Annexes to COM(2011)281 - Conclusion of the Agreement with Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service Proposal for a COUNCIL DECISION on the conclusion of the Agreement with Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)281 - Conclusion of the Agreement with Australia on the processing and transfer of Passenger Name Record (PNR) data by air ...
document COM(2011)281 EN
date December 13, 2011
Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


FINAL ACT

The representatives of:

ΤΗΕ EUROPEAN UNION,

of the one part, and

AUSTRALIA,

of the other part,

meeting at Brussels, on 29 September 2011, for the signature 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, have at the time of signature of this Agreement:

—adopted the Joint Declaration attached to this Final Act.

ΙΝ WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Final Act.

Done at Brussels, on 29 September 2011.

For the European Union


For Australia




JOINT DECLARATION OF THE EUROPEAN UNION AND AUSTRALIA ON THE AGREEMENT ON THE PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE

When implementing the Agreement on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service (‘the Agreement’), the European Union and Australia have reached the following understandings in respect of their obligations under Articles 19 and 24 of the Agreement:

1.in the context of the joint consultation and review mechanism set out in Article 24 of the Agreement, Australia and the European Union will exchange 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 19 of the Agreement;

2.provide that, in the context of the consultation and review mechanism set out in Article 24 of the Agreement, all appropriate information will be supplied on the conditions governing those transfers on a case-by-case basis in accordance with the provisions of Article 19;

3.pay particular attention to providing all the safeguards for the implementation of the provisions of Article 19(1)(a), so as to be satisfied that third countries receiving such data have agreed to afford to the data the legal and practical safeguards provided by the Agreement;

4.set up specific reporting mechanisms between the authorities of Member States and of Australia, where the data of a European Union citizen or resident is transferred under Article 19(1)(f).