and user-friendly way with each other, with Europol, or with third parties that have a
cooperation agreement with Europol. The active use of information exchange instruments
also needs the right interface between the EU's tools and national law enforcement
systems, such as Single Points of Contact. Member States must put the right structures
in place at national level to integrate and coordinate the work of the relevant authorities.
Tracking the movements of offenders is key to disrupting terrorist and criminal networks.
It is now urgent that the co-legislators finalise their work on the establishment of an EU
Passenger Name Record (PNR) system for airline passengers that is fully compatible
with the Charter of Fundamental Rights while providing a strong and effective tool at EU
level. Analysis of PNR information provided at the time of booking and check-in helps to
identify high risk travellers previously unknown to law enforcement authorities. PNR
data has proven necessary to identify high risk travellers in the context of combatting
terrorism, drugs trafficking, trafficking in human beings, child sexual exploitation and
other serious crimes. Once adopted, the PNR Directive will ensure better cooperation
between national systems and reduce security gaps between Member States. Common
risk indicators for the processing of PNR data will help to prevent criminals escaping
detection by travelling through another Member State. Europol and Frontex can again
play a key role in developing and distributing such risk indicators on the basis of
information received from Member States.
The EU has concluded PNR agreements with the United States, Canada and Australia.
Such cooperation has real added value in identifying and apprehending foreign terrorist
fighters, drug traffickers or travelling sex offenders. The Union’s future approach to the
exchange of PNR data with non-EU countries will take into account the need to apply
consistent standards and specific fundamental rights protections. Once the European
Court of Justice has issued its opinion on the draft PNR Agreement with Canada, and
based on the Court's conclusions, the Commission will finalise its work on legally sound
and sustainable solutions to exchange PNR data with other third countries, including by
considering a model agreement on PNR setting out the requirements third countries have
to meet to receive PNR data from the EU.
Common rules on data protection will enable law enforcement and judicial authorities
to cooperate more effectively with each other, as well as building confidence and
ensuring legal certainty. Agreement by the end of 2015 on the Data Protection reform as
a whole is key, and particularly on the proposal for a Data Protection Directive for police
and criminal justice authorities. In addition, the European Union is negotiating with the
United States government an international framework agreement (“Data Protection
Umbrella Agreement”) in order to ensure a high level of protection of personal data
transferred between the EU and the US for the prevention, detection, investigation and
prosecution of criminal offences, including terrorism.
Communications data can also contribute effectively to the prevention and prosecution
of terrorism and organised crime. Following the judgment of the European Court of
Justice on the Data Retention Directive16, the Commission will continue monitoring
legislative developments at national level.
Fighting criminal organisations active in several EU countries also requires information
exchange and cooperation between judicial authorities. 26 Member States are using the
European Criminal Records Information System (ECRIS), which allows for
information exchange on previous convictions for EU nationals. However, it does not
16
Judgment of the European Court of Justice of 8 April 2014, quoted above.
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