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Official Journal of the European Union
11.8.2012
COUNCIL DECISION
of 26 April 2012
on the conclusion 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
(2012/472/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5)
In accordance with Articles 1 and 2 of Protocol (No 21)
on the position of the United Kingdom and Ireland in
respect of the Area of Freedom, Security and Justice,
Having regard to the Treaty on the Functioning of the European
annexed to the Treaty on European Union and to the
Union, and in particular Article 82(1)(d) and Article 87(2)(a), in
Treaty on the Functioning of the European Union, and
conjunction with Article 218(6)(a) thereof,
without prejudice to Article 4 of that Protocol, Ireland is
not taking part in the adoption of this Decision and is
not bound by it or subject to its application.
Having regard to the proposal from the European Commission,
(6)
In accordance with Articles 1 and 2 of Protocol (No 22)
Having regard to the consent of the European Parliament (
on the Position of Denmark annexed to the Treaty on

1 ),
European Union and the Treaty on the Functioning of
the European Union, Denmark is not taking part in the
Whereas:
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, (7) The
Agreement
should
be
approved,
together with negotiation directives, authorising the
Commission to open negotiations between the Union
HAS ADOPTED THIS DECISION:
and the United States of America on the transfer and
use of passenger name records (PNR) to prevent and
Article 1
combat terrorism and other serious transnational crime.
The Agreement between the United States of America and the
European Union on the use and transfer of passenger name
(2) In
accordance
with
Council
Decision
2012/471/EU
( 2 ),
records to the United States Department of Homeland
the Agreement between the United States of America
Security is hereby approved on behalf of the Union.
and the European Union on the use and transfer of
passenger name records to the United States Department
The text of the Agreement is attached to this Decision.
of Homeland Security (‘the Agreement’) was signed on
14 December 2011, subject to its conclusion.
Article 2
The President of the Council shall designate the person(s)
(3) The
Agreement
respects
the
fundamental
rights
and empowered to proceed, on behalf of the Union, to the
observes the principles recognised in particular by the
exchange of the notifications provided for in Article 27 of
Charter of Fundamental Rights of the European Union,
the Agreement, in order to express the consent of the Union
notably the right to private and family life, recognised in
to be bound by the Agreement.
Article 7 thereof, the right to the protection of personal
data, recognised in Article 8 thereof and the right to
effective remedy and fair trial recognised in Article 47
Article 3
thereof. This Agreement should be applied in accordance
This Decision shall enter into force on the day following that of
with those rights and principles.
its publication in the Official Journal of the European Union.
(4) In
accordance
with
Article
3
of
Protocol
(No
21)
on
the
position of the United Kingdom and Ireland in respect of
Done at Luxembourg, 26 April 2012.
the Area of Freedom, Security and Justice, annexed to the
Treaty on European Union and to the Treaty on the
For the Council
Functioning of the European Union, the United
Kingdom has notified its wish to take part in the
The President
adoption and application of this Decision.
M. BDSKOV
( 1 ) Consent of 19 April 2012 (not yet published in the Official Journal).
( 2 ) See page 1 of this Official Journal.

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