Parliament stressed that security measures should always be pursued in accordance with the protection of
fundamental rights. As regards EU agreements with non-EU countries, the TFTP has remained controversial.
After having initially rejected the EU-US TFTP Agreement amid concerns for privacy, proportionality and
reciprocity (see section 3.3), the Parliament once again questioned this agreement in the light of Edward
Snowden's revelations on the alleged practices of the US government (in particular the NSA) related to mass
surveillance, which included data extracted from the SWIFT database. It did so in its October 2013 resolution
on the suspension of the agreement, then in its March 2014 resolution on the electronic mass surveillance
of EU citizens, and then again in its follow-up resolution from October 2015. These resolutions go hand in
hand with increasing demands of some MEPs for more transparency related to TFTP-related negotiations
and implementation.
10.2. MEPs' questions
The questions addressed to the European Commission during the current legislature can be clustered around
three key areas: EU cooperation related to exchange of information; data protection and security in data
processing; latest initiatives as regards the regulation of bitcoins and cash for AML/CTF purposes.
The development of financial investigations and intelligence at EU level has been supported by MEPs, first
and foremost in the field of ML/TF,
assets freezing and confiscation,
but also in relation to other serious
crimes, such as human trafficking or other criminal activities.
Inadequate implementation of the existing
requirements under the AMLD has been stressed by MEPs, including in relation to the proper application of
these requirements by the banking system
and in relation to the exchange of information, for which
Member States show a lack of willingness.
Some MEPs have also asked for clarifications concerning the
establishment of a European intelligence unit, contemplated by Commission President Jean-Claude Juncker
in his 2017 State of the Union speech.
In its reply, the Commission underlined the added value brought by
the existing European Counter Terrorism Centre (ECTC) (hosted by Europol) and confirmed that the
Commission was working 'towards a future European Intelligence Unit'.
The idea to extend to law enforcement authorities the right to handle personal data processing without
providing at the same time sufficient data protection safeguards, has nonetheless been questioned. The
issue of exchange of information in the absence of reasonable suspicion has notably been brought to the
attention of the Commission – in particular as regards the legal basis for such exchange as affects data
protection.
In its reply, the Commission recalled that the processing of personal data by law enforcement
is covered by EU legislation, including Directive 2016/680 that will soon enter into force. Also related to data
protection, several questions show recurrent concerns as regards the EU-US agreements, and notably the
Umbrella Agreement (see section 2.5).
In this regard, the Commission has specified that this agreement
sets high data protection standards for personal data transferred to the US. In 2016, concerns were also
raised as regards data breaches, in relation to reported leaks of sensitive information and data held by
Europol on a number of terrorism-related investigations.
In its reply, the Commission clarified that an
In 2012, the CJEU ruled on a complaint filed by Sophie in't Veld (ALDE) that certain classified documents related to the TFTP must be partly disclosed.
In 2013, a complaint to the EU's Ombudsperson Emily O'Reilly related to Europol's refusal to grant public access to a document related to the
implementation of the TFTP Agreement was also submitted. Following her inquiry, Mrs O'Reilly concluded that Parliament should ensure that any
future TFTP agreement, or any other similar agreements to be entered into in future, should contain a specific provision to ensure adequate scrutiny
of EU executive action by EU control bodies. See: M. Wesseling, An EU Terrorist Finance Tracking System, Royal United Services Institute for Defence
and Security Studies, September 2016.
See, inter alia: E-006947-15, 29 April 2015 (Aldo Patriciello, PPE); E-006045-16, 25 July 2016 (Mariya Gabriel, PPE); E-001855-17, 20 March 2017
(David Casa, PPE).
See, inter alia: E-015870-15, 16 December 2015 (Tomáš Zdechovský, PPE); E-008997-16, 30 November 2016 (Nuno Melo, PPE).
See, inter alia: E-010687-14, 12 December 2014, Roberta Metsola (PPE); E-007960-15, 19 May 2015, Ivan Jakovčić (ALDE).
E-001886-17, 21 March 2017 (Jeppe Kofod, S&D).
See, inter alia: E-000503-16, 25 January 2016 (Mariya Gabriel, PPE); E-003413-16, 27 April 2016 (Elissavet Vozemberg-Vrionidi, PPE); P-009145-16,
1 December 2016 (Gérard Deprez and Louis Michel, ALDE).
See, inter alia: E-005863-17, 21 September 2017 (Rachida Dati, PPE); E-006712-17, 27 October 2017 (Richard Sulík, ECR);
E-000396-18, 24 January 2018 (Doru-Claudian Frunzulică, S&D).
P-004765-16, 9 June 2016 (Sophia in 't Veld, ALDE).
See, inter alia: E-007563-15, 11 May 2015 (Sophia in 't Veld, ALDE); E-008553-15, 28 May 2015 (Filiz Hyusmenova, ALDE); E-014190-15, 28 October
2015 (John Stuart Agnew, EFDD).
The breach concerned 21 messages containing data that dated back to 2009. See: E-009043-16, 30 November 2016 (Jeroen Lenaers, PPE); E-009565-
16, 19 December 2016 (Miriam Dalli, S&D).