Decision 2022/2574 - EU position within the Partnership Council established by the Trade and Cooperation Agreement with the United Kingdom as regards the extension of the interim period referred to in Article 552(11) of that Agreement during which the United Kingdom may derogate 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) 2022/2574 of 19 December 2022 on the position to be taken on behalf of the Union within the Partnership Council established by 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, as regards the extension of the interim period referred to in Article 552(11) of that Agreement during which the United Kingdom may derogate 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 2022/2574 |
| Regdoc number | ST(2022)15378 |
| Original proposal | COM(2022)646  |
| CELEX number i | 32022D2574 |
| Document | 19-12-2022; Date of adoption |
|---|---|
| Publication in Official Journal | 28-12-2022; OJ L 334 p. 96-98 |
| Effect | 19-12-2022; Entry into force Date of document See Art 3 |
| End of validity | 31-12-9999 |
28.12.2022 |
EN |
Official Journal of the European Union |
L 334/96 |
COUNCIL DECISION (EU) 2022/2574
of 19 December 2022
on the position to be taken on behalf of the Union within the Partnership Council established by 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, as regards the extension of the interim period referred to in Article 552(11) of that Agreement during which the United Kingdom may derogate 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)(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) |
Pursuant to Article 542 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 (2) (‘the TCA’), Title III of Part Three (LAW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS) of 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) |
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. |
(3) |
Article 552(11) of the TCA provides that the United Kingdom may derogate from paragraph 4 of that Article 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 is to 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. |
(4) |
In accordance with Article 552(12)(a) of the TCA, the independent administrative body referred to in Article 552(7) of the TCA is to report on, and the United Kingdom supervisory authority for data protection referred to in Article 525(3) of the TCA is to provide an opinion on, whether the additional safeguards have been effectively applied. |
(5) |
Article 552(10) of the TCA provides 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 one year. A decision to that... |
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