Date: 14-Nov-2024Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2024/2891 of 13 June 2024 on the signing, on behalf of the Union, of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data
The Council Decision (EU) 2024/2891 authorises the signing, on behalf of the European Union, of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data.
This agreement facilitates the transfer of PNR data to Canada for the purpose of preventing, detecting, investigating and prosecuting serious crime and terrorism.
Key Changes
The decision formally authorises the European Commission to sign the Agreement with Canada regarding PNR data transfer, pending the final conclusion of the agreement.
The agreement was successfully negotiated and initialled on 27 November 2023.
Ireland has notified its wish to participate in the adoption and application of this decision.
Denmark is not participating in the adoption of this decision, nor is it bound by it.
The European Data Protection Supervisor delivered its Opinion 15/2024 on 29 April 2024.
Impact Analysis
Airlines and Travel Industry
Action Item: Review current PNR data processing systems and procedures to ensure compliance with the requirements of the EU-Canada PNR agreement. Engage with data protection officers to implement necessary changes.
EU Citizens
Action Item: Raise awareness among EU citizens about the PNR data transfer agreement and the safeguards in place to protect their data.
Law Enforcement Agencies (EU and Canada)
Action Item: Establish clear protocols for data exchange and cooperation between EU and Canadian law enforcement agencies.
European Commission
Action Item: The European Commission to finalize the agreement and ensure its effective implementation, including monitoring compliance and addressing any potential issues.
Key Entities Referenced
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Council of the European Union: The institution of the European Union that adopted the decision.
European Commission: The executive branch of the European Union, responsible for negotiating and implementing the agreement.
Canada: The partner country in the agreement, receiving and processing PNR data.
European Data Protection Supervisor: An independent supervisory authority ensuring the protection of personal data and privacy.
Court of Justice of the European Union: The judicial branch of the European Union, responsible for interpreting EU law, including the Charter of Fundamental Rights of the European Union.
Charter of Fundamental Rights of the European Union: A charter enshrining fundamental rights of the European Union.
Protocol No 21: Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice.
Protocol No 22: Protocol on the position of Denmark.
Official Journal EN
of the European Union L series
2024/2891 14.11.2024
COUNCIL DECISION (EU) 2024/2891
of 13 June 2024
on the signing, on behalf of the Union, of the Agreement between Canada and the European Union
on the transfer and processing of Passenger Name Record data
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) and Article 87(2),
point (a), in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 7 December 2017, the Council authorised the Commission to open negotiations with Canada for an Agreement
on the transfer and processing of passenger name record (PNR) data to prevent and combat terrorism and other
serious transnational crime.
(2) The negotiations on an Agreement between Canada and the European Union on the transfer and processing of
Passenger Name Record data (the ‘Agreement’) were successfully completed in July 2023. The text of the Agreement
was initialled on 27 November 2023.
(3) The Agreement provides for the transfer of PNR data to Canada for the purposes of preventing, detecting,
investigating and prosecuting serious crime and terrorism.
(4) The Agreement ensures full respect for the Charter of Fundamental Rights of the European Union, as interpreted by
the Court of Justice of the European 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 as recognised in Articles 7, 8
and 47, respectively, thereof. In particular, the Agreement includes adequate safeguards for the protection of
personal data transferred under it.
(5) 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, Ireland has notified, by letter of 25 April 2024, its wish to take part in the adoption and
application of this Decision.
(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 to 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 it or subject to its application.
(7) The European Data Protection Supervisor delivered its Opinion 15/2024 on 29 April 2024.
(8) The Agreement should be signed.
(9) In accordance with the Treaties, the Commission should ensure the signing of the Agreement, subject to its
conclusion,
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the Union of the Agreement between Canada and the European Union on the transfer and
processing of Passenger Name Record data is hereby authorised, subject to the conclusion of the said Agreement (1).
Article 2
The Commission shall ensure the signing of the Agreement, subject to its conclusion.
(1) The text of the Agreement will be published together with the decision on its conclusion.
ELI: http://data.europa.eu/eli/dec/2024/2891/oj 1/2EN
OJ L, 14.11.2024
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 13 June 2024.
For the Council
The President
N. DE MOOR
2/2 ELI: http://data.europa.eu/eli/dec/2024/2891/oj