The Parliament followed a recommendation of its Civil Liberties, Justice and Home Affairs Committee, who voted on May 26 with only one abstention to reject the initiative of France, the United Kingdom, Ireland and Sweden for a framework decision on the retention of communications data.
In his report, Mr. Alvaro, who is a Liberal MEP from Germany, expressed doubts on the choice of the legal basis and the proportionality of the proposed measures. His report demands that member states produce a study proving the unquestionable need for the proposed arrangements. It also suggests verifying whether the decision's objectives might be achieved by implementing the Council of Europe's Convention on Cybercrime.
After the vote in Parliament on 7 June 2005, Nicolas Schmit, the acting president of the Council, announced that in spite of the vote in Parliament, the Council will stick to its original position. Mr. Alvaro responded by saying: "Now we have to see how the Council acts. If it does not withdraw its proposal, I will lodge an appeal with the European Court of Justice."
