Decision 2021/2293 - EU position in the Partnership Council established by the Trade and Cooperation Agreement with the United Kingdom regarding the extension of the derogation from the obligation to delete passenger name record data of passengers after their departure from the United Kingdom - Main contents
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Council Decision (EU) 2021/2293 of 20 December 2021 on the position to be taken on behalf of the Union in the Partnership Council established by the Trade and Cooperation Agreement with the United Kingdom regarding the extension of the derogation from the obligation to delete passenger name record data of passengers after their departure from the United Kingdom| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2021/2293 |
| Regdoc number | ST(2021)14472 |
| Original proposal | COM(2021)745  |
| CELEX number i | 32021D2293 |
| Document | 20-12-2021; Date of adoption |
|---|---|
| Publication in Official Journal | 22-12-2021; OJ L 458 p. 514-516 |
| Effect | 20-12-2021; Entry into force Date of document See Art 2 |
| End of validity | 31-12-9999 |
22.12.2021 |
EN |
Official Journal of the European Union |
L 458/514 |
COUNCIL DECISION (EU) 2021/2293
of 20 December 2021
on the position to be taken on behalf of the Union in the Partnership Council established by the Trade and Cooperation Agreement with the United Kingdom regarding the extension of the derogation from the obligation to delete passenger name record data of passengers after their departure from the United Kingdom
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(9) thereof,
Having regard to Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (1),
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (2) (‘the TCA’) lays down rules under which passenger name record (‘PNR’) data may be transferred to, processed and used by the United Kingdom competent authority for flights between the Union and the United Kingdom, and establishes specific safeguards in that regard. |
(2) |
Title III of Part Three of the TCA lays down rules under which PNR data may be transferred to, processed and used by the United Kingdom competent authority for flights between the Union and the United Kingdom, and establishes specific safeguards in that regard. |
(3) |
Article 552(4) of the TCA provides that the United Kingdom is to delete the PNR data of passengers after their departure from the country unless a risk assessment indicates the need to retain such PNR data. |
(4) |
Article 552(11) of the TCA provides that the United Kingdom may derogate from Article 552(4) of the TCA on a temporary basis for an interim period, pending the implementation by the United Kingdom of technical adjustments as soon as possible. During that interim period, the United Kingdom competent authority shall prevent the use of the PNR data that is to be deleted in accordance with Article 552(4) of the TCA by applying the additional safeguards to that PNR data listed in Article 552(11), points (a) to (d), of the TCA. |
(5) |
Article 552(10) of the TCA states that Article 552(11) of the TCA applies due to the special circumstances that prevent the United Kingdom from making the technical adjustments necessary to transform the PNR processing systems which the United Kingdom operated whilst Union law applied to it into systems which would enable PNR data to be deleted in accordance with Article 552(4) of the TCA. |
(6) |
Article 552(13) of the TCA provides that where the special circumstances referred to in Article 552(10) of the TCA persist, the Partnership Council is to extend the interim period referred to in Article 552(11) of the TCA for 1 year. |
(7) |
Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (3) applies within the Union in accordance with the Treaties. |
(8) |
On 1 October 2021, the United Kingdom submitted to the Specialised Committee on Law Enforcement and Judicial... |
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