Considerations on COM(2024)95 - Conclusion of an agreement with Canada on the transfer and processing of Passenger Name Record (PNR) data

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dossier COM(2024)95 - Conclusion of an agreement with Canada on the transfer and processing of Passenger Name Record (PNR) data.
document COM(2024)95
date March  4, 2024
 
a name="_Hlk144899955">(1) In accordance with Council Decision (EU) [XXXX], the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data (‘the Agreement’) was signed on [XX.XX.XXXX], subject to its conclusion at a later date.

(2) The Agreement enables the transfer of PNR data to Canada for the purposes of preventing, detecting, investigating and prosecuting serious crime and terrorism.

(3) The Agreement ensures full respect of the Charter of Fundamental Rights of the Union, as interpreted by the Court of Justice of the European Union, in particular the right to private and family life recognised in Article 7 of the Charter, the right to the protection of personal data recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised in Article 47 of the Charter. In particular, the Agreement includes adequate safeguards for the protection of personal data transferred under the Agreement.

(4) [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.] OR [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 …,] its wish to take part in the adoption and application of this Decision.].

(5) 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,

(6) The European Data Protection Supervisor delivered its Opinion [xxx] on [xx.xx.xxxx].

(7) The Agreement should be approved on behalf of the Union.