Date: 2022-07-01Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2022/1090 of 27 June 2022 on the signing, on behalf of the Union, of the Agreement between the European Union, of the one part, and New Zealand, of the other part, on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the authorities of New Zealand competent for fighting serious crime and terrorism
Executive Summary:
This Council Decision (EU) 2022/1090 authorises the signing, on behalf of the European Union, of the Agreement between the EU and New Zealand regarding the exchange of personal data between Europol and New Zealand authorities for combating serious crime and terrorism. The Council authorised the Commission to open negotiations with New Zealand on 13 May 2020. The decision entered into force on the date of its adoption, 27 June 2022.
Key Points / Main Content:
* **Purpose:** Authorizes the signing of the Agreement between the EU and New Zealand on the exchange of personal data between Europol and New Zealand authorities competent for fighting serious crime and terrorism.
* **Legal Basis:** Based on Article 16(2), Article 88 and Article 218(5) of the Treaty on the Functioning of the European Union (TFEU).
* **Data Protection:** The agreement ensures full respect of the fundamental rights of the Union, including the right to respect for private and family life, the protection of personal data, and the right to an effective remedy and fair trial.
* **National Security:** The Agreement does not affect the transfer of personal data or other forms of cooperation between the authorities responsible for safeguarding national security.
* **Ireland:** Ireland is bound by Regulation (EU) 2016/794 and is therefore taking part in the adoption of this Decision.
* **Denmark:** Denmark is not participating in the adoption of this Decision and is not bound by it.
* **Authorisation:** The President of the Council is authorised to designate the persons empowered to sign the Agreement on behalf of the Union.
* **Entry into Force:** The Decision entered into force on 27 June 2022.
Impact Analysis:
**European Union:**
* Impact: The EU is now authorised to sign the Agreement, facilitating cooperation with New Zealand in fighting serious crime and terrorism through the exchange of personal data via Europol, within a framework of data protection safeguards.
* Action Required: The President of the Council needs to designate persons empowered to sign the Agreement on behalf of the Union.
**New Zealand:**
* Impact: New Zealand will be a party to an agreement allowing for the exchange of personal data with Europol to combat serious crime and terrorism.
* Action Required: Ensure that national authorities are prepared to exchange data in accordance with the terms of the agreement once it is concluded.
**Europol:**
* Impact: Europol is authorised to exchange personal data with New Zealand authorities under the conditions set out in the agreement.
* Action Required: Prepare for the exchange of personal data with New Zealand authorities, ensuring compliance with data protection safeguards.
**European Data Protection Supervisor:**
* Impact: The European Data Protection Supervisor's opinion was considered in the decision-making process.
* Action Required: No further action required
**Ireland**
* Impact: Bound by Regulation EU 2016/794, and therefore taking part in the adoption of this decision.
* Action Required: No further action required.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
New Zealand: An island country in the southwestern Pacific Ocean.
European Union Agency for Law Enforcement Cooperation Europol: The EU's law enforcement agency that handles criminal intelligence.
Treaty on the Functioning of the European Union: One of the two primary treaties upon which the European Union (EU) is founded.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation EU 2016/794: A regulation of the European Parliament and of the Council regarding the European Union Agency for Law Enforcement Cooperation Europol.
Charter of Fundamental Rights of the European Union: A charter of the European Union (EU) which enshrines certain fundamental rights.
Luxembourg: City in Luxembourg, where the decision was made.
1.7.2022 EN Official Journal of the European Union L 176/3
COUNCIL DECISION (EU) 2022/1090
of 27 June 2022
on the signing, on behalf of the Union, of the Agreement between the European Union, of the one
part, and New Zealand, of the other part, on the exchange of personal data between the European
Union Agency for Law Enforcement Cooperation (Europol) and the authorities of New Zealand
competent for fighting serious crime and terrorism
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2), Article 88 and
Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Regulation (EU) 2016/794 of the European Parliament and of the Council(1) provides that it is possible for the
European Union Agency for Law Enforcement Cooperation (Europol) to transfer personal data to an authority of a
third country, inter alia, on the basis of an international agreement concluded between the Union and that third
country pursuant to Article 218 of the Treaty on the Functioning of the European Union (TFEU), adducing adequate
safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.
(2) On 13 May 2020, the Council authorised the Commission to open negotiations with New Zealand for an agreement
on the exchange of personal data between Europol and the authorities of New Zealand competent for fighting
serious crime and terrorism.
(3) The negotiations on the Agreement between the European Union, of the one part, and New Zealand, of the other
part, on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation
(Europol) and the authorities of New Zealand competent for fighting serious crime and terrorism (the ‘Agreement’)
were successfully concluded and followed by the exchange of the initialled text of the Agreement, received on
3 December 2021.
(4) The Agreement ensures full respect of the fundamental rights of the Union, in particular the right to respect for
private and family life, the right to the protection of personal data and the right to an effective remedy and to a fair
trial recognised in Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union(2), respectively.
(5) The Agreement does not affect, and is without prejudice to, the transfer of personal data or other forms of
cooperation between the authorities responsible for safeguarding national security.
(6) Ireland is bound by Regulation (EU) 2016/794 and is therefore taking part in the adoption of this Decision.
(7) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on
European Union and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by
it or subject to its application.
(8) The European Data Protection Supervisor delivered its Opinion 11/2022 on 10 June 2022.
(9) The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,
(1) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law
Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA,
2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(2) OJ C 326, 26.10.2012, p. 391.L 176/4 EN Official Journal of the European Union 1.7.2022
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the Union of the Agreement between the European Union, of the one part, and New Zealand, of
the other part, on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation
(Europol) and the authorities of New Zealand competent for fighting serious crime and terrorism (the ‘Agreement’) is
hereby authorised, subject to the conclusion of the said Agreement(3).
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of
the Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 27 June 2022.
For the Council
The President
A. PANNIER-RUNACHER
(3) The text of the Agreement will be published together with the decision on its conclusion.