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Honorable Members of the Parliament,
Thank you for the opportunity to make a statement on the issue of Mexico and Passenger Name Record data.
I wish to first state that the Commission has always been committed to finding a legally sound European solution to the issue of transmitting PNR data for flights between the EU and Mexico.
Mexico has had legislation in force since November 2012, requiring all air carriers operating flights to and from Mexico to transmit PNR data. The competent authority in Mexico was therefore under the obligation, from that date onwards, to impose fines on those air carriers that do not transmit PNR data.
Mexico tells us that EU carriers are the only ones not providing PNR data to the Mexican authorities. However, the Mexican legislation has not yet been enforced with regard to EU traffic because the Commission has asked the competent authority in Mexico to postpone the imposition of fines on several occasions. But the competent authority in Mexico made it clear earlier this year that the final deadline for transferring PNR data was 1 April 2015.
At this point it is important to mention the Parliament’s decision in November last year, to seek the opinion of the Court of Justice on whether the draft PNR agreement with Canada is compatible with the EU Treaties. This opinion is not expected before the end of the year.
The Commission therefore sought a further postponement of 1 April 2015 deadline until such time as the Court of Justice issues its opinion. The competent authority in Mexico finally agreed to postpone the deadline until 1 July 2015 provided that the EU commits to start formal negotiations with a view to an agreement.
I therefore, as soon as possible, intend to suggest to the College of Commissioners that the Commission requests a mandate from the Council to formally open negotiations for a PNR agreement between the EU and Mexico.
It is clear that we will need to take into account the criteria and standards set out in the Court of Justice’s ruling on Data Retention of April 2014.
This approach has been welcomed by Mexico and has enabled the Commission to secure the postponement of the sanctions from 1 April to 1 July 2015. The Commission should have a Council mandate to start negotiating before the 1 July 2015.
I have made it clear that negotiations on a PNR agreement with Mexico cannot be finalised before the Court of Justice has issued its opinion on the draft PNR agreement with Canada. The Mexican authorities are aware that this is the case.
I have and will continue to keep the Parliament informed. I wrote to the Chairman of the LIBE Committee, Mr Moraes, before 1 April to inform him about the steps I intended to take to resolve this situation of conflict between the laws of Mexico and the EU.
I am thankful that today, you have given the Commission the chance to update you on the matter. And I will inform you once the College has taken decision to recommend adoption of the mandate.
Thank you very much.