30.11.2012 EN Official Journal of the European Union L 330/1 COUNCIL DECISION of 13 November 2012 on the conclusion, on behalf of the European Union, of the Food Assistance Convention (2012/738/EU) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 214(4) in conjunction with Article 218(6)(a), thereof, Having regard to the proposal from the European Commission, Having regard to the consent of the European Parliament, Whereas: (1) The Union is a Party to the Food Aid Convention 1999 (1) (‘FAC 1999’), which expires on 1 July 2012. (2) In accordance with Council Decision 2012/511/EU (2), the Food Assistance Convention (‘the Convention’) was signed on 23 July 2012, subject to its conclusion. (3) It is in the interest of the Union to be a Party to the Convention as the latter would help to achieve the humanitarian aid objectives referred to in Article 214(1) of the Treaty on the Functioning of the European Union. (4) The Convention should be approved, HAS ADOPTED THIS DECISION: Article 1 The Food Assistance Convention (‘the Convention’) is hereby approved on behalf of the Union. The text of the Convention is attached to this Decision. Article 2 The Commission shall decide on the annual commitment to be made on behalf of the Union in accordance with Article 5 of the Convention and shall inform the Secretariat of the Committee thereof. Article 3 The Commission shall provide annual reports and participate in information sharing on behalf of the Union in accordance with Article 6 of the Convention. Article 4 The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the deposit of the instrument of approval provided for in Article 12 of the Convention, in order to express the consent of the Union to be bound by the Convention (3). Article 5 This Decision shall enter into force on the day of its adoption. Done at Brussels, 13 November 2012. For the Council The President V. SHIARLY (1) OJ L 222, 24.8.1999, p. 40. (2) OJ L 256, 22.9.2012, p. 3. (3) The date of entry into force of the Convention will be published in the Official Journal of the European Union by the General Secretariat of the Council. FOOD ASSISTANCE CONVENTION PREAMBLE THE PARTIES TO THIS CONVENTION, CONFIRMING their continued commitment to the still valid objectives of the Food Aid Convention 1999, to contribute to world food security, and to improve the ability of the international community to respond to emergency food situations and other food needs of developing countries; SEEKING to improve the effectiveness, efficiency, and quality of food assistance in preserving the lives and alleviating the suffering of the most vulnerable populations, especially in emergency situations, by strengthening international cooperation and coordination, in particular among the Parties and stakeholders; RECOGNISING that vulnerable populations have particular food and nutritional needs; AFFIRMING that States have the primary responsibility for their own national food security, and therefore for the progressive realisation of the right to adequate food as set out in the Food and Agriculture Organisation (FAO) voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national food security adopted by the FAO Council in November 2004; ENCOURAGING governments of food insecure countries to develop and implement country-owned strategies that address the root causes of food insecurity through long-term measures, and that ensure proper linkages between relief, recovery and development activities; REFERRING to international humanitarian law and the fundamental humanitarian principles of humanity, impartiality, neutrality and independence; REFERRING to the principles and good practice of humanitarian donorship, endorsed in Stockholm on 17 June 2003; RECOGNISING that the Parties have their own policies related to providing food assistance in emergency and non-emergency situations; CONSIDERING the World Food Summit Plan of Action adopted in Rome in 1996, as well as the Five Rome Principles for Sustainable Global Food Security identified in the Declaration of the World Summit on Food Security of 2009, in particular the commitment to achieve food security in all countries and the ongoing effort to reduce poverty and eradicate hunger that was reaffirmed by the United Nations General Assembly in the United Nations Millennium Declaration; CONSIDERING the commitments made by donor and recipient countries to improve development aid effectiveness by applying the principles of the Organisation for Economic Cooperation and Development’s (OECD) Paris Declaration on Aid Effectiveness adopted in 2005; DETERMINED to act in accordance with their World Trade Organisation (WTO) obligations, in particular any WTO disciplines on food aid, HAVE AGREED AS FOLLOWS: Article 1 Objectives The objectives of this Convention are to save lives, reduce hunger, improve food security, and improve the nutritional status of the most vulnerable populations by: (a) addressing the food and nutritional needs of the most vulnerable populations through commitments made by the Parties to provide food assistance that improves access to, and consumption of, adequate, safe and nutritious food; (b) ensuring that food assistance provided to the most vulnerable populations is appropriate, timely, effective, efficient, and based on needs and shared principles; and (c) facilitating information-sharing, cooperation, and coordination, and providing a forum for discussion in order to improve the effective, efficient, and coherent use of the Parties’ resources to respond to needs. Article 2 Principles of food assistance The Parties, in providing and delivering food assistance to the most vulnerable populations, should always adhere to the following principles: (a) General principles of food assistance: (i) provide food assistance only when it is the most effective and appropriate means of addressing the food or nutrition needs of the most vulnerable populations; (ii) provide food assistance, taking into account the long-term rehabilitation and development objectives of the recipient countries, while supporting the broader goal of achieving food security, whenever appropriate; (iii) provide food assistance in a manner that protects livelihoods and strengthens the self-reliance and resilience of vulnerable populations, and local communities, and that prevents, prepares for, mitigates and responds to food security crises; (iv) provide food assistance in such a way as to avoid dependency and minimise direct and indirect negative impacts on beneficiaries and others; (v) provide food assistance in a way that does not adversely affect local production, market conditions, marketing structures and commercial trade or the price of essential goods for vulnerable populations; (vi) provide food aid in fully grant form, whenever possible; (b) Principles of food assistance effectiveness: (i) in order to increase the amount available to spend on food assistance for vulnerable populations and to promote efficiency, minimise associated costs as much as possible; (ii) actively seek to cooperate, coordinate and share information to improve the effectiveness and efficiency of food assistance programmes, and the coherence between food assistance and related policy areas and instruments; (iii) purchase food and other components of food assistance locally or regionally, whenever possible and appropriate; (iv) increasingly provide untied cash-based food assistance, whenever possible and based on needs; (v) only monetise food aid where there is an identified need to do so, and to improve the food security of vulnerable populations; base monetisation on transparent and objective market analysis and avoid commercial displacement; (vi) ensure food assistance is not used to promote the market development objectives of the Parties; (vii) avoid re-exportation of food aid to the maximum extent possible except to prevent or respond to an emergency situation; only re-export food aid in a manner that avoids commercial displacement; (viii) acknowledge, where appropriate, that relevant authorities or relevant stakeholders have the primary role and responsibility for the organisation, coordination and implementation of food assistance operations; (c) Principles on the provision of food assistance: (i) target food assistance according to the food and nutrition needs of the most vulnerable populations; (ii) involve beneficiaries in the assessment of their needs and in the design, implementation, monitoring and evaluation of food assistance, as well as other relevant stakeholders, where appropriate; (iii) provide food assistance that meets applicable safety and quality standards, and that respects cultural and local dietary habits and the nutritional needs of the beneficiaries; (iv) uphold the dignity of beneficiaries of food assistance; (d) Principles of food assistance accountability: (i) take specific and appropriate measures to strengthen the accountability and transparency of food assistance policies, programmes, and operations; (ii) monitor, evaluate, and communicate, on a regular and transparent basis, the outcomes and the impact of food assistance activities in order to further develop best practices and maximise their effectiveness. Article 3 Relationship with WTO Agreements Nothing in this Convention shall derogate from any existing or future WTO obligations applicable between Parties. In case of conflict between such obligations and this Convention, the former shall prevail. Nothing in this Convention will prejudice the positions that a Party may adopt in any negotiations in the WTO. Article 4 Eligible country, eligible vulnerable populations, eligible products, eligible activities, and associated costs 1. ‘Eligible country’ means any country on the OECD’s Development Assistance Committee (DAC) list of Official Development Assistance Recipients, or any other country identified in the Rules of Procedure and Implementation. 2. ‘Eligible vulnerable populations’ means vulnerable populations in any eligible country. 3. ‘Eligible products’ means products for human consumption that comply with relevant national policies and legislation of the country of operation, including, as appropriate, applicable international food safety and quality standards as well as products that contribute to meeting food needs and protecting livelihoods in emergency and early recovery situations. The list of eligible products is provided in the Rules of Procedure and Implementation. 4. Eligible activities for the fulfilment of a Party’s minimum annual commitment in accordance with Article 5 shall be consistent with Article 1, and shall include at least the following activities: (a) the provision and distribution of eligible products; (b) the provision of cash and vouchers; and (c) nutritional interventions. These eligible activities are further elaborated in the Rules of Procedure and Implementation. 5. Associated costs eligible for the fulfilment of a Party’s minimum annual commitment according to Article 5 shall be consistent with Article 1, and shall be limited to costs directly linked to the provision of eligible activities, as further elaborated in the Rules of Procedure and Implementation. Article 5 Commitment 1. To meet the objectives of this Convention, each Party agrees to make an annual commitment of food assistance, set in accordance with its laws and regulations. Each Party’s commitment is referred to as its ‘minimum annual commitment’. 2. The minimum annual commitment shall be expressed in terms of value or quantity as further elaborated in the Rules of Procedure and Implementation. A Party may choose to express either a minimum value or a minimum quantity, or a combination of both for its commitment. 3. Minimum annual commitments in terms of value can be expressed in the currency chosen by the Party. Minimum annual commitments in terms of quantity can be expressed in tonnes of grain equivalent or other units of measure provided under the Rules of Procedure and Implementation. 4. Each Party shall notify the Secretariat of its initial minimum annual commitment as soon as possible and no later than six months following the entry into force of this Convention, or within three months of its accession to this Convention. 5. Each Party shall notify the Secretariat of any change to its minimum annual commitment for subsequent years no later than the fifteenth day of December of the year preceding the change. 6. The Secretariat shall communicate the updated minimum annual commitments to all of the Parties as soon as possible and no later than the first day of January of each year. 7. Contributions made to meet minimum annual commitments should be made in fully grant form whenever possible. With respect to food assistance counted towards a Party’s commitment, not less than 80 per cent provided to eligible countries and eligible vulnerable populations, as further elaborated in the Rules of Procedure and Implementation, shall be in fully grant form. To the extent possible, the Parties shall seek progressively to exceed this percentage. Contributions that are not made in fully grant form should be accounted for in each Party’s annual report. 8. The Parties shall undertake to conduct all food assistance transactions under this Convention in such a way as to avoid harmful interference with normal patterns of production and international commercial trade. 9. The Parties shall ensure that the provision of food assistance is not tied directly or indirectly, formally or informally, explicitly or implicitly, to commercial exports of agricultural products or other goods and services to recipient countries. 10. To meet its minimum annual commitment, whether expressed in value or quantity, a Party shall make contributions that are consistent with this Convention and that consist of funding for eligible products and activities, and associated costs, as set forth in Article 4, and as further elaborated in the Rules of Procedure and Implementation. 11. Contributions provided to meet the minimum annual commitment under this Convention may only be directed at eligible countries or eligible vulnerable populations, as set forth in Article 4 and as further elaborated in the Rules of Procedure and Implementation. 12. The Parties’ contributions may be provided bilaterally, through intergovernmental or other international organisations, or through other food assistance partners, but not through other Parties. 13. Each Party shall make every effort to meet its minimum annual commitment. If a Party is unable to meet its minimum annual commitment for a particular year, it shall describe the circumstances of its failure to do so in its annual report for that year. The unfulfilled amount shall be added to the Party’s minimum annual commitment for the following year unless the Committee established under Article 7 decides otherwise, or unless extraordinary circumstances justify not doing so. 14. If a Party’s contribution exceeds its minimum annual commitment, the amount of the excess, but not more than five per cent of its minimum annual commitment, may be counted as part of the Party’s contribution for the following year. Article 6 Annual reporting and information sharing 1. Within 90 days after the end of the calendar year, each Party shall provide an annual report, in accordance with the Rules of Procedure and Implementation, to the Secretariat, detailing how it met its minimum annual commitment under this Convention. 2. This annual report shall contain a narrative component that may include information on how the Party’s food assistance policies, programmes and operations contribute to the objectives and principles of this Convention. 3. The Parties should, on an ongoing basis, exchange information on their food assistance policies and programmes and the results of their evaluations of these policies and programmes. Article 7 Food Assistance Committee 1. A Food Assistance Committee (the ‘Committee’), consisting of all of the Parties to this Convention, is hereby established. 2. The Committee shall make the decisions at its formal sessions and perform the functions that are required to carry out the provisions of this Convention in accordance with the principles and objectives of the Convention. 3. The Committee shall adopt rules governing its proceedings; it may also adopt rules elaborating further the provisions of this Convention to ensure that they are properly implemented. Document FAC(11/12)1, 25 April 2012, of the Food Aid Committee of the Food Aid Convention 1999, shall serve as the initial Rules of Procedure and Implementation for this Convention. The Committee may subsequently decide to modify those Rules of Procedure and Implementation. 4. The Committee shall make decisions by consensus, meaning that no Party formally opposes the proposed decision of the Committee on a matter under discussion at a formal session. Formal opposition may occur either at the formal session or within 30 days after the circulation of the minutes of a formal session recording the proposed decisions concerned. 5. For each year, the Secretariat shall prepare a summary report for the Committee, to be drafted, adopted and published, in accordance with the Rules of Procedure and Implementation. 6. The Committee should provide a forum for discussion among the Parties with respect to food assistance matters, such as the need to mobilise appropriate and timely resource commitments to address the food and nutritional needs, especially in specific emergency and crisis situations. It should facilitate information-sharing with and dissemination to other stakeholders, and should consult with and receive information from them to support its discussions. 7. Each Party shall designate a representative to receive notices and other communications from the Secretariat. Article 8 Chairperson and Vice-Chairperson of the Committee 1. At the last formal session held in each year, the Committee shall decide on a Chairperson and a Vice-Chairperson for the following year. 2. The Chairperson shall have the following duties: (a) to approve the draft agenda for each formal session or informal meeting; (b) to preside at formal sessions or informal meetings; (c) to open and close each formal session or informal meeting; (d) to submit the draft agenda to the Committee for adoption at the beginning of each formal session or informal meeting; (e) to direct discussions and ensure that the procedures specified in the Rules of Procedure and Implementation are observed; (f) to invite the Parties to speak; (g) to rule on points of order in accordance with the relevant Rules of Procedure and Implementation; and (h) to ask questions and announce decisions. 3. If the Chairperson is absent from all or part of a formal session or an informal meeting, or is temporarily unable to fill the office of Chairperson, the Vice-Chairperson shall act as Chairperson. In the absence of the Chairperson and the Vice-Chairperson, the Committee shall appoint a temporary Chairperson. 4. If, for any reason, the Chairperson is unable to continue to fill the office of Chairperson, the Vice-Chairperson shall become Chairperson until the end of the year. Article 9 Formal sessions and informal meetings 1. The Committee shall hold formal sessions and informal meetings according to the Rules of Procedure and Implementation. 2. The Committee shall hold at least one formal session a year. 3. The Committee shall hold additional formal sessions and informal meetings at the request of the Chairperson or at the request of at least three of the Parties. 4. The Committee may invite observers and relevant stakeholders who wish to discuss particular food assistance related matters to attend its formal sessions or informal meetings in accordance with the Rules of Procedure and Implementation. 5. The Committee shall meet at a location determined in accordance with the Rules of Procedure and Implementation. 6. The agenda for formal sessions and informal meetings shall be developed in accordance with the Rules of Procedure and Implementation. 7. The minutes of a formal session, which shall include any proposed decisions of the Committee, shall be circulated within 30 days after the formal session. Article 10 Secretariat 1. The Committee shall designate a Secretariat and request its services, in accordance with the Rules of Procedure and Implementation. The Committee shall request of the International Grains Council (IGC) that its Secretariat act as the initial Secretariat of the Committee. 2. The Secretariat shall perform the duties that are set out in this Convention and the Rules of Procedure and Implementation, perform any administrative duties, including the processing and distribution of documents and reports, and carry out other functions identified by the Committee. Article 11 Resolution of disputes The Committee shall seek to resolve any dispute among the Parties concerning the interpretation or implementation of this Convention or the Rules of Procedure and Implementation, including any claim of failure to perform the obligations set out in this Convention. Article 12 Signature and ratification, acceptance, or approval This Convention shall be open for signature by Argentina, Australia, the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the Republic of Croatia, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the European Union, the Republic of Estonia, the Republic of Finland, the French Republic, the Federal Republic of Germany, the Hellenic Republic, Hungary, Ireland, the Italian Republic, Japan, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, at United Nations Headquarters in New York from 11 June 2012 until 31 December 2012. This Convention shall be subject to ratification, acceptance or approval by each Signatory. Instruments of ratification, acceptance or approval shall be deposited with the Depositary. Article 13 Accession 1. Any State listed in Article 12 that has not signed this Convention by the end of the signature period, or the European Union if it has not signed by that time, may accede to it at any time after that period. Instruments of accession shall be deposited with the Depositary. 2. Once this Convention has entered into force in accordance with Article 15, it shall be open for accession by any State other than those referred to in Article 12 or by a separate customs territory possessing full autonomy in the conduct of its external commercial relations that is deemed eligible by a decision of the Committee. Instruments of accession shall be deposited with the Depositary. Article 14 Notification of provisional application Any State referred to in Article 12, or the European Union, that intends to ratify, accept, or approve this Convention or accede thereto, or any State or separate customs territory deemed eligible under Article 13(2) for accession by a decision of the Committee but has not yet deposited its instrument, may at any time deposit a notification of provisional application of this Convention with the Depositary. The Convention shall apply provisionally for that State, separate customs territory, or the European Union from the date of deposit of its notification. Article 15 Entry into force 1. This Convention shall enter into force on 1 January 2013 if by 30 November 2012 five Signatories have deposited instruments of ratification, acceptance, or approval. 2. If this Convention does not enter into force in accordance with paragraph 1, the Signatories to this Convention that have deposited instruments of ratification, acceptance, or approval and States or the European Union that have deposited instruments of accession pursuant to Article 13(1) may decide by unanimous consent that it shall enter into force among themselves. 3. For any State or separate customs territory, or the European Union, that ratifies, accepts, approves, or accedes to the Convention after the Convention enters into force, this Convention shall enter into force on the date of the deposit of its instrument of ratification, approval, acceptance, or accession. Article 16 Assessment and amendment procedure 1. At any time after the entry into force of this Convention, a Party may propose an assessment of the relevance of this Convention or propose amendments to it. Any proposed amendments shall be circulated by the Secretariat to all of the Parties at least six months in advance and discussed at the next formal session of the Committee following the end of the notice period. 2. Proposals for amendment to this Convention shall be adopted by decision of the Committee. The Secretariat shall communicate to all of the Parties, and to the Depositary, any proposals for amendment adopted by the Committee. The Depositary shall circulate any adopted amendment to all Parties. 3. Notification of acceptance of an amendment shall be sent to the Depositary. An adopted amendment shall enter into force for those Parties having sent that notification, 90 days after the date on which the Depositary has received such notifications from not less than four fifths of the number of Parties to this Convention on the date of adoption of the proposed amendment by the Committee. Such an amendment shall enter into force for any other Party 90 days after that Party deposits its notification with the Depositary. The Committee may decide that a different threshold be used for the number of notifications required to trigger the entry into force of a specific amendment. The Secretariat shall communicate such a decision to all Parties and the Depositary. Article 17 Withdrawal and termination 1. Any Party may withdraw from this Convention at the end of any year by giving written notice of withdrawal to the Depositary and the Committee at least 90 days prior to the end of that year. That Party shall not be released from its minimum annual commitment or reporting obligations incurred under this Convention, while it was a Party, that have not been discharged by the end of that year. 2. At any time after the entry into force of this Convention, a Party may propose the termination of this Convention. Such a proposal shall be communicated in writing to the Secretariat and shall be circulated by it to all of the Parties at least six months in advance of its consideration by the Committee. Article 18 Depositary 1. The Secretary-General of the United Nations is designated as the Depositary of this Convention. 2. The Depositary shall receive notice of any signature, ratification, acceptance, approval, notification of provisional application of, and accession to, this Convention, and notify all Parties and Signatories of these notices. Article 19 Authentic texts The originals of this Convention, of which the English and French texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS THEREOF the undersigned, being duly authorised, have signed this Convention. Done at London, 25 April 2012.

Summary: Food Assistance Convention Food Assistance Convention The European Union (EU) contributes to meeting the food and nutrition needs of the most vulnerable in non-EU countries. This Convention makes donors' coordination of this assistance more efficient and effective at a global level. ACT Council Decision 2012/738/EU on the conclusion, on behalf of the European Union, of the Food Assistance Convention. SUMMARY What's the issue? The Food Assistance Convention, the most recent of a series of multilateral agreements between donors, seeks to provide appropriate and effective food and nutrition assistance to vulnerable populations in eligible countries, based on identified needs. The aim of the Convention is to: save lives reduce hunger improve food security* improve the quality of nutrition of the most vulnerable populations in eligible countries. In line with the EU's humanitarian food assistance policy, the Convention aims to improve vulnerable populations' access to and consumption of adequate, safe and nutritious food on the basis of proper needs analysis. What has changed? Under the Convention, parties share information, cooperate, and liaise with one another. It also serves as a forum for discussion allowing them to exchange information with other interested parties about issues - e.g. lessons learnt in the running of a given type of programme - to help ensure that their resources are used to maximum effect. Operation: Each party agrees to make a minimum annual commitment of food assistance, expressed in terms of value or quantity. This commitment should be made in the form of a grant, whenever possible. It is clearly stipulated that food assistance may not be tied in any way, to commercial exports of agricultural products or other goods and services to recipient countries. Contributions may be provided: bilaterally, through intergovernmental or other international organisations, or through other food assistance partners. Eligible countries include: those on the OECD’s Development Assistance Committee (DAC) list of official development assistance recipients, or any other country identified in the Rules of Procedure and Implementation. Background: the European Union is a party to the International Grains Agreement comprising 2 distinct legal instruments: the Grains Trade Convention and the Food Assistance Convention. Other signatories include the US, Australia, Canada, Japan and Switzerland . Definition * food security: the World Food Summit of 1996 defined food security as existing ‘when all people at all times have access to sufficient, safe, nutritious food to maintain a healthy and active life’. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2012/738 13.11.2012 - OJ L 330 of 30.11.2012 RELATED ACTS Council Decision 2011/339/EU establishing the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999 . Council Decision 2010/316/EU establishing the position to be adopted on behalf of the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention 1999 . Council Decision 2011/224/EU establishing the position to be taken by the European Union within the International Grains Council with respect to the extension of the Grains Trade Convention 1995 . Council Decision 2000/421/EC on the conclusion, on behalf of the European Community, of the Food Aid Convention 1999 . last update 10.03.2014


11.8.2012 EN Official Journal of the European Union L 215/4 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, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1)(d) and Article 87(2)(a), in conjunction with Article 218(6)(a) thereof, Having regard to the proposal from the European Commission, Having regard to the consent of the European Parliament (1), Whereas: (1) On 2 December 2010, the Council adopted a decision, together with negotiation directives, authorising the Commission to open negotiations between the Union and the United States of America on the transfer and use of passenger name records (PNR) to prevent and combat terrorism and other serious transnational crime. (2) In accordance with Council Decision 2012/471/EU (2), 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 (‘the Agreement’) was signed on 14 December 2011, subject to its conclusion. (3) The Agreement respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to private and family life, recognised in 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 thereof. This Agreement should be applied in accordance with those rights and principles. (4) In accordance with Article 3 of Protocol (No 21) 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 Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. (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, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and 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. (6) In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark annexed to the Treaty on European Union and 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 Agreement or subject to its application. (7) The Agreement should be approved, HAS ADOPTED THIS DECISION: Article 1 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 is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision. Article 2 The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the exchange of the notifications provided for in Article 27 of the Agreement, in order to express the consent of the Union to be bound by the Agreement. Article 3 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Done at Luxembourg, 26 April 2012. For the Council The President M. BØDSKOV (1) Consent of 19 April 2012 (not yet published in the Official Journal). (2) See page 1 of this Official Journal. 11.8.2012 EN Official Journal of the European Union L 215/5 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 THE UNITED STATES OF AMERICA, hereinafter referred to also as ‘the United States’, and THE EUROPEAN UNION, hereinafter referred to also as ‘the EU’, together hereinafter referred to as ‘the Parties’, DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their respective democratic societies and common values; SEEKING to enhance and encourage cooperation between the Parties in the spirit of transatlantic partnership; RECOGNISING the right and responsibility of States to ensure the security of their citizens and protect their borders and mindful of the responsibility of all nations to protect the life and safety of the public including those using international transportation systems; CONVINCED that information sharing is an essential component in the fight against terrorism and serious transnational crime and that in this context, the processing and use of passenger name records (PNR) is a necessary tool that gives information that cannot be obtained by other means; DETERMINED to prevent and combat terrorist offences and transnational crime, while respecting fundamental rights and freedoms and recognising the importance of privacy and the protection of personal data and information; HAVING REGARD for international instruments, US statutes and regulations requiring each air carrier operating passenger flights in foreign air transportation to or from the United States to make PNR available to the Department of Homeland Security (DHS) to the extent they are collected and contained in the air carrier’s automated reservation/departure control systems, and comparable requirements that are or may be implemented in the EU; NOTING that DHS processes and uses PNR for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and transnational crime in compliance with safeguards on privacy and the protection of personal data and information, as set out in this Agreement; STRESSING the importance of sharing PNR and relevant and appropriate analytical information obtained from PNR by the United States with competent police and judicial authorities of Member States of the European Union, hereinafter ‘EU Member States’, and Europol or Eurojust as a means to foster international police and judicial cooperation; ACKNOWLEDGING both Parties’ longstanding traditions of respect for individual privacy, as reflected in their laws and founding documents; MINDFUL of the EU’s commitments pursuant to Article 6 of the Treaty on European Union on respect for fundamental rights, the right to privacy with regard to the processing of personal data as stipulated in Article 16 of the Treaty on the Functioning of the European Union, the principles of proportionality and necessity concerning the right to private and family life, the respect for privacy, and the protection of personal data under Article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union; MINDFUL that DHS currently employs robust processes to protect personal privacy and ensure data integrity, including physical security, access controls, data separation and encryption, audit capabilities and effective accountability measures; RECOGNISING the importance of ensuring data quality, accuracy, integrity, and security, and instituting appropriate accountability to ensure these principles are observed; NOTING in particular the principle of transparency and the various means by which the United States ensures that passengers whose PNR is collected by DHS are made aware of the need for and use of their PNR; FURTHER RECOGNISING that the collection and analysis of PNR is necessary for DHS to carry out its border security mission, while ensuring that collection and use of PNR remains relevant and necessary for the purposes for which it is collected; RECOGNISING that, in consideration of this Agreement and its implementation, DHS shall be deemed to ensure an adequate level of data protection for the processing and use of PNR transferred to DHS; MINDFUL that the United States and the European Union are committed to ensuring a high level of protection of personal information while fighting crime and terrorism, and are determined to reach, without delay, an agreement to protect personal information exchanged in the context of fighting crime and terrorism in a comprehensive manner that will advance our mutual goals; ACKNOWLEDGING the successful Joint Reviews in 2005 and 2010 of the 2004 and 2007 Agreements between the Parties on the transfer of PNR; NOTING the interest of the Parties, as well as EU Member States, in exchanging information regarding the method of transmission of PNR as well as the onward transfer of PNR as set forth in the relevant articles 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; AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between the Parties, or between either of the Parties and any other party, regarding the processing, use, or transfer of PNR or any other form of data, or regarding data protection; RECOGNISING the related principles of proportionality as well as relevance and necessity that guide this Agreement and its implementation by the European Union and the United States; and HAVING REGARD to the possibility of the Parties to further discuss the transfer of PNR data in the maritime mode; HEREBY AGREE: CHAPTER I GENERAL PROVISIONS Article 1 Purpose 1. The purpose of this Agreement is to ensure security and to protect the life and safety of the public. 2. For this purpose, this Agreement sets forth the responsibilities of the Parties with respect to the conditions under which PNR may be transferred, processed and used, and protected. Article 2 Scope 1. PNR, as set forth in the Guidelines of the International Civil Aviation Organisation, shall mean the record created by air carriers or their authorised agents for each journey booked by or on behalf of any passenger and contained in carriers’ reservation systems, departure control systems, or equivalent systems providing similar functionality (collectively referred to in this Agreement as ‘reservation systems’). Specifically, as used in this Agreement, PNR consists of the data types set forth in the Annex to this Agreement (‘Annex’). 2. This Agreement shall apply to carriers operating passenger flights between the European Union and the United States. 3. This Agreement shall also apply to carriers incorporated or storing data in the European Union and operating passenger flights to or from the United States. Article 3 Provision of PNR The Parties agree that carriers shall provide PNR contained in their reservation systems to DHS as required by and in accordance with DHS standards and consistent with this Agreement. Should PNR transferred by carriers include data beyond those listed in the Annex, DHS shall delete such data upon receipt. Article 4 Use of PNR 1. The United States collects, uses and processes PNR for the purposes of preventing, detecting, investigating, and prosecuting: (a) Terrorist offences and related crimes, including: (i) Conduct that — 1. involves a violent act or an act dangerous to human life, property, or infrastructure; and 2. appears to be intended to — a. intimidate or coerce a civilian population; b. influence the policy of a government by intimidation or coercion; or c. affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking; (ii) Activities constituting an offence within the scope of and as defined in applicable international conventions and protocols relating to terrorism; (iii) Providing or collecting funds, by any means, directly or indirectly, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any of the acts described in subparagraphs (i) or (ii); (iv) Attempting to commit any of the acts described in subparagraphs (i), (ii), or (iii); (v) Participating as an accomplice in the commission of any of the acts described in subparagraphs (i), (ii), or (iii); (vi) Organising or directing others to commit any of the acts described in subparagraphs (i), (ii), or (iii); (vii) Contributing in any other way to the commission of any of the acts described in subparagraphs (i), (ii), or (iii); (viii) Threatening to commit an act described in subparagraph (i) under circumstances which indicate that the threat is credible; (b) Other crimes that are punishable by a sentence of imprisonment of three years or more and that are transnational in nature. A crime is considered as transnational in nature in particular if: (i) it is committed in more than one country; (ii) it is committed in one country but a substantial part of its preparation, planning, direction or control takes place in another country; (iii) it is committed in one country but involves an organised criminal group that engages in criminal activities in more than one country; (iv) it is committed in one country but has substantial effects in another country; or (v) it is committed in one country and the offender is in or intends to travel to another country. 2. PNR may be used and processed on a case-by-case basis where necessary in view of a serious threat and for the protection of vital interests of any individual or if ordered by a court. 3. PNR may be used and processed by DHS to identify persons who would be subject to closer questioning or examination upon arrival to or departure from the United States or who may require further examination. 4. Paragraphs 1, 2, and 3 shall be without prejudice to domestic law enforcement, judicial powers, or proceedings, where other violations of law or indications thereof are detected in the course of the use and processing of PNR. CHAPTER II SAFEGUARDS APPLICABLE TO THE USE OF PNR Article 5 Data security 1. DHS shall ensure that appropriate technical measures and organisational arrangements are implemented to protect personal data and personal information contained in PNR against accidental, unlawful or unauthorised destruction, loss, disclosure, alteration, access, processing or use. 2. DHS shall make appropriate use of technology to ensure data protection, security, confidentiality and integrity. In particular, DHS shall ensure that: (a) encryption, authorisation and documentation procedures recognised by competent authorities are applied. In particular, access to PNR shall be secured and limited to specifically authorised officials; (b) PNR shall be held in a secure physical environment and protected with physical intrusion controls; and (c) a mechanism exists to ensure that PNR queries are conducted consistent with Article 4. 3. In the event of a privacy incident (including unauthorised access or disclosure), DHS shall take reasonable measures to notify affected individuals as appropriate, to mitigate the risk of harm of unauthorised disclosures of personal data and information, and to institute remedial measures as may be technically practicable. 4. Within the scope of this Agreement, DHS shall inform without undue delay the relevant European authorities about cases of significant privacy incidents involving PNR of EU citizens or residents resulting from accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, or any unlawful forms of processing or use. 5. The United States confirms that effective administrative, civil, and criminal enforcement measures are available under US law for privacy incidents. DHS may take disciplinary action against persons responsible for any such privacy incident, as appropriate, to include denial of system access, formal reprimands, suspension, demotion, or removal from duty. 6. All access to PNR, as well as its processing and use, shall be logged or documented by DHS. Logs or documentation shall be used only for oversight, auditing, and system maintenance purposes or as otherwise required by law. Article 6 Sensitive data 1. To the extent that PNR of a passenger as collected includes sensitive data (i.e. personal data and information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning the health or sex life of the individual), DHS shall employ automated systems to filter and mask out sensitive data from PNR. In addition, DHS shall not further process or use such data, except in accordance with paragraphs 3 and 4. 2. DHS shall provide to the European Commission within 90 days of the entry into force of this Agreement a list of codes and terms identifying sensitive data that shall be filtered out. 3. Access to, as well as processing and use of, sensitive data shall be permitted in exceptional circumstances where the life of an individual could be imperilled or seriously impaired. Such data may be exclusively accessed using restrictive processes on a case-by-case basis with the approval of a DHS senior manager. 4. Sensitive data shall be permanently deleted not later than 30 days from the last receipt of PNR containing such data by DHS. However, sensitive data may be retained for the time specified in US law for the purpose of a specific investigation, prosecution or enforcement action. Article 7 Automated individual decisions The United States shall not make decisions that produce significant adverse actions affecting the legal interests of individuals based solely on automated processing and use of PNR. Article 8 Retention of data 1. DHS retains PNR in an active database for up to five years. After the initial six months of this period, PNR shall be depersonalised and masked in accordance with paragraph 2 of this Article. Access to this active database shall, unless otherwise permitted by this Agreement, be restricted to a limited number of specifically authorised officials. 2. To achieve depersonalisation, personally identifiable information contained in the following PNR data types shall be masked out: (a) name(s); (b) other names on PNR; (c) all available contact information (including originator information); (d) general remarks, including other supplementary information (OSI), special service information (SSI), and special service request (SSR); and (e) any collected Advance Passenger Information System (APIS) information. 3. After this active period, PNR shall be transferred to a dormant database for a period of up to ten years. This dormant database shall be subject to additional controls, including a more restricted number of authorised personnel, as well as a higher level of supervisory approval required before access. In this dormant database, PNR shall not be repersonalised except in connection with law enforcement operations and then only in connection with an identifiable case, threat or risk. As regards the purposes as set out in Article 4(1)(b), PNR in this dormant database may only be repersonalised for a period of up to five years. 4. Following the dormant period, data retained must be rendered fully anonymised by deleting all data types which could serve to identify the passenger to whom PNR relate without the possibility of repersonalisation. 5. Data that are related to a specific case or investigation may be retained in an active PNR database until the case or investigation is archived. This paragraph is without prejudice to data retention requirements for individual investigation or prosecution files. 6. The Parties agree that, within the framework of the evaluation as provided for in Article 23(1), the necessity of a 10-year dormant period of retention will be considered. Article 9 Non-discrimination The United States shall ensure that the safeguards applicable to processing and use of PNR under this Agreement apply to all passengers on an equal basis without unlawful discrimination. Article 10 Transparency 1. DHS shall provide information to the travelling public regarding its use and processing of PNR through: (a) publications in the Federal Register; (b) publications on its website; (c) notices that may be incorporated by the carriers into contracts of carriage; (d) statutorily required reporting to Congress; and (e) other appropriate measures as may be developed. 2. DHS shall publish and provide to the EU for possible publication its procedures and modalities regarding access, correction or rectification, and redress procedures. 3. The Parties shall work with the aviation industry to encourage greater visibility to passengers at the time of booking on the purpose of the collection, processing and use of PNR by DHS, and on how to request access, correction and redress. Article 11 Access for individuals 1. In accordance with the provisions of the Freedom of Information Act, any individual, regardless of nationality, country of origin, or place of residence is entitled to request his or her PNR from DHS. DHS shall timely provide such PNR subject to the provisions of paragraphs 2 and 3 of this Article. 2. Disclosure of information contained in PNR may be subject to reasonable legal limitations, applicable under US law, including any such limitations as may be necessary to safeguard privacy-protected, national security, and law enforcement sensitive information. 3. Any refusal or restriction of access shall be set forth in writing and provided to the requesting individual on a timely basis. Such notification shall include the legal basis on which information was withheld and shall inform the individual of the options available under US law for seeking redress. 4. DHS shall not disclose PNR to the public, except to the individual whose PNR has been processed and used or his or her representative, or as required by US law. Article 12 Correction or rectification for individuals 1. Any individual regardless of nationality, country of origin, or place of residence may seek the correction or rectification, including the possibility of erasure or blocking, of his or her PNR by DHS pursuant to the processes described in this Agreement. 2. DHS shall inform, without undue delay, the requesting individual in writing of its decision whether to correct or rectify the PNR at issue. 3. Any refusal or restriction of correction or rectification shall be set forth in writing and provided to the requesting individual on a timely basis. Such notification shall include the legal basis of such refusal or restriction and shall inform the individual of the options available under US law for seeking redress. Article 13 Redress for individuals 1. Any individual regardless of nationality, country of origin, or place of residence whose personal data and personal information has been processed and used in a manner inconsistent with this Agreement may seek effective administrative and judicial redress in accordance with US law. 2. Any individual is entitled to seek to administratively challenge DHS decisions related to the use and processing of PNR. 3. Under the provisions of the Administrative Procedure Act and other applicable law, any individual is entitled to petition for judicial review in US federal court of any final agency action by DHS. Further, any individual is entitled to petition for judicial review in accordance with applicable law and relevant provisions of: (a) the Freedom of Information Act; (b) the Computer Fraud and Abuse Act; (c) the Electronic Communications Privacy Act; and (d) other applicable provisions of US law. 4. In particular, DHS provides all individuals an administrative means (currently the DHS Traveller Redress Inquiry Program (DHS TRIP)) to resolve travel-related inquiries including those related to the use of PNR. DHS TRIP provides a redress process for individuals who believe they have been delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat. Pursuant to the Administrative Procedure Act and Title 49, United States Code, Section 46110, any such aggrieved individual is entitled to petition for judicial review in US federal court from any final agency action by DHS relating to such concerns. Article 14 Oversight 1. Compliance with the privacy safeguards in this Agreement shall be subject to independent review and oversight by Department Privacy Officers, such as the DHS Chief Privacy Officer, who: (a) have a proven record of autonomy; (b) exercise effective powers of oversight, investigation, intervention, and review; and (c) have the power to refer violations of law related to this Agreement for prosecution or disciplinary action, when appropriate. They shall, in particular, ensure that complaints relating to non-compliance with this Agreement are received, investigated, responded to, and appropriately redressed. These complaints may be brought by any individual, regardless of nationality, country of origin, or place of residence. 2. In addition, application of this Agreement by the United States shall be subject to independent review and oversight by one or more of the following entities: (a) the DHS Office of Inspector General; (b) the Government Accountability Office as established by Congress; and (c) the US Congress. Such oversight may be manifested in the findings and recommendations of public reports, public hearings, and analyses. CHAPTER III MODALITIES OF TRANSFERS Article 15 Method of PNR transmission 1. For the purposes of this Agreement, carriers shall be required to transfer PNR to DHS using the ‘push’ method, in furtherance of the need for accuracy, timeliness and completeness of PNR. 2. Carriers shall be required to transfer PNR to DHS by secure electronic means in compliance with the technical requirements of DHS. 3. Carriers shall be required to transfer PNR to DHS in accordance with paragraphs 1 and 2, initially at 96 hours before the scheduled flight departure and additionally either in real time or for a fixed number of routine and scheduled transfers as specified by DHS. 4. In any case, the Parties agree that all carriers shall be required to acquire the technical ability to use the ‘push’ method not later than 24 months following entry into force of this Agreement. 5. DHS may, where necessary, on a case-by-case basis, require a carrier to provide PNR between or after the regular transfers described in paragraph 3. Wherever carriers are unable, for technical reasons, to respond timely to requests under this Article in accordance with DHS standards, or, in exceptional circumstances in order to respond to a specific, urgent, and serious threat, DHS may require carriers to otherwise provide access. Article 16 Domestic sharing 1. DHS may share PNR only pursuant to a careful assessment of the following safeguards: (a) Exclusively as consistent with Article 4; (b) Only with domestic government authorities when acting in furtherance of the uses outlined in Article 4; (c) Receiving authorities shall afford to PNR equivalent or comparable safeguards as set out in this Agreement; and (d) PNR shall be shared only in support of those cases under examination or investigation and pursuant to written understandings and US law on the exchange of information between domestic government authorities. 2. When transferring analytical information obtained from PNR under this Agreement, the safeguards set forth in paragraph 1 of this Article shall be respected. Article 17 Onward transfer 1. The United States may transfer PNR to competent government authorities of third countries only under terms consistent with this Agreement and only upon ascertaining that the recipient’s intended use is consistent with those terms. 2. Apart from emergency circumstances, any such transfer of data shall occur pursuant to express understandings that incorporate data privacy protections comparable to those applied to PNR by DHS as set out in this Agreement. 3. PNR shall be shared only in support of those cases under examination or investigation. 4. Where DHS is aware that PNR of a citizen or a resident of an EU Member State is transferred, the competent authorities of the concerned Member State shall be informed of the matter at the earliest appropriate opportunity. 5. When transferring analytical information obtained from PNR under this Agreement, the safeguards set forth in paragraphs 1 to 4 shall be respected. Article 18 Police, law enforcement and judicial cooperation 1. Consistent with existing law enforcement or other information-sharing agreements or arrangements between the United States and any EU Member State or Europol and Eurojust, DHS shall provide to competent police, other specialised law enforcement or judicial authorities of the EU Member States and Europol and Eurojust within the remit of their respective mandates, as soon as practicable, relevant, and appropriate, analytical information obtained from PNR in those cases under examination or investigation to prevent, detect, investigate, or prosecute within the European Union terrorist offences and related crimes or transnational crime as described in Article 4(1)(b). 2. A police or judicial authority of an EU Member State, or Europol or Eurojust, may request, within its mandate, access to PNR or relevant analytical information obtained from PNR that are necessary in a specific case to prevent, detect, investigate, or prosecute within the European Union terrorist offences and related crimes or transnational crime as described in Article 4(1)(b). DHS shall, subject to the agreements and arrangements noted in paragraph 1 of this Article, provide such information. 3. Pursuant to paragraphs 1 and 2 of this Article, DHS shall share PNR only following a careful assessment of the following safeguards: (a) Exclusively as consistent with Article 4; (b) Only when acting in furtherance of the uses outlined in Article 4; and (c) Receiving authorities shall afford to PNR equivalent or comparable safeguards as set out in this Agreement. 4. When transferring analytical information obtained from PNR under this Agreement, the safeguards set forth in paragraphs 1 to 3 of this Article shall be respected. CHAPTER IV IMPLEMENTING AND FINAL PROVISIONS Article 19 Adequacy In consideration of this Agreement and its implementation, DHS shall be deemed to provide, within the meaning of relevant EU data protection law, an adequate level of protection for PNR processing and use. In this respect, carriers which have provided PNR to DHS in compliance with this Agreement shall be deemed to have complied with applicable legal requirements in the EU related to the transfer of such data from the EU to the United States. Article 20 Reciprocity 1. The Parties shall actively promote the cooperation of carriers within their respective jurisdictions with any PNR system operating or as may be adopted in the other’s jurisdiction, consistent with this Agreement. 2. Given that the establishment of an EU PNR system could have a material effect on the Parties’ obligations under this Agreement, if and when an EU PNR system is adopted, the Parties shall consult to determine whether this Agreement would need to be adjusted accordingly to ensure full reciprocity. Such consultations shall in particular examine whether any future EU PNR system would apply less stringent data protection standards than those provided for in this Agreement, and whether, therefore, this Agreement should be amended. Article 21 Implementation and non-derogation 1. This Agreement shall not create or confer, under US law, any right or benefit on any person or entity, private or public. Each Party shall ensure that the provisions of this Agreement are properly implemented. 2. Nothing in this Agreement shall derogate from existing obligations of the United States and EU Member States, including under the Agreement on Mutual Legal Assistance between the European Union and the United States of 25 June 2003 and the related bilateral mutual legal assistance instruments between the United States and EU Member States. Article 22 Notification of changes in domestic law The Parties shall advise each other regarding the enactment of any legislation that materially affects the implementation of this Agreement. Article 23 Review and evaluation 1. The Parties shall jointly review the implementation of this Agreement one year after its entry into force and regularly thereafter as jointly agreed. Further, the Parties shall jointly evaluate this Agreement four years after its entry into force. 2. The Parties shall jointly determine in advance the modalities and terms of the joint review and shall communicate to each other the composition of their respective teams. For the purpose of the joint review, the European Union shall be represented by the European Commission, and the United States shall be represented by DHS. The teams may include appropriate experts on data protection and law enforcement. Subject to applicable laws, participants in the joint review shall be required to have appropriate security clearances and to respect the confidentiality of the discussions. For the purpose of the joint review, DHS shall ensure appropriate access to relevant documentation, systems, and personnel. 3. Following the joint review, the European Commission shall present a report to the European Parliament and the Council of the European Union. The United States shall be given an opportunity to provide written comments which shall be attached to the report. Article 24 Resolution of disputes and suspension of agreement 1. Any dispute arising from the implementation of this Agreement, and any matters related thereto, shall give rise to consultations between the Parties, with a view to reaching a mutually agreeable resolution, including providing an opportunity for either Party to cure within a reasonable time. 2. In the event that consultations do not result in a resolution of the dispute, either Party may suspend the application of this Agreement by written notification through diplomatic channels, with any such suspension to take effect 90 days from the date of such notification, unless the Parties otherwise agree to a different effective date. 3. Notwithstanding any suspension of this Agreement, all PNR obtained by DHS pursuant to this Agreement prior to its suspension shall continue to be processed and used in accordance with the safeguards of this Agreement. Article 25 Termination 1. Either Party may terminate this Agreement at any time by written notification through diplomatic channels. 2. Termination shall take effect 120 days from the date of such notification, unless the Parties otherwise agree to a different effective date. 3. Prior to any termination of this Agreement, the Parties shall consult each other in a manner which allows sufficient time for reaching a mutually agreeable resolution. 4. Notwithstanding any termination of this Agreement, all PNR obtained by DHS pursuant to this Agreement prior to its termination shall continue to be processed and used in accordance with the safeguards of this Agreement. Article 26 Duration 1. Subject to Article 25, this Agreement shall remain in force for a period of seven years from the date of its entry into force. 2. Upon the expiry of the period set forth in paragraph 1 of this Article, as well as any subsequent period of renewal under this paragraph, the Agreement shall be renewed for a subsequent period of seven years unless one of the Parties notifies the other in writing through diplomatic channels, at least twelve months in advance, of its intention not to renew the Agreement. 3. Notwithstanding the expiration of this Agreement, all PNR obtained by DHS under the terms of this Agreement shall continue to be processed and used in accordance with the safeguards of this Agreement. Similarly, all PNR obtained by DHS under the terms of the Agreement between the United States of America and the European Union on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security (DHS), signed at Brussels and Washington, 23 and 26 July 2007, shall continue to be processed and used in accordance with the safeguards of that Agreement. Article 27 Final provisions 1. This Agreement shall enter into force on the first day of the month after the date on which the Parties have exchanged notifications indicating that they have completed their internal procedures for this purpose. 2. This Agreement, as of the date of its entry into force, shall supersede the 23 and 26 July 2007 Agreement. 3. This Agreement will only apply to the territory of Denmark, the United Kingdom or Ireland, if the European Commission notifies the United States in writing that Denmark, the United Kingdom or Ireland has chosen to be bound by this Agreement. 4. If the European Commission notifies the United States before the entry into force of this Agreement that it will apply to the territory of Denmark, the United Kingdom or Ireland, this Agreement shall apply to the territory of the relevant State on the same day as for the other EU Member States bound by this Agreement. 5. If the European Commission notifies the United States before the entry into force of this Agreement that it will apply to the territory of Denmark, the United Kingdom or Ireland, this Agreement shall apply to the territory of the relevant State on the first day following receipt of the notification by the United States. Done at Brussels this fourteenth day of December in the year two thousand and eleven, in two originals. Pursuant to EU law, this Agreement shall also be drawn up by the EU in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. For the European Union For the United States of America ANNEX PNR DATA TYPES 1. PNR record locator code 2. Date of reservation/issue of ticket 3. Date(s) of intended travel 4. Name(s) 5. Available frequent flier and benefit information (i.e. free tickets, upgrades, etc.) 6. Other names on PNR, including number of travellers on PNR 7. All available contact information (including originator information) 8. All available payment/billing information (not including other transaction details linked to a credit card or account and not connected to the travel transaction) 9. Travel itinerary for specific PNR 10. Travel agency/travel agent 11. Code share information 12. Split/divided information 13. Travel status of passenger (including confirmations and check-in status) 14. Ticketing information, including ticket number, one-way tickets and automated ticket fare quote 15. All baggage information 16. Seat information, including seat number 17. General remarks including OSI, SSI and SSR information 18. Any collected APIS information 19. All historical changes to the PNR listed under points 1 to 18

Summary: EU-US agreement on airline passenger name record data EU-US agreement on airline passenger name record data SUMMARY OF: 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 Decision 2012/471/EU on the signing, on behalf of the EU, of the Agreement between the United States of America and the EU on the use and transfer of passenger name records to the United States Department of Homeland Security Decision 2012/472/EU on the conclusion of the agreement between the United States of America and the EU on the use and transfer of passenger name records to the United States Department of Homeland Security WHAT IS THE AIM OF THE AGREEMENT AND THE DECISIONS? The aim of the agreement is to set a legal framework for the transfer of passenger name records (PNR) data by carriers operating passenger flights between the European Union (EU) and the United States to the United States Department of Homeland Security (DHS) and the subsequent use of that data by the US DHS. The main purpose is to prevent, detect, investigate and prosecute terrorist offences and related crimes, as well as other serious cross-border crimes punishable by a sentence of imprisonment of at least 3 years. Decision (EU) 2012/471/EU authorises the EU’s signature to the agreement. Decision 2012/472/EU approves the agreement itself. KEY POINTS PNR data is the information voluntarily provided by passengers and collected by air carriers during the reservation and check-in procedures. It includes information such as name, dates of travel and travel itinerary, ticket information, contact information, payment/billing information, travel agent, seat number and baggage information. Key points of the EU-US PNR agreement are as follows: The use of PNR data will be limited to the prevention, detection, investigation and prosecution of terrorist offences or transnational crime. There will be a legally binding commitment from the US Department of Homeland Security to inform the Member States and EU authorities of any EU-relevant intelligence leads flowing from the analysis of these PNR data. There will be a robust data protection regime with strong data security and integrity requirements. Individuals will have the right to access their PNR data held in the United States and, if the information is inaccurate, it must be changed or removed. There will be limited usage of PNR data for a period of 10 years for transnational crime and 15 years for terrorism. After 6 months, personally identifiable information of PNR data will be masked out and after 5 years PNR data will be moved to a dormant database with additional controls. DATE OF ENTRY INTO FORCE The agreement entered into force on 1 July 2012. BACKGROUND PNR is the information passengers provide to the airline or travel agent when booking a flight. This information has been used by law enforcement authorities around the world for many years to identify serious criminals and terrorists. It was used, for example, to catch the terrorists behind the planning of a suicide bombing in the subway in New York in 2009. It was also used after the 2008 terror attacks in Mumbai and to catch the plotter behind the planned attack in Times Square in 2010. This information is also an extremely important tool to identify drug smugglers. The 2012 EU-US agreement on PNR replaces the EU-US agreement of 2007. For more information, see: Passenger Name Record (PNR) (European Commission). MAIN DOCUMENTS 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 (OJ L 215, 11.8.2012, pp. 5-14) Council Decision 2012/471/EU of 13 December 2011 on the signing, on behalf of the Union, 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 (OJ L 215, 11.8.2012, pp. 1-3) Council Decision 2012/472/EU 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 (OJ L 215, 11.8.2012, p. 4) RELATED DOCUMENTS Information concerning the date of entry into force 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 (OJ L 174, 4.7.2012, p. 1) last update 26.08.2021