Considerations on COM(2022)207 - Signing of Agreement with New Zealand on the exchange of personal data between Europol and the designated authorities of New Zealand

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dossier COM(2022)207 - Signing of Agreement with New Zealand on the exchange of personal data between Europol and the designated authorities of New ...
document COM(2022)207 EN
date June 27, 2022
 
table>(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,