Considerations on COM(2010)316 - Conclusion of the Agreement with the USA on the processing and transfer of Financial Messaging Data from the EU to the US for purposes of the Terrorist Finance Tracking Program

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dossier COM(2010)316 - Conclusion of the Agreement with the USA on the processing and transfer of Financial Messaging Data from the EU to the US ...
document COM(2010)316 EN
date July 13, 2010
 
table>(1)By decision of 11 May 2010, the Council authorised the Commission to open negotiations on behalf of the European Union between the Union and the United States to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorism financing.
(2)In accordance with Council Decision 2010/411/EU of 28 June 2010 (1) the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (the Agreement) was signed on 28 June 2010, subject to its conclusion at a later date.

(3)The Agreement should be concluded.

(4)The Agreement respects the fundamental rights and observes the principles recognised in particular in the Charter of Fundamental Rights of the European Union, notably the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised in Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles.

(5)In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

(6)In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(7)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,