0
Against 110 0 7 18 7 28 5 0 1 44 0
Abstain 24 3 0 1 0 14 1 1 2 2 0

History

(these mark the time of scraping, not the official date of the change)

2018-09-12
activities/3/docs/0/text added
  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Republic of Turkey on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Turkish competent authorities for fighting serious crime and terrorism.

    The report stated that there are major concerns about respect for fundamental rights in Turkey, in particular as regards the freedom of expression, the freedom of religion, and the right not to be subject to torture or inhumane treatment. It stressed that a prerequisite for launching the negotiations is that Turkey fulfil its horizontal obligation of full, effective and non-discriminatory cooperation with all Member States on justice and home affairs issues, including with Cyprus.

    Consequently, Members considered that due caution is needed while defining the negotiating mandate for an EU-Turkey agreement. They called on the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement.

    The report insisted that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law. If such level cannot be guaranteed both in law and in practice, the agreement cannot be concluded.

    In particular, the Agreement shall contain:

    • strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
    • a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period;
    • data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection;
    • a clear definition of the categories of offences for which personal data shall be exchanged;
    • a monitoring mechanism to be subject to periodic assessments.

    Members insisted on the need to:

    • expressly indicate that onward transfers of information from the competent authorities of Turkey to other authorities in Turkey can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol. To this end, an exhaustive list of the competent authorities in Turkey to which Europol can transfer data should be drawn up. Any modification to such a list that would replace or add a new competent authority would require a review of the international agreement;
    • expressly indicate that onward transfers of information from the competent authorities of Turkey to other countries are prohibited and would result in the immediate ending of the international agreement.

    Taking into account Turkey's different societal characteristics and cultural background compared to the EU and the fact that criminal acts are defined differently in the EU than in Turkey, Members considered that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning a person’s health and sex life should only take place in very exceptional cases and be subject to clear safeguards for the data subject and persons linked to the data subject.

    Lastly, the report stressed that the European Parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure.

activities/4/docs added
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0296
    text
    • The European Parliament adopted, by 538 votes to 110, with 24 abstentions, a resolution on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and Turkey on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Turkish competent authorities for fighting serious crime and terrorism.

      Assessing the risks: Parliament considered that the necessity of the cooperation with Turkey in the field of law enforcement for the European Union’s security interests, as well as its proportionality, needs to be properly assessed and called on the Commission, in this context, to conduct a thorough impact assessment.

      The resolution stated that there are major concerns about respect for fundamental rights in Turkey, in particular as regards the freedom of expression, the freedom of religion, and the right not to be subject to torture or inhumane treatment. It stressed that a prerequisite for launching the negotiations is that Turkey fulfil its horizontal obligation of full, effective and non-discriminatory cooperation with all Member States on justice and home affairs issues, including with Cyprus.

      Consequently, Members considered that due caution is needed while defining the negotiating mandate for an EU-Turkey agreement. They called on the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement.

      Ensuring equivalent protection: full consistency with Articles 7 and 8 of the Charter of Fundamental Rights and with the other fundamental rights and freedoms enshrined in the Charter should be fully ensured in the receiving third country to which it is addressed. Parliament insisted that the level of protection resulting from the agreement should be substantially equivalent to the level of protection offered by Union legislation. If such a level of protection cannot be guaranteed, both in legislation and in practice, the agreement should not be concluded.

      In particular, the Agreement shall contain:

      • strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
      • a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period;
      • data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection;
      • a clear definition of the categories of offences for which personal data shall be exchanged;
      • a clear reference to the name of the independent supervisory authority in charge of supervising the implementation of the international agreement;
      • a monitoring mechanism to be subject to periodic assessments.

      Members insisted on the need to:

      • expressly indicate that onward transfers of information from the competent authorities of Turkey to other authorities in Turkey can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol. To this end, an exhaustive list of the competent authorities in Turkey to which Europol can transfer data should be drawn up. Any modification to such a list that would replace or add a new competent authority would require a review of the international agreement;
      • expressly indicate that onward transfers of information from the competent authorities of Turkey to other countries are prohibited and would result in the immediate ending of the international agreement.

      Sensitive data: taking into account Turkey's different societal characteristics and cultural background compared to the EU and the fact that criminal acts are defined differently in the EU than in Turkey, Parliament considered that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning a person’s health and sex life should only take place in very exceptional cases and be subject to clear safeguards for the data subject and persons linked to the data subject.

      Lastly, the resolution stressed that the European Parliament’s consent to the conclusion of the agreement shall be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure.

    type
    Decision by Parliament, 1st reading/single reading
    title
    T8-0296/2018
activities/4/type changed
Old
Vote in plenary scheduled
New
Decision by Parliament, 1st reading/single reading
procedure/stage_reached changed
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Procedure completed
2018-06-29
2018-06-28
2018-06-23
2018-06-19

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