HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
11.8.2012 Official
Journal
of
the
European
Union L
215/5
AGREEMENT
between the United States of America and the European Union on the use and transfer of passenger
name records to the United States Department of Homeland Security
THE UNITED STATES OF AMERICA,
hereinafter referred to also as ‘the United States’, and
THE EUROPEAN UNION,
hereinafter referred to also as ‘the EU’,
together hereinafter referred to as ‘the Parties’,
DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their
respective democratic societies and common values;
SEEKING to enhance and encourage cooperation between the Parties in the spirit of transatlantic partnership;
RECOGNISING the right and responsibility of States to ensure the security of their citizens and protect their borders and
mindful of the responsibility of all nations to protect the life and safety of the public including those using international
transportation systems;
CONVINCED that information sharing is an essential component in the fight against terrorism and serious transnational
crime and that in this context, the processing and use of passenger name records (PNR) is a necessary tool that gives
information that cannot be obtained by other means;
DETERMINED to prevent and combat terrorist offences and transnational crime, while respecting fundamental rights and
freedoms and recognising the importance of privacy and the protection of personal data and information;
HAVING REGARD for international instruments, US statutes and regulations requiring each air carrier operating
passenger flights in foreign air transportation to or from the United States to make PNR available to the Department
of Homeland Security (DHS) to the extent they are collected and contained in the air carrier’s automated reservation/
departure control systems, and comparable requirements that are or may be implemented in the EU;
NOTING that DHS processes and uses PNR for the purpose of preventing, detecting, investigating and prosecuting
terrorist offences and transnational crime in compliance with safeguards on privacy and the protection of personal
data and information, as set out in this Agreement;
STRESSING the importance of sharing PNR and relevant and appropriate analytical information obtained from PNR by
the United States with competent police and judicial authorities of Member States of the European Union, hereinafter ‘EU
Member States’, and Europol or Eurojust as a means to foster international police and judicial cooperation;
ACKNOWLEDGING both Parties’ longstanding traditions of respect for individual privacy, as reflected in their laws and
founding documents;
MINDFUL of the EU’s commitments pursuant to Article 6 of the Treaty on European Union on respect for fundamental
rights, the right to privacy with regard to the processing of personal data as stipulated in Article 16 of the Treaty on the
Functioning of the European Union, the principles of proportionality and necessity concerning the right to private and
family life, the respect for privacy, and the protection of personal data under Article 8 of the European Convention on the
Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of
Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, and Articles 7 and 8 of
the Charter of Fundamental Rights of the European Union;
MINDFUL that DHS currently employs robust processes to protect personal privacy and ensure data integrity, including
physical security, access controls, data separation and encryption, audit capabilities and effective accountability measures;
RECOGNISING the importance of ensuring data quality, accuracy, integrity, and security, and instituting appropriate
accountability to ensure these principles are observed;

---

L 215/6
EN
Official Journal of the European Union
11.8.2012
NOTING in particular the principle of transparency and the various means by which the United States ensures that
passengers whose PNR is collected by DHS are made aware of the need for and use of their PNR;
FURTHER RECOGNISING that the collection and analysis of PNR is necessary for DHS to carry out its border security
mission, while ensuring that collection and use of PNR remains relevant and necessary for the purposes for which it is
collected;
RECOGNISING that, in consideration of this Agreement and its implementation, DHS shall be deemed to ensure an
adequate level of data protection for the processing and use of PNR transferred to DHS;
MINDFUL that the United States and the European Union are committed to ensuring a high level of protection of
personal information while fighting crime and terrorism, and are determined to reach, without delay, an agreement to
protect personal information exchanged in the context of fighting crime and terrorism in a comprehensive manner that
will advance our mutual goals;
ACKNOWLEDGING the successful Joint Reviews in 2005 and 2010 of the 2004 and 2007 Agreements between the
Parties on the transfer of PNR;
NOTING the interest of the Parties, as well as EU Member States, in exchanging information regarding the method of
transmission of PNR as well as the onward transfer of PNR as set forth in the relevant articles of this Agreement, and
further noting the EU’s interest in having this addressed in the context of the consultation and review mechanism set
forth in this Agreement;
AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between the Parties, or
between either of the Parties and any other party, regarding the processing, use, or transfer of PNR or any other form of
data, or regarding data protection;
RECOGNISING the related principles of proportionality as well as relevance and necessity that guide this Agreement and
its implementation by the European Union and the United States; and
HAVING REGARD to the possibility of the Parties to further discuss the transfer of PNR data in the maritime mode;
HEREBY AGREE:
CHAPTER I
2. This
Agreement
shall
apply
to
carriers
operating
passenger
flights between the European Union and the United States.
GENERAL PROVISIONS
Article 1
3. This
Agreement
shall
also
apply
to
carriers
incorporated
or storing data in the European Union and operating passenger
Purpose
flights to or from the United States.
1. The
purpose
of
this
Agreement
is
to
ensure
security
and
to protect the life and safety of the public.
Article 3
Provision of PNR
2. For this purpose, this Agreement sets forth the responsi
bilities of the Parties with respect to the conditions under which
The Parties agree that carriers shall provide PNR contained in
PNR may be transferred, processed and used, and protected.
their reservation systems to DHS as required by and in
accordance with DHS standards and consistent with this
Article 2
Agreement. Should PNR transferred by carriers include data
beyond those listed in the Annex, DHS shall delete such data
Scope
upon receipt.
1. PNR, as set forth in the Guidelines of the International
Civil Aviation Organisation, shall mean the record created by air
Article 4
carriers or their authorised agents for each journey booked by
Use of PNR
or on behalf of any passenger and contained in carriers’ reser
vation systems, departure control systems, or equivalent systems
1. The
United
States
collects,
uses
and
processes
PNR
for
the
providing similar functionality (collectively referred to in this
purposes of preventing, detecting, investigating, and pros
Agreement as ‘reservation systems’). Specifically, as used in
ecuting:
this Agreement, PNR consists of the data types set forth in
the Annex to this Agreement (‘Annex’).
(a) Terrorist offences and related crimes, including:

---

EN
11.8.2012 Official
Journal
of
the
European
Union L
215/7
(i) Conduct that —
(iv) it is committed in one country but has substantial
effects in another country; or
1. involves a violent act or an act dangerous to
human life, property, or infrastructure; and
(v) it is committed in one country and the offender is in or
intends to travel to another country.
2. appears to be intended to —
a. intimidate or coerce a civilian population;
2. PNR
may
be
used
and
processed
on
a
case-by-case
basis
where necessary in view of a serious threat and for the
b. influence the policy of a government by intimi
protection of vital interests of any individual or if ordered by
dation or coercion; or
a court.
c. affect the conduct of a government by mass
destruction, assassination, kidnapping, or
3. PNR
may
be
used
and
processed
by
DHS
to
identify
hostage-taking;
persons who would be subject to closer questioning or exam
ination upon arrival to or departure from the United States or
who may require further examination.
(ii) Activities constituting an offence within the scope of
and as defined in applicable international conventions
and protocols relating to terrorism;
4. Paragraphs
1,
2,
and
3
shall
be
without
prejudice
to
domestic law enforcement, judicial powers, or proceedings,
(iii) Providing or collecting funds, by any means, directly
where other violations of law or indications thereof are
or indirectly, with the intention that they should be
detected in the course of the use and processing of PNR.
used or in the knowledge that they are to be used, in
full or in part, in order to carry out any of the acts
described in subparagraphs (i) or (ii);
CHAPTER II
(iv) Attempting to commit any of the acts described in
SAFEGUARDS APPLICABLE TO THE USE OF PNR
subparagraphs (i), (ii), or (iii);
Article 5
Data security
(v) Participating as an accomplice in the commission of
any of the acts described in subparagraphs (i), (ii), or
1. DHS
shall
ensure
that
appropriate
technical
measures
and
(iii);
organisational arrangements are implemented to protect
personal data and personal information contained in PNR
(vi) Organising or directing others to commit any of the
against accidental, unlawful or unauthorised destruction, loss,
acts described in subparagraphs (i), (ii), or (iii);
disclosure, alteration, access, processing or use.
(vii) Contributing in any other way to the commission of
2. DHS
shall
make
appropriate
use
of
technology
to
ensure
any of the acts described in subparagraphs (i), (ii), or
data protection, security, confidentiality and integrity. In
(iii);
particular, DHS shall ensure that:
(viii) Threatening to commit an act described in
subparagraph (i) under circumstances which indicate
(a) encryption, authorisation and documentation procedures
that the threat is credible;
recognised by competent authorities are applied. In
particular, access to PNR shall be secured and limited to
(b) Other crimes that are punishable by a sentence of
specifically authorised officials;
imprisonment of three years or more and that are trans
national in nature.
(b) PNR shall be held in a secure physical environment and
A crime is considered as transnational in nature in
protected with physical intrusion controls; and
particular if:
(i) it is committed in more than one country;
(c) a mechanism exists to ensure that PNR queries are
conducted consistent with Article 4.
(ii) it is committed in one country but a substantial part of
its preparation, planning, direction or control takes
3. In
the
event
of
a
privacy
incident
(including
unauthorised
place in another country;
access or disclosure), DHS shall take reasonable measures to
notify affected individuals as appropriate, to mitigate the risk
(iii) it is committed in one country but involves an
of harm of unauthorised disclosures of personal data and
organised criminal group that engages in criminal
information, and to institute remedial measures as may be tech
activities in more than one country;
nically practicable.

---

L 215/8
EN
Official Journal of the European Union
11.8.2012
4. Within
the
scope
of
this
Agreement,
DHS
shall
inform
Article 8
without undue delay the relevant European authorities about
cases of significant privacy incidents involving PNR of EU
Retention of data
citizens or residents resulting from accidental or unlawful
1. DHS
retains
PNR
in
an
active
database
for
up
to
five
years.
destruction or accidental loss, alteration, unauthorised disclosure
After the initial six months of this period, PNR shall be deper
or access, or any unlawful forms of processing or use.
sonalised and masked in accordance with paragraph 2 of this
Article. Access to this active database shall, unless otherwise
permitted by this Agreement, be restricted to a limited
number of specifically authorised officials.
5. The United States confirms that effective administrative,
civil, and criminal enforcement measures are available under US
law for privacy incidents. DHS may take disciplinary action
against persons responsible for any such privacy incident, as
2. To achieve depersonalisation, personally identifiable
appropriate, to include denial of system access, formal repri
information contained in the following PNR data types shall
mands, suspension, demotion, or removal from duty.
be masked out:
(a) name(s);
6. All access to PNR, as well as its processing and use, shall
be logged or documented by DHS. Logs or documentation shall
be used only for oversight, auditing, and system maintenance
(b) other names on PNR;
purposes or as otherwise required by law.
(c) all available contact information (including originator
Article 6
information);
Sensitive data
1. To
the
extent
that
PNR
of
a
passenger
as
collected (d) general remarks, including other supplementary information
includes sensitive data (i.e. personal data and information
(OSI), special service information (SSI), and special service
revealing racial or ethnic origin, political opinions, religious or
request (SSR); and
philosophical beliefs, trade union membership, or data
concerning the health or sex life of the individual), DHS shall
employ automated systems to filter and mask out sensitive data
(e) any collected Advance Passenger Information System (APIS)
from PNR. In addition, DHS shall not further process or use
information.
such data, except in accordance with paragraphs 3 and 4.
3. After
this
active
period,
PNR
shall
be
transferred
to
a
dormant database for a period of up to ten years. This
2. DHS
shall
provide
to
the
European
Commission
within
90 dormant database shall be subject to additional controls,
days of the entry into force of this Agreement a list of codes
including a more restricted number of authorised personnel,
and terms identifying sensitive data that shall be filtered out.
as well as a higher level of supervisory approval required
before access. In this dormant database, PNR shall not be reper
sonalised except in connection with law enforcement operations
and then only in connection with an identifiable case, threat or
3. Access to, as well as processing and use of, sensitive data
risk. As regards the purposes as set out in Article 4(1)(b), PNR
shall be permitted in exceptional circumstances where the life of
in this dormant database may only be repersonalised for a
an individual could be imperilled or seriously impaired. Such
period of up to five years.
data may be exclusively accessed using restrictive processes on a
case-by-case basis with the approval of a DHS senior manager.
4. Following
the
dormant
period,
data
retained
must
be
rendered fully anonymised by deleting all data types which
4. Sensitive
data
shall
be
permanently
deleted
not
later
than could serve to identify the passenger to whom PNR relate
30 days from the last receipt of PNR containing such data by
without the possibility of repersonalisation.
DHS. However, sensitive data may be retained for the time
specified in US law for the purpose of a specific investigation,
prosecution or enforcement action.
5. Data
that
are
related
to
a
specific
case
or
investigation
may be retained in an active PNR database until the case or
investigation is archived. This paragraph is without prejudice to
data retention requirements for individual investigation or pros
Article 7
ecution files.
Automated individual decisions
The United States shall not make decisions that produce
6. The
Parties
agree
that,
within
the
framework
of
the
significant adverse actions affecting the legal interests of indi
evaluation as provided for in Article 23(1), the necessity of a
viduals based solely on automated processing and use of PNR.
10-year dormant period of retention will be considered.

---

EN
11.8.2012 Official
Journal
of
the
European
Union L
215/9
Article 9
4. DHS shall not disclose PNR to the public, except to the
individual whose PNR has been processed and used or his or
Non-discrimination
her representative, or as required by US law.
The United States shall ensure that the safeguards applicable to
processing and use of PNR under this Agreement apply to all
passengers on an equal basis without unlawful discrimination.
Article 12
Correction or rectification for individuals
Article 10
1. Any individual regardless of nationality, country of origin,
or place of residence may seek the correction or rectification,
Transparency
including the possibility of erasure or blocking, of his or her
1. DHS
shall
provide
information
to
the
travelling
public PNR by DHS pursuant to the processes described in this
regarding its use and processing of PNR through:
Agreement.
(a) publications in the Federal Register;
2. DHS
shall
inform,
without
undue
delay,
the
requesting
individual in writing of its decision whether to correct or
rectify the PNR at issue.
(b) publications on its website;
3. Any refusal or restriction of correction or rectification
shall be set forth in writing and provided to the requesting
(c) notices that may be incorporated by the carriers into
individual on a timely basis. Such notification shall include
contracts of carriage;
the legal basis of such refusal or restriction and shall inform
the individual of the options available under US law for seeking
redress.
(d) statutorily required reporting to Congress; and
Article 13
(e) other appropriate measures as may be developed.
Redress for individuals
1. Any individual regardless of nationality, country of origin,
2. DHS
shall
publish
and
provide
to
the
EU
for
possible or place of residence whose personal data and personal
publication its procedures and modalities regarding access,
information has been processed and used in a manner incon
correction or rectification, and redress procedures.
sistent with this Agreement may seek effective administrative
and judicial redress in accordance with US law.
3. The
Parties
shall
work
with
the
aviation
industry
to
encourage greater visibility to passengers at the time of
2. Any
individual
is
entitled
to
seek
to
administratively
booking on the purpose of the collection, processing and use
challenge DHS decisions related to the use and processing of
of PNR by DHS, and on how to request access, correction and
PNR.
redress.
3. Under the provisions of the Administrative Procedure Act
Article 11
and other applicable law, any individual is entitled to petition
for judicial review in US federal court of any final agency action
Access for individuals
by DHS. Further, any individual is entitled to petition for
1. In accordance with the provisions of the Freedom of
judicial review in accordance with applicable law and relevant
Information Act, any individual, regardless of nationality,
provisions of:
country of origin, or place of residence is entitled to request
his or her PNR from DHS. DHS shall timely provide such PNR
subject to the provisions of paragraphs 2 and 3 of this Article.
(a) the Freedom of Information Act;
(b) the Computer Fraud and Abuse Act;
2. Disclosure
of
information
contained
in
PNR
may
be
subject to reasonable legal limitations, applicable under US
law, including any such limitations as may be necessary to
(c) the Electronic Communications Privacy Act; and
safeguard privacy-protected, national security, and law
enforcement sensitive information.
(d) other applicable provisions of US law.
3. Any
refusal
or
restriction
of
access
shall
be
set
forth
in
writing and provided to the requesting individual on a timely
4. In
particular,
DHS
provides
all
individuals
an
adminis
basis. Such notification shall include the legal basis on which
trative means (currently the DHS Traveller Redress Inquiry
information was withheld and shall inform the individual of the
Program (DHS TRIP)) to resolve travel-related inquiries
options available under US law for seeking redress.
including those related to the use of PNR. DHS TRIP provides

---

L 215/10
EN
Official Journal of the European Union
11.8.2012
a redress process for individuals who believe they have been
furtherance of the need for accuracy, timeliness and
delayed or prohibited from boarding a commercial aircraft
completeness of PNR.
because they were wrongly identified as a threat. Pursuant to
the Administrative Procedure Act and Title 49, United States
Code, Section 46110, any such aggrieved individual is entitled
2. Carriers shall be required to transfer PNR to DHS by
to petition for judicial review in US federal court from any final
secure electronic means in compliance with the technical
agency action by DHS relating to such concerns.
requirements of DHS.
Article 14
3. Carriers shall be required to transfer PNR to DHS in
accordance with paragraphs 1 and 2, initially at 96 hours
Oversight
before the scheduled flight departure and additionally either in
real time or for a fixed number of routine and scheduled
1. Compliance
with
the
privacy
safeguards
in
this
Agreement transfers as specified by DHS.
shall be subject to independent review and oversight by
Department Privacy Officers, such as the DHS Chief Privacy
Officer, who:
4. In
any
case,
the
Parties
agree
that
all
carriers
shall
be
required to acquire the technical ability to use the ‘push’
method not later than 24 months following entry into force
(a) have a proven record of autonomy;
of this Agreement.
(b) exercise effective powers of oversight, investigation, inter
5. DHS
may,
where
necessary,
on
a
case-by-case
basis,
vention, and review; and
require a carrier to provide PNR between or after the regular
transfers described in paragraph 3. Wherever carriers are unable,
for technical reasons, to respond timely to requests under this
Article in accordance with DHS standards, or, in exceptional
(c) have the power to refer violations of law related to this
circumstances in order to respond to a specific, urgent, and
Agreement for prosecution or disciplinary action, when
serious threat, DHS may require carriers to otherwise provide
appropriate.
access.
They shall, in particular, ensure that complaints relating to non-
Article 16
compliance with this Agreement are received, investigated,
responded to, and appropriately redressed. These complaints
Domestic sharing
may be brought by any individual, regardless of nationality,
1. DHS
may
share
PNR
only
pursuant
to
a
careful
country of origin, or place of residence.
assessment of the following safeguards:
2. In
addition,
application
of
this
Agreement
by
the
United
(a) Exclusively as consistent with Article 4;
States shall be subject to independent review and oversight by
one or more of the following entities:
(b) Only with domestic government authorities when acting in
furtherance of the uses outlined in Article 4;
(a) the DHS Office of Inspector General;
(c) Receiving authorities shall afford to PNR equivalent or
comparable safeguards as set out in this Agreement; and
(b) the Government Accountability Office as established by
Congress; and
(d) PNR shall be shared only in support of those cases under
examination or investigation and pursuant to written under
(c) the US Congress.
standings and US law on the exchange of information
between domestic government authorities.
Such oversight may be manifested in the findings and recom
mendations of public reports, public hearings, and analyses.
2. When
transferring
analytical
information
obtained
from

PNR under this Agreement, the safeguards set forth in
paragraph 1 of this Article shall be respected.
CHAPTER III
MODALITIES OF TRANSFERS
Article 17
Article 15
Onward transfer
Method of PNR transmission
1. The
United
States
may
transfer
PNR
to
competent
government authorities of third countries only under terms
1. For
the
purposes
of
this
Agreement,
carriers
shall
be consistent with this Agreement and only upon ascertaining
required to transfer PNR to DHS using the ‘push’ method, in
that the recipient’s intended use is consistent with those terms.

---

EN
11.8.2012 Official
Journal
of
the
European
Union L
215/11
2. Apart
from
emergency
circumstances,
any
such
transfer
of
CHAPTER IV
data shall occur pursuant to express understandings that incor
porate data privacy protections comparable to those applied to
IMPLEMENTING AND FINAL PROVISIONS
PNR by DHS as set out in this Agreement.
Article 19
Adequacy
3. PNR
shall
be
shared
only
in
support
of
those
cases
under
examination or investigation.
In consideration of this Agreement and its implementation,
DHS shall be deemed to provide, within the meaning of
relevant EU data protection law, an adequate level of protection
4. Where
DHS
is
aware
that
PNR
of
a
citizen
or
a
resident
of for PNR processing and use. In this respect, carriers which have
an EU Member State is transferred, the competent authorities of
provided PNR to DHS in compliance with this Agreement shall
the concerned Member State shall be informed of the matter at
be deemed to have complied with applicable legal requirements
the earliest appropriate opportunity.
in the EU related to the transfer of such data from the EU to the
United States.
5. When
transferring
analytical
information
obtained
from
PNR under this Agreement, the safeguards set forth in para
graphs 1 to 4 shall be respected.
Article 20
Reciprocity
Article 18
1. The
Parties
shall
actively
promote
the
cooperation
of
Police, law enforcement and judicial cooperation
carriers within their respective jurisdictions with any PNR
system operating or as may be adopted in the other’s juris
1. Consistent
with
existing
law
enforcement
or
other diction, consistent with this Agreement.
information-sharing agreements or arrangements between the
United States and any EU Member State or Europol and
Eurojust, DHS shall provide to competent police, other
specialised law enforcement or judicial authorities of the EU
Member States and Europol and Eurojust within the remit of
2. Given
that
the
establishment
of
an
EU
PNR
system
could
their respective mandates, as soon as practicable, relevant, and
have a material effect on the Parties’ obligations under this
appropriate, analytical information obtained from PNR in those
Agreement, if and when an EU PNR system is adopted, the
cases under examination or investigation to prevent, detect,
Parties shall consult to determine whether this Agreement
investigate, or prosecute within the European Union terrorist
would need to be adjusted accordingly to ensure full reciprocity.
offences and related crimes or transnational crime as
Such consultations shall in particular examine whether any
described in Article 4(1)(b).
future EU PNR system would apply less stringent data
protection standards than those provided for in this Agreement,
and whether, therefore, this Agreement should be amended.
2. A
police
or
judicial
authority
of
an
EU
Member
State,
or
Europol or Eurojust, may request, within its mandate, access to
PNR or relevant analytical information obtained from PNR that
are necessary in a specific case to prevent, detect, investigate, or
Article 21
prosecute within the European Union terrorist offences and
related crimes or transnational crime as described in
Implementation and non-derogation
Article 4(1)(b). DHS shall, subject to the agreements and
1. This
Agreement
shall
not
create
or
confer,
under
US
law,
arrangements noted in paragraph 1 of this Article, provide
any right or benefit on any person or entity, private or public.
such information.
Each Party shall ensure that the provisions of this Agreement
are properly implemented.
3. Pursuant to paragraphs 1 and 2 of this Article, DHS shall
share PNR only following a careful assessment of the following
safeguards:
2. Nothing
in
this
Agreement
shall
derogate
from
existing
obligations of the United States and EU Member States,
(a) Exclusively as consistent with Article 4;
including under the Agreement on Mutual Legal Assistance
between the European Union and the United States of
25 June 2003 and the related bilateral mutual legal assistance
(b) Only when acting in furtherance of the uses outlined in
instruments between the United States and EU Member States.
Article 4; and
(c) Receiving authorities shall afford to PNR equivalent or
comparable safeguards as set out in this Agreement.
Article 22
Notification of changes in domestic law
4. When
transferring
analytical
information
obtained
from
The Parties shall advise each other regarding the enactment of
PNR under this Agreement, the safeguards set forth in para
any legislation that materially affects the implementation of this
graphs 1 to 3 of this Article shall be respected.
Agreement.

---

L 215/12
EN
Official Journal of the European Union
11.8.2012
Article 23
3. Prior
to
any
termination
of
this
Agreement,
the
Parties
shall consult each other in a manner which allows sufficient
Review and evaluation
time for reaching a mutually agreeable resolution.
1. The
Parties
shall
jointly
review
the
implementation
of
this
Agreement one year after its entry into force and regularly
thereafter as jointly agreed. Further, the Parties shall jointly
4. Notwithstanding
any
termination
of
this
Agreement,
all
evaluate this Agreement four years after its entry into force.
PNR obtained by DHS pursuant to this Agreement prior to
its termination shall continue to be processed and used in
accordance with the safeguards of this Agreement.
2. The
Parties
shall
jointly
determine
in
advance
the
modalities and terms of the joint review and shall communicate
to each other the composition of their respective teams. For the
Article 26
purpose of the joint review, the European Union shall be repre
Duration
sented by the European Commission, and the United States
shall be represented by DHS. The teams may include appro
1. Subject
to
Article
25,
this
Agreement
shall
remain
in
force
priate experts on data protection and law enforcement. Subject
for a period of seven years from the date of its entry into force.
to applicable laws, participants in the joint review shall be
required to have appropriate security clearances and to respect
the confidentiality of the discussions. For the purpose of the
2. Upon the expiry of the period set forth in paragraph 1 of
joint review, DHS shall ensure appropriate access to relevant
this Article, as well as any subsequent period of renewal under
documentation, systems, and personnel.
this paragraph, the Agreement shall be renewed for a
subsequent period of seven years unless one of the Parties
notifies the other in writing through diplomatic channels, at
3. Following the joint review, the European Commission
least twelve months in advance, of its intention not to renew
shall present a report to the European Parliament and the
the Agreement.
Council of the European Union. The United States shall be
given an opportunity to provide written comments which
shall be attached to the report.
3. Notwithstanding
the
expiration
of
this
Agreement,
all
PNR
obtained by DHS under the terms of this Agreement shall
continue to be processed and used in accordance with the
safeguards of this Agreement. Similarly, all PNR obtained by
Article 24
DHS under the terms of the Agreement between the United
Resolution of disputes and suspension of agreement
States of America and the European Union on the processing
and transfer of passenger name record (PNR) data by air carriers
1. Any
dispute
arising
from
the
implementation
of
this to the United States Department of Homeland Security (DHS),
Agreement, and any matters related thereto, shall give rise to
signed at Brussels and Washington, 23 and 26 July 2007, shall
consultations between the Parties, with a view to reaching a
continue to be processed and used in accordance with the
mutually agreeable resolution, including providing an oppor
safeguards of that Agreement.
tunity for either Party to cure within a reasonable time.
Article 27
2. In
the
event
that
consultations
do
not
result
in
a
Final provisions
resolution of the dispute, either Party may suspend the appli
cation of this Agreement by written notification through
1. This
Agreement
shall
enter
into
force
on
the
first
day
of
diplomatic channels, with any such suspension to take effect
the month after the date on which the Parties have exchanged
90 days from the date of such notification, unless the Parties
notifications indicating that they have completed their internal
otherwise agree to a different effective date.
procedures for this purpose.
3. Notwithstanding
any
suspension
of
this
Agreement,
all 2. This Agreement, as of the date of its entry into force, shall
PNR obtained by DHS pursuant to this Agreement prior to
supersede the 23 and 26 July 2007 Agreement.
its suspension shall continue to be processed and used in
accordance with the safeguards of this Agreement.
3. This
Agreement
will
only
apply
to
the
territory
of
Denmark, the United Kingdom or Ireland, if the European
Commission notifies the United States in writing that
Article 25
Denmark, the United Kingdom or Ireland has chosen to be
Termination
bound by this Agreement.
1. Either
Party
may
terminate
this
Agreement
at
any
time
by
written notification through diplomatic channels.
4. If the European Commission notifies the United States
before the entry into force of this Agreement that it will
apply to the territory of Denmark, the United Kingdom or
2. Termination
shall
take
effect
120
days
from
the
date
of Ireland, this Agreement shall apply to the territory of the
such notification, unless the Parties otherwise agree to a
relevant State on the same day as for the other EU Member
different effective date.
States bound by this Agreement.

---

EN
11.8.2012 Official
Journal
of
the
European
Union L
215/13
5. If the European Commission notifies the United States before the entry into force of this Agreement
that it will apply to the territory of Denmark, the United Kingdom or Ireland, this Agreement shall apply to
the territory of the relevant State on the first day following receipt of the notification by the United States.
Done at Brussels this fourteenth day of December in the year two thousand and eleven, in two originals.
Pursuant to EU law, this Agreement shall also be drawn up by the EU in the Bulgarian, Czech, Danish,
Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages.
For the European Union For
the
United
States
of
America

---

L 215/14
EN
Official Journal of the European Union
11.8.2012
ANNEX
PNR DATA TYPES
1. PNR record locator code
2. Date of reservation/issue of ticket
3. Date(s) of intended travel
4. Name(s)
5. Available frequent flier and benefit information (i.e. free tickets, upgrades, etc.)
6. Other names on PNR, including number of travellers on PNR
7. All available contact information (including originator information)
8. All available payment/billing information (not including other transaction details linked to a credit card or account
and not connected to the travel transaction)
9. Travel itinerary for specific PNR
10. Travel agency/travel agent
11. Code share information
12. Split/divided information
13. Travel status of passenger (including confirmations and check-in status)
14. Ticketing information, including ticket number, one-way tickets and automated ticket fare quote
15. All baggage information
16. Seat information, including seat number
17. General remarks including OSI, SSI and SSR information
18. Any collected APIS information
19. All historical changes to the PNR listed under points 1 to 18

---

Document Outline

• �

---