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11.8.2012 Official
Journal
of
the
European
Union L
215/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 13 December 2011
on the signing, on behalf of the Union, of the 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
(2012/471/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4)
In accordance with Articles 1 and 2 of the 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 the Treaty
Having regard to the Treaty on the Functioning of the European
on the Functioning of the European Union, and without
Union, and in particular Articles 82(1)(d) and 87(2)(a), in
prejudice to Article 4 of that Protocol, those Member
conjunction with Article 218(5) thereof,
States are not taking part in the adoption of this Decision
and are not bound by it or subject to its application.
Having regard to the proposal from the European Commission,
(5)
In accordance with Articles 1 and 2 of the Protocol (No
22) on the Position of Denmark annexed to the Treaty
on European Union and the Treaty on the Functioning of
Whereas:
the European Union, Denmark is not taking part in the
adoption of this Decision and is not bound by the
Agreement or subject to its application.
(1) On
2
December
2010,
the
Council
adopted
a
decision,
together with negotiation directives, authorising the
Commission to open negotiations between the Union
and the United States of America on the transfer and
(6) The
Agreement
should
be
signed,
subject
to
its
use of Passenger Name Records (PNR) to prevent and
conclusion,
combat terrorism and other serious transnational crime.
HAS ADOPTED THIS DECISION:
(2) The
negotiations
were
successfully
concluded
by
the
initialling of the Agreement between the United States
of America and the European Union on the use and
transfer of Passenger Name Records to the United
Article 1
States Department of Homeland Security, (‘the Agree
ment’).
The signing of the 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 is hereby authorised on behalf of the Union,
(3) The
Agreement
respects
the
fundamental
rights
and subject to the conclusion of the said Agreement.
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union,
notably the right to private and family life, recognised in
Article 7 thereof, the right to the protection of personal
Article 2
data, recognised in Article 8 thereof and the right to
effective remedy and fair trial recognised in Article 47
The President of the Council is authorised to designate the
thereof. This Agreement should be applied in accordance
person(s) empowered to sign the Agreement on behalf of the
with those rights and principles.
Union.

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L 215/2
EN
Official Journal of the European Union
11.8.2012
Article 3
The Declaration of the Union on the Agreement in respect of its obligations under Articles 17 and 23
thereof is hereby approved.
The text of the Declaration is annexed to this decision.
Article 4
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 13 December 2011.
For the Council
The President
M. CICHOCKI

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EN
11.8.2012 Official
Journal
of
the
European
Union L
215/3
ANNEX
Declaration of the Union on the Agreement on the use and transfer of Passenger Name Records to the United
States Department of Homeland Security (‘the Agreement’), in respect of its obligations under Articles 17 and
23 of thereof
1. In the context of the joint review and evaluation mechanism set out in Article 23 of the Agreement, and without
prejudice to other matters that may be raised through this mechanism, the Union will seek information from the
United States on the exchange of information where appropriate, regarding the transfers of the Union citizens’ and
residents’ PNR data to the authorities of third countries as laid down in Article 17 of the Agreement;
2. In the context of the joint review and evaluation mechanism referred to in point 1 of this Declaration, the Union will
request from the United States all appropriate information on the implementation of the conditions governing those
transfers in accordance with Article 17 of the Agreement;
3. The Union, in the context of the joint review and evaluation mechanism referred to in point 1 of this Declaration, will
pay particular attention to the respect of all the safeguards for the implementation of Article 17(2) of the Agreement,
so as to be satisfied that third countries receiving such data have agreed to afford to the data the privacy protections
comparable to that provided to PNR by DHS under the Agreement.

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Document Outline

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