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Official Journal of the European Union
14.7.2012
COUNCIL DECISION
of 22 September 2011
on the signing, on behalf of the Union, of the Agreement between the European Union and
Australia on the processing and transfer of passenger name record (PNR) data by air carriers to
the Australian Customs and Border Protection Service
(2012/380/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5) In
accordance
with
Article
3
of
the
Protocol
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 to the Treaty on the
Having regard to the Treaty on the Functioning of the European
Functioning of the European Union, those Member States
Union, and in particular Articles 82(1)(d) and 87(2)(a), in
have notified their wish to take part in the adoption and
conjunction with Article 218(5) thereof,
application of this Decision.
(6)
In accordance with Articles 1 and 2 of the Protocol on
Having regard to the proposal from the European Commission,
the Position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning
of the European Union, Denmark is not taking part in
the adoption of this Decision and is not bound by the
Whereas:
Agreement or subject to its application,
HAS ADOPTED THIS DECISION:
(1) On
2
December
2010,
the
Council
adopted
a
Decision
authorising the Commission to open negotiations on
Article 1
behalf of the Union with Australia for the transfer and
use of passenger name record (PNR) data to prevent and
The signing of the Agreement between the European Union and
combat terrorism and other serious transnational crime.
Australia on the processing and transfer of Passenger Name
Record (PNR) data by air carriers to the Australian Customs
and Border Protection Service (the Agreement) is hereby auth
orised on behalf of the Union, subject to the conclusion of the
(2) The
Agreement
between
the
European
Union
and said Agreement ( 1 ).
Australia on the processing and transfer of passenger
name record (PNR) data by air carriers to the Australian
Article 2
Customs and Border Protection Service (the Agreement)
has been negotiated. The negotiations were successfully
The Declaration attached to the Final Act of the Agreement
concluded by the initialling of the Agreement.
shall be approved on behalf of the Union.
Article 3
(3) The Agreement should be signed subject to its
The President of the Council is hereby authorised to designate
conclusion at a later date, and the Declaration attached
the persons empowered to sign the Agreement on behalf of the
to the Final Act of the Agreement should be approved.
Union.
Article 4
(4) The
Agreement
respects
the
fundamental
rights
and This Decision shall enter into force on the day of its adoption.
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union
(the Charter), notably the right to respect for private and
family life, recognised in Article 7 of the Charter, the
Done at Brussels, 22 September 2011.
right to the protection of personal data, recognised in
Article 8 of the Charter and the right to effective
For the Council
remedy and fair trial recognised in Article 47 of the
Charter. The Agreement should be applied in accordance
The President
with those rights and principles.
J. MILLER
( 1 ) The text of the Agreement will published together with the Decision
on its conclusion.

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