COUNCIL OF
Brussels, 15 November 2011
THE EUROPEAN UNION
16981/11
LIMITE
JAI 839
USA 75
DATAPROTECT 131
RELEX 1194
NOTE
From: Commission
To: JHA
Counsellors/COREPER
Subject:
Draft declarations regarding the draft Agreement on the use and transfer of
Passenger Name Records by air carriers to the United States Department of
Homeland Security
Delegations will find attached two draft declarations proposed by the Commission, regarding
onward transfer (Annex I) and the composition of the PNR evaluation team (Annex II).
Regarding onward transfer, the Commission also proposes to add the following additional recital:
"Noting the interest of the parties, as well as EU Member States, in exchanging information
regarding the transfer of PNR as set forth in the relevant article 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;"
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16981/11
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1
DG H 2B
LIMITE EN
ANNEX I
Declaration by the EU on the Agreement on the use and transfer of Passenger Name Records
by air carriers to the United States Department of Homeland Security (“the Agreement”), in
respect of their obligations under Articles 17 and 23 of the Agreement.
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 European Union will seek information from the US on the exchange of
information where appropriate, regarding the transfers of European 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 consultation and review mechanism set out in Article 23 of the
Agreement, the EU will request from the US all appropriate information on the
implementation of the conditions governing those transfers in accordance with the
provisions of Article 17;
3. The EU, in the context of the consultation and review mechanism set out in Article 23 of the
Agreement, will pay particular attention to the respect of all the safeguards for the
implementation of the provisions of Article 17(2), so as to be satisfied that third countries
receiving such data have agreed to afford to the data the privacy protections comparable to
those provided to PNR by DHS under the Agreement.
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16981/11
GS/np
2
ANNEX I
DG H 2B
LIMITE EN
ANNEX II
Declaration by the European Commission on the Agreement on the use and transfer of
Passenger Name Records by air carriers to the United States Department of Homeland
Security (“the Agreement”), in respect of its obligations under Article 23 of the Agreement
The European Commission commits to inviting appropriate experts on data protection and law
enforcement to participate in its joint review team for the purposes of Article 23(2) of the
Agreement.
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16981/11
GS/np
3
ANNEX II
DG H 2B
LIMITE EN