Annexes to COM(2023)508 - Authorisation of negotiations with Iceland on the transfer of Passenger Name Record data from the EU to Iceland for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

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dossier COM(2023)508 - Authorisation of negotiations with Iceland on the transfer of Passenger Name Record data from the EU to Iceland for the ...
document COM(2023)508
date September  6, 2023
agreements on the transfer and use of PNR data between the EU and, respectively, Mexico (2015), Canada (2017), Japan (2020) have also been adopted.

11 Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132–149), ), hereinafter referred to as the ‘PNR Directive’ or ‘Directive (EU) 2016/681’.

12 Judgment of the Court (Grand Chamber) of 21 June 2022 “Ligue des droits humains ASBL v Conseil des ministres”, C-817/19, EU:C:2022:491. The judgement concerned a request for a preliminary ruling from the Cour Constitutionnelle of Belgium. .

13 UNSCR 2396 (2017): “The Security Council: [..] 12. Decides that Member States shall develop the capability to collect, process and analyse, in furtherance of ICAO standards and recommended practices, passenger name record (PNR) data and to ensure PNR data is used by and shared with all their competent national authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and investigating terrorist offenses and related travel, [..]”. See also UNSCR 2482 (2019).

14Annex 9, Chapter 9, Section D to the International Convention on Civil Aviation (hereinafter referred to as the ‘Chicago Convention’).

15 Council Decision (EU) 2021/121 of 28 January 2021 on the position to be taken on behalf of the European Union in reply to the State Letter sent by the International Civil Aviation Organization as regards Amendment 28 to Section D of Chapter 9 of Annex 9 to the Convention on International Civil Aviation (OJ L 37, 3.2.2021, p.6-9).

16 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Security Union Strategy, , COM(2020) 605 final (24.7.2020): [..] as a mid-term action, the Commission will launch a review of the current approach on PNR data transfer to third countries.”,.

17 Council Conclusions of 7 June 2021 on the transfer of Passenger Name Record (PNR) data to third countries, in particular Australia and the United States, for the purpose of combating terrorism and serious crime, Council Document 9605/21 of 8 June 2021: “Calls on the Commission to pursue a consistent and effective approach regarding the transfer of PNR data to third countries for the purpose of combating terrorism and serious crime, building on the ICAO SARPs, and in line with the relevant requirements established under Union law.”

18 As noted by the air carriers, including in reply to the Roadmap consultation, they increasingly find themselves in a situation of “conflict of laws” between two different regulatory frameworks, available at <https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12531-Air-travel-sharing-passenger-name-data-within-the-EU-and-beyond-assessment-_en>.

19 Communication from the Commission to the European Parliament and the Council "A strategy towards a fully functioning and resilient Schengen area", COM(2021) 277 final (02.06.2021), page 13.

20OJ L 119, 4.5.2016, p. 1–88.

21OJ L 119, 4.5.2016, p. 89–131.

22See footnote 20.

23 See footnote 21.

24See footnote 9.

25 See footnote 12.

26Annex 9, Chapter 9, Section D to the International Convention on Civil Aviation.

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