Appendix
The Introductory Statement of Commissioner Malmström
Madam President, ladies and gentlemen, I am here tonight to inform you about the actions I have decided to take following the press allegations about the possible access of the US National Security Agency (NSA) to the data exchange through the EU-US Terrorist Finance Tracking Programme (TFTP) Agreement.
On 24 September I met many of you in the LIBE Committee and informed you about the ongoing efforts to follow up on this matter, which is of course of great concern. The discussions in LIBE were helpful and confirmed the need to clarify a number of issues.
Since the first allegations appeared in the press, as I told you then, I have immediately taken action. In July, I sent a first letter to my US counterpart, and on 11 September I called on the Under-Secretary for the Treasury Department, Mr Cohen, and told him that I was waiting for substantial information on the alleged tapping. The next day I also sent him a letter, in which I requested the opening of consultations under Article 19 of the TFTP Agreement. As you know, this is the procedure that is regulated in the agreement in case there are questions or things that need to be clarified.
In reply to my letter—and I shared the letter with the LIBE committee on 23 September—the US Authority provided some explanations. But several important questions remained unanswered. I therefore, this Monday, met with Under-Secretary Cohen in Brussels and I appreciate that he came despite the budgetary constraints. We had open and very long discussions and he clarified a number of points.
During that meeting, Under-Secretary Cohen explicitly confirmed that since the entry into force of the TFTP Agreement the US Government has not collected financial messaging from SWIFT in the EU. He also said that the US Government has not served any subpoenas on SWIFT in the EU during that period. I insisted to have that very important confirmation statement confirmed in writing.
We also discussed in some detail the established channels through which the US does obtain financial information in SWIFT format used by financial institutions worldwide. Also on this, I asked for further explanations in writing, in order to be absolutely sure that these mechanisms do not conflict with the TFTP Agreement.
At this stage, therefore, our contacts with SWIFT and the US Government have not really given any evidence that the TFTP Agreement had been violated. Some further clarifications are, however, needed before we can draw full conclusions. Concluding the consultations with the US remains on the top of my agenda and also for my staff and we intend to do our best to get all information needed in the very near future.
Of course, I will make sure that you are fully informed about future developments at the outcome of these consultations.
Statement of Brigit Sippel, Speaking on Behalf of the S & D Group
(translated from the original German, in line with the immediate interpretation provided at the time of the debate)
Madam President! Mrs Malmström, but I want to remind you once again that before the recent revelations there were already problems with the implementation of this Agreement. And secondly, I should remind you once again that long before the current agreement was in force, the USA was using SWIFT data on servers, and this fact is then made manifest only through media reports.
The current media reports of very serious allegations, however, put the agreement in my view, actually into question. You yourself mentioned the letter to David Cohen, and the wording of the answer is indeed very remarkable, namely: the Terrorist Finance Tracking Programme is a good thing to get to SWIFT data that you just will not get any other way. What other means is he talking about? And also the additional indication that since the agreement is no data has been taken from SWIFT in Europe—yes, but they can actually get it from third countries perhaps by SWIFT, or who knows!
That would mean to me that this Agreement cannot be continued.
Our colleague Díaz de Mera said we must not act hastily here. The criticism of the Agreement and the reports in the media are not only since yesterday on the table/they simply cannot be brushed under the carpet! I want to come back to what the Commission had promised us a long time ago, namely there would be a proposal on the extraction of data on EU territory! But there is still no proposal, and that is a cause for criticism. So now we act hastily if we suspend the Agreement? No!
If we had evidence, then we would not be suspending the Agreement, but we’ll be cancelling it. Now we need to suspend the agreement now in order to have the opportunity to intensively investigate and also exercise pressure on the USA to bring evidence on whether or not a violation has occurred. In the meantime, we must not allow our names to be given to an agreement that allows for EU citizen data to be abused!