COUNCIL OF
THE EUROPEAN UNION

Brussels, 23 June 2014
(OR. en)12657/5/13
REV 5Interinstitutional File:
2013/0250 (NLE)

JAI 659
CDN 13DATAPROTECT 114
AVIATION 118
RELEX 697

LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:
Agreement between Canada and the European Union on the transfer andprocessing of Passenger Name Record

12657/5/13 REV 5

DGD 2

IT/vm

EN

AGREEMENTBETWEEN CANADAAND THE EUROPEAN UNION
ON THE TRANSFER AND PROCESSING
OF PASSENGER NAME RECORD DATA

EU/CA/en 1

CANADA
andTHE EUROPEAN UNION,
the "Parties"
SEEKING to prevent, combat, repress, and eliminate terrorism and terrorist-related offences, aswell as other serious transnational crime, as a means of protecting their respective democraticsocieties and common values to promote security and the rule of law;
RECOGNISING the importance of preventing, combating, repressing, and eliminating terrorism
and terrorist-related offences, as well as other serious transnational crime, while preserving
fundamental rights and freedoms, in particular rights to privacy and data protection;
SEEKING to enhance and encourage cooperation between the Parties in the spirit of the partnership
between Canada and the European Union;
RECOGNISING that information sharing is an essential component of the fight against terrorism
and related crimes and other serious transnational crime, and that in this context, the use ofPassenger Name Record (PNR) data is a critically important instrument to pursue these goals;

EU/CA/en 2

RECOGNISING that, in order to safeguard public security and for law enforcement purposes, rules
should be laid down to govern the transfer of PNR data by air carriers to Canada;
RECOGNISING that the Parties share common values with respect to data protection and privacy
reflected in their respective law;
MINDFUL of the European Union's commitments pursuant to Article 6 of the Treaty on
European Union on respect for fundamental rights, the right to privacy with regard to the processingof personal data as stipulated in Article 16 of the Treaty on the Functioning of the European Union,
the principles of proportionality and necessity concerning the right to private and family life, therespect for privacy, and the protection of personal data under Articles 7 and 8 of the Charter ofFundamental Rights of the European Union, Article 8 of the European Convention on the Protectionof Human Rights and Fundamental Freedoms, Council of Europe Convention No. 108 for theProtection of Individuals with regard to Automatic Processing of Personal Data and its additional
Protocol 181;
HAVING REGARD to the relevant provisions of the Canadian Charter of Rights and Freedoms andCanadian privacy legislation;
NOTING the European Union's commitment to ensuring that air carriers are not prevented fromcomplying with Canadian law regarding the transfer of European Union -sourced PNR data to
Canada pursuant to this Agreement;

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ACKNOWLEDGING the successful 2008 joint review of the 2006 Agreement between the Parties
on the transfer of PNR data;
RECOGNISING that this Agreement is not intended to apply to Advance Passenger Information
which is collected and transmitted by air carriers to Canada for the purpose of border control;
RECOGNISING also that this Agreement does not prevent Canada from continuing to process
information from air carriers in exceptional circumstances where necessary to mitigate any serious
and immediate threat to air transportation or national security respecting the strict limitations laid
down in Canadian law and in any case without exceeding the limitations provided for inthis Agreement;
NOTING the interest of the Parties, as well as Member States of the European Union in exchanging
information regarding the method of transmission of PNR data as well as the disclosure of PNR
data outside Canada as set out in the relevant articles of this Agreement, and further noting theEuropean Union's interest in having this addressed in the context of the consultation and review
mechanism set out in this Agreement;
NOTING that the Parties may examine the necessity and feasibility of a similar Agreement for theprocessing of PNR data in the marine mode;

EU/CA/en 4

NOTING the commitment of Canada that the Canadian Competent Authority processes PNR data
for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serioustransnational crime in strict compliance with safeguards on privacy and the protection of personaldata, as set out in this Agreement;
STRESSING the importance of sharing PNR data and relevant and appropriate analyticalinformation containing PNR data obtained under this Agreement by Canada with competent police
and judicial authorities of Member States of the European Union, Europol and Eurojust as a means
to foster international police and judicial cooperation;
AFFIRMING that this Agreement does not constitute a precedent for any future arrangements
between Canada and the European Union, or between either of the Parties and any other Party,
regarding the processing and transfer of PNR data or regarding data protection;
HAVING REGARD to the Parties' mutual commitment to the application and further developmentof international standards for the processing of PNR data;
HAVE AGREED AS FOLLOWS:

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GENERAL PROVISIONSARTICLE 1
Purpose of Agreement
In this Agreement, the Parties set out the conditions for the transfer and use of Passenger Name
Record (PNR) data to ensure the security and safety of the public and prescribe the means by which
the data is protected.

ARTICLE 2
Definitions
For the purposes of this Agreement:(a)"air carrier" means a commercial transportation company using aircraft as its means oftransport for passengers travelling between Canada and the European Union;

EU/CA/en 6(b)"Passenger Name Record data" ("PNR data") means the records created by an air carrier foreach journey booked by or on behalf of any passenger, necessary for the processing andcontrol of reservations. Specifically, as used in this Agreement, PNR data consists of theelements set out in the Annex to this Agreement;(c)"processing" means any operation or set of operations performed on PNR data, whether or notby automatic means, such as collection, recording, organization, storage, adaptation oralteration, calling-up, retrieval, consultation, use, transfer, dissemination, disclosure orotherwise making available, alignment or combination, blocking, masking, erasure, or
destruction;(d)"Canadian Competent Authority" means the Canadian authority responsible for receiving andprocessing PNR data under this Agreement;(e)"sensitive data" means any information that reveals racial or ethnic origin, political opinions,religious or philosophical beliefs, trade-union membership, or information about a person's
health or sex life.

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ARTICLE 3
Use of PNR data
1.

Canada shall ensure that the Canadian Competent Authority processes PNR data received

pursuant to this Agreement strictly for the purpose of preventing, detecting, investigating orprosecuting terrorist offences or serious transnational crime.
2.

For the purposes of this Agreement, "terrorist offence" includes:(a)an act or omission that is committed for a political, religious or ideological purpose, objective
or cause with the intention of intimidating the public with regard to its security, including its
economic security, or with the intention of compelling a person, government or domestic orinternational organization to do or refrain from doing any act, and that intentionally:(i)causes death or serious bodily harm;(ii)

endangers an individual's life;(iii) causes a serious risk to the health or safety of the public;

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(iv) causes substantial property damage likely to result in the harm referred to in (i) to (iii);
or(v)

causes serious interference with or serious disruption of an essential service, facility orsystem, other than as a result of lawful or unlawful advocacy, protest, dissent or
stoppage of work, such as a strike, that is not intended to result in the harm referred to in(i) to (iii); or(b)

activities constituting an offence within the scope and as defined in applicable international
conventions and protocols relating to terrorism; or(c)knowingly participating in or contributing to or instructing a person, a group, or an
organization to carry out any activity for the purpose of enhancing a terrorist entity's ability tofacilitate or carry out an act or omission described in (a) or (b); or(d)committing an indictable offence where the act or omission constituting the offence iscommitted for the benefit of, at the direction of, or in association with a terrorist entity; or(e)collecting property or inviting a person, a group, or an organization to provide, providing or
making available property or financial or other related services for the purpose of carrying out
an act or omission described in (a) or (b) or using or possessing property for the purpose ofcarrying out an act or omission described in (a) or (b); or

EU/CA/en 9

(f)attempting or threatening to commit an act or omission described in (a) or (b), conspiring,facilitating, instructing or counselling in relation to an act or omission described in (a) or (b),or being an accessory after the fact, or harbouring or concealing for the purpose of enabling aterrorist entity to facilitate or carry out an act or omission described in (a) or (b).

(g)

For the purposes of this paragraph, "terrorist entity" means:(i)a person, a group, or an organization that has as one of its purposes or activities
facilitating or carrying out an act or omission described in (a) or (b); or(ii)a person, a group, or an organization that knowingly acts on behalf of, at the direction ofor in association with such a person, group or organization in (i).

3.

Serious transnational crime means any offence punishable in Canada by a maximum

deprivation of liberty of at least four years or a more serious penalty and as they are defined by the
Canadian law, if the crime is transnational in nature.
For the purposes of this Agreement, a crime is considered as transnational in nature if it iscommitted in:(a)more than one country;(b)

one country but a substantial part of its preparation, planning, direction or control takes placein another country;

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(c)one country but involves an organized criminal group that engages in criminal activities inmore than one country;(d)one country but has substantial effects in another country; or(e)one country and the offender is in or intends to travel to another country.

4.

In exceptional cases, the Canadian Competent Authority may process PNR data where

necessary to protect the vital interests of any individual, such as:(a)a risk of death or serious injury; or(b)a significant public health risk, in particular as required by internationally recognised
standards.

5.

Canada may also process PNR data, on a case-by-case basis in order to:(a)ensure the oversight or accountability of the public administration; or(b)comply with the subpoena or warrant issued, or an order made, by a court.

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ARTICLE 4
Ensuring PNR data is provided
1.

The European Union shall ensure that air carriers are not prevented from transferring PNR

data to the Canadian Competent Authority pursuant to this Agreement.
2.

Canada shall not require an air carrier to provide elements of PNR data which are not alreadycollected or held by the air carrier for reservation purposes.
3.

Canada shall delete upon receipt any data transferred to it by an air carrier, pursuant to thisAgreement, if that data element is not listed in the Annex.
4.

The Parties shall ensure that air carriers may transfer PNR data to the Canadian Competent

Authority through authorized agents, who act on behalf of and under the responsibility of the air
carrier, for the purpose of and under the conditions laid down in this Agreement.

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ARTICLE 5
Adequacy
Subject to compliance with this Agreement, the Canadian Competent Authority is deemed toprovide an adequate level of protection, within the meaning of relevant European Union dataprotection law, for the processing and use of PNR data. An air carrier that provides PNR data to
Canada under this Agreement is deemed to comply with European Union legal requirements for
PNR data transfer from the European Union to Canada.

ARTICLE 6
Police and judicial cooperation
1.

Canada shall share, as soon as practicable, relevant and appropriate analytical information

containing PNR data obtained under this Agreement with Europol, Eurojust, within the scope of
their respective mandates, or the police or a judicial authority of a Member State of the European
Union. Canada shall ensure that this information is shared in accordance with agreements andarrangements on law enforcement or information sharing between Canada and Europol, Eurojust, orthat Member State.

EU/CA/en 13

2.

Canada shall share, at the request of Europol, Eurojust, within the scope of their respective

mandates, or the police or a judicial authority of a Member State of the European Union, PNR dataor analytical information containing PNR data obtained under this Agreement, in specific cases toprevent, detect, investigate, or prosecute within the European Union a terrorist offence or serioustransnational crime. Canada shall make this information available in accordance with agreements
and arrangements on law enforcement, judicial cooperation, or information sharing, between
Canada and Europol, Eurojust or that Member State.

SAFEGUARDS APPLICABLE TO THE PROCESSING OF PNR DATAARTICLE 7
Non-Discrimination
Canada shall ensure that the safeguards applicable to the processing of PNR data apply to all
passengers on an equal basis without unlawful discrimination.

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ARTICLE 8
Use of sensitive data
1.

If the PNR data collected regarding a passenger includes sensitive data, Canada shall ensurethat the Canadian Competent Authority masks sensitive data using automated systems. Canada shallensure that the Canadian Competent Authority shall not further process such data except inaccordance with paragraphs 3, 4 and 5.
2.

Canada shall provide the European Commission with a list of codes and terms identifying

sensitive data that Canada is required to mask. Canada shall provide that list within 90 days of theentry into force of this Agreement.
3.

Canada may process sensitive data on a case-by-case basis in exceptional circumstanceswhere such processing is indispensable because an individual's life is in peril or there is a risk ofserious injury.
4.

Canada shall ensure that sensitive data is processed in accordance with paragraph 3

exclusively under strict procedural measures, including the following:(a)processing of sensitive data is approved by the Head of the Canadian Competent Authority;

EU/CA/en 15

(b)sensitive data is processed only by a specifically and individually authorized official; and(c)once unmasked, sensitive data is not processed using automated systems.

5.

Canada shall delete sensitive data no later than 15 days from the date that Canada receives it

unless Canada retains it in accordance with Article 16(5).
6.

If, in accordance with paragraphs 3, 4 and 5, the Canadian Competent Authority processes

sensitive data concerning an individual who is a citizen of a Member State of the European Union,
Canada shall ensure that the Canadian Competent Authority notifies the authorities of that
Member State of the processing at the earliest appropriate opportunity. Canada shall issue that
notification in accordance with agreements and arrangements on law enforcement or information
sharing between Canada and that Member State.

ARTICLE 9
Data security and integrity
1.

Canada shall implement regulatory, procedural or technical measures to protect PNR data

against accidental, unlawful or unauthorized access, processing or loss.

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2.

Canada shall ensure compliance verification and the protection, security, confidentiality, andintegrity of the data. Canada shall:(a)apply encryption, authorization, and documentation procedures to the PNR data;(b)limit access to PNR data to authorized officials;(c)hold PNR data in a secure physical environment that is protected with access controls; and(d)establish a mechanism that ensures that PNR data queries are conducted in a mannerconsistent with Article 3.

3.

If an individual's PNR data is accessed or disclosed without authorization, Canada shall takemeasures to notify that individual, to mitigate the risk of harm, and to take remedial action.
4.

Canada shall ensure that the Canadian Competent Authority promptly informs theEuropean Commission of any significant incidents of accidental, unlawful or unauthorized access,processing or loss of PNR data.
5.

Canada shall ensure that any breach of data security, in particular leading to accidental or

unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, or any
unlawful forms of processing will be subject to effective and dissuasive corrective measures whichmight include sanctions.

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ARTICLE 10
Oversight
1.

The data protection safeguards for the processing of PNR data under this Agreement will be

subject to oversight by an independent public authority, or by an authority created by administrativemeans that exercises its functions in an impartial manner and that has a proven record of autonomy(the “overseeing authority”). Canada shall ensure that the overseeing authority has effective powers
to investigate compliance with the rules related to the collection, use, disclosure, retention, or
disposal of PNR data. The overseeing authority may conduct compliance reviews andinvestigations, may report findings and make recommendations to the Canadian Competent
Authority. Canada shall ensure that the overseeing authority has the power to refer violations of law
related to this Agreement for prosecution or disciplinary action, when appropriate.
2.

Canada shall ensure that the overseeing authority ensures that complaints relating to

non-compliance with this Agreement are received, investigated, responded to, and appropriately
redressed.

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ARTICLE 11
Transparency
1.

Canada shall ensure that the Canadian Competent Authority makes the following available on

its website:(a)a list of the legislation authorizing the collection of PNR data;(b)

the reason for the collection of PNR data;(c)the manner of protecting the PNR data;(d)the manner and extent to which the PNR data may be disclosed;(e)information regarding access, correction, notation and redress; and(f)contact information for inquiries.

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2.

The Parties shall work with interested parties, such as the air travel industry, to promotetransparency, preferably at the time of booking, by providing the following information
to passengers:(a)the reasons for PNR data collection;(b)

the use of PNR data;(c)the procedure for requesting access to PNR data; and(d)the procedure for requesting the correction of PNR data.

ARTICLE 12
Access for individuals
1.

Canada shall ensure that any individual may access their PNR data.

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2.

Canada shall ensure that the Canadian Competent Authority, within a reasonable time shall:(a)provide the individual with a copy of their PNR data if the individual makes a written request
for their PNR data;(b)

reply in writing to any request;(c)provide the individual with access to recorded information confirming that the individual's
PNR data has been disclosed, if the individual requests that confirmation;(d)

set out the legal or factual reasons for any refusal to allow access to the individual's PNR data;(e)

inform the individual if the PNR data does not exist;(f)inform the individual that they may make a complaint and of the complaint procedure.

3.

Canada may make any disclosure of information subject to reasonable legal requirements andlimitations, including any limitations necessary to prevent, detect, investigate, or prosecute criminal
offences, or to protect public or national security, with due regard for the legitimate interests of theindividual concerned.

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ARTICLE 13
Correction or Annotation for individuals
1.

Canada shall ensure that any individual may request the correction of their PNR data.

2.

Canada shall ensure that the Canadian Competent Authority considers all written requests forcorrection and shall, within a reasonable time:(a)correct the PNR data and notify the individual that the correction has been made; or(b)refuse all or part of the correction, and:(i)

attach a note to the PNR data reflecting any correction requested that was refused;(ii)

notify the individual that:i.

the request for correction is refused, and set out the legal or factual reasons for therefusal;ii.
(c)the note under sub-paragraph (i) is attached to the PNR data; andinform the individual that they may make a complaint and of the complaint procedure.

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ARTICLE 14
Administrative and judicial redress
1.

Canada shall ensure that an independent public authority, or an authority created byadministrative means that exercises its functions in an impartial manner and that has a provenrecord of autonomy, will receive, investigate and respond to complaints lodged by an individual
concerning their request for access, correction or annotation of their PNR data. Canada shall ensurethat the relevant authority will notify the complainant of the means of seeking the judicial redress
set out in paragraph 2.
2.

Canada shall ensure that any individual who is of the view that their rights have been

infringed by a decision or action in relation to their PNR data may seek effective judicial redress inaccordance with Canadian law by way of judicial review, or such other remedy which may
include compensation.

ARTICLE 15
Decisions based on automated processing
Canada shall not take any decisions significantly adversely affecting a passenger solely on the basisof automated processing of PNR data.

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ARTICLE 16
Retention of PNR data
1.

Canada shall not retain PNR data for more than five years from the date that it receives the

PNR data.
2.

Canada shall restrict access to a limited number of officials specifically authorized by Canada.

3.

Canada shall depersonalize the PNR data through masking the names of all passengers 30

days after Canada receives it.
Two years after Canada receives the PNR data, Canada shall further depersonalize it throughmasking the following:(a)other names on PNR, including number of travellers on PNR;(b)

all available contact information (including originator information);(c)general remarks including other supplementary information (OSI), special service information(SSI) and special service request (SSR) information, to the extent that it contains any
information capable of identifying a natural person; andEU/CA/en 24

(d)any advance passenger information (API) data collected for reservation purposes to the extent
that it contains any information capable of identifying a natural person.

4.

Canada may unmask PNR data only if on the basis of available information, it is necessary to

carry out investigations under the scope of Article 3, as follows:(a)from 30 days to two years after initial receipt only by a limited number of specificallyauthorized officials; and(b)from two years to five years after initial receipt, only with prior permission by the Head of theCanadian Competent Authority, or a senior official specifically mandated by the Head.

5.

Notwithstanding paragraph 1:(a)Canada may retain PNR data, required for any specific action, review, investigation,
enforcement action, judicial proceeding, prosecution, or enforcement of penalties, until
concluded;(b)Canada shall retain the PNR data referred to in (a) for an additional two-year period only toensure the accountability of or oversee public administration so that it may be disclosed to thepassenger should the passenger request it.

6.

Canada shall destroy the PNR data at the end of the PNR data retention period.

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ARTICLE 17
Logging and Documenting of PNR Data Processing
Canada shall log and document all processing of PNR data. Canada shall only use a log or
document to:(a)self-monitor and to verify the lawfulness of data processing;(b)

ensure proper data integrity;(c)ensure the security of data processing; and(d)ensure oversight and accountability of the public administration.

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ARTICLE 18
Disclosure within Canada
1.

Canada shall ensure that the Canadian Competent Authority does not disclose PNR data toother government authorities in Canada unless the following conditions are met:(a)the PNR data is disclosed to government authorities whose functions are directly related to thescope of Article 3;(b)

the PNR data is disclosed only on a case-by-case basis;(c)under the particular circumstances the disclosure is necessary for the purposes statedin Article 3;(d)only the minimum amount of PNR data necessary is disclosed;(e)the receiving government authority affords protection equivalent to the safeguards describedin this Agreement; and(f)the receiving government authority does not disclose the PNR data to another entity unless thedisclosure is authorized by the Canadian Competent Authority respecting the conditions laid
down in this paragraph.

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2.

When transferring analytical information containing PNR data obtained under thisAgreement, the safeguards applying to PNR data in this Article shall be respected.

ARTICLE 19
Disclosure outside Canada
1.

Canada shall ensure that the Canadian Competent Authority does not disclose PNR data to

government authorities in countries other than the Member States of the European Union unless thefollowing conditions are met:(a)the PNR data is disclosed to government authorities whose functions are directly related to thescope of Article 3;(b)

the PNR data is disclosed only on a case-by-case basis;(c)the PNR data is disclosed only if necessary for the purposes stated in Article 3;(d)only the minimum PNR data necessary is disclosed;

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(e)the Canadian Competent Authority is satisfied that:(i)the foreign authority receiving the PNR data applies standards to protect the PNR datathat are equivalent to those set out in this Agreement, in accordance with agreements
and arrangements that incorporate those standards; or(ii)

the foreign authority applies the standards to protect the PNR data that it has agreed
with the European Union.

2.

If, in accordance with paragraph 1, the Canadian Competent Authority discloses PNR data of

an individual who is a citizen of a Member State of the European Union, Canada shall ensure that
the Canadian Competent Authority notifies the authorities of that Member State of the disclosure at
the earliest appropriate opportunity. Canada shall issue this notification in accordance withagreements and arrangements on law enforcement or information sharing between Canada and that
Member State.
3.

When transferring analytical information containing PNR data obtained under thisAgreement, the safeguards applying to PNR data in this Article shall be respected.

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ARTICLE 20
Method of transfer
The Parties shall ensure that air carriers transfer PNR data to the Canadian Competent Authority
exclusively on the basis of the push method and in accordance with the following procedures to beobserved by air carriers:(a)transfer PNR data by electronic means in compliance with the technical requirements of theCanadian Competent Authority or, in case of technical failure, by any other appropriate means
ensuring an appropriate level of data security;(b)transfer PNR data using a mutually accepted messaging format;(c)transfer PNR data in a secure manner using common protocols required by the CanadianCompetent Authority.

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ARTICLE 21
Frequency of transfer
1.

Canada shall ensure that the Canadian Competent Authority requires an air carrier to transfer

the PNR data:(a)on a scheduled basis with the earliest point being up to 72 hours before scheduled departure;
and

(b)

a maximum of five times, for a particular flight.

2.

Canada shall ensure that the Canadian Competent Authority informs air carriers of thespecified times for the transfers.
3.

In specific cases where there is an indication that additional access is necessary to respond toa specific threat related to the scope as described in Article 3, the Canadian Competent Authority
may require an air carrier to provide PNR data prior to, between or after the scheduled transfers. In
exercising this discretion, Canada shall act judiciously and proportionately and use the method oftransfer described in Article 20.

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IMPLEMENTING AND FINAL PROVISIONSARTICLE 22
PNR data received prior to the entry into force of this Agreement
Canada shall apply the terms of this Agreement to all PNR data which it holds at the time thisAgreement enters into force.

ARTICLE 23
Reciprocity
1.

If the European Union adopts a PNR data processing regime for the European Union, theParties shall consult to determine whether this Agreement should be amended to ensure fullreciprocity.
2.

The respective authorities of Canada and the European Union shall cooperate to pursue thecoherence of their PNR data processing regimes in a manner that further enhances the security of
citizens of Canada, the European Union and elsewhere.

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ARTICLE 24
Non-derogation
This Agreement shall not be construed to derogate from any obligation between Canada andMember States of the European Union or third countries to make or respond to an assistance request
under a mutual assistance instrument.

ARTICLE 25
Dispute resolution and suspension
1.

The Parties shall resolve any dispute arising from the interpretation, application or

implementation of this Agreement through diplomatic channels with a view to reaching a mutuallyacceptable resolution, including providing an opportunity for either Party to comply within areasonable time.
2.

If the Parties are unable to resolve the dispute, either Party may suspend the application of thisAgreement by notification in writing to the other Party, through diplomatic channels. The
suspension comes into effect 120 days from the date of such notification, unless the Parties jointly
decide otherwise.

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3.

The Party that suspends the application of this Agreement shall cease the suspension as soon

as the dispute is resolved to the satisfaction of both Parties. The suspending Party shall notify theother Party in writing of the date that the application of this Agreement will resume.
4.

Canada shall continue to apply the terms of this Agreement to all PNR data obtained before

any suspension of this Agreement.

ARTICLE 26
Consultation, review and amendments
1.

The Parties shall advise each other of any measure that is to be enacted and that may affectthis Agreement.
2.

The Parties shall jointly review the implementation of this Agreement one year after its entry

into force, at regular intervals thereafter, and additionally if requested by either Party and jointly
decided.
3.

The Parties shall jointly evaluate this Agreement four years after its entry into force.

EU/CA/en 34

4.

The Parties shall decide in advance of its modalities and shall communicate to each other thecomposition of their respective teams. For the purpose of any review, the European Union shall be
represented by the European Commission. The teams shall include relevant experts on dataprotection and law enforcement. Subject to applicable laws, any participants in a review shall be
required to respect the confidentiality of the discussions and to have appropriate security clearances.
For the purposes of any review, Canada shall ensure access to relevant documentation, systems andpersonnel.
5.

Following the joint review, the European Commission shall present a report to theEuropean Parliament and to the Council of the European Union. Canada shall be given an
opportunity to provide written comments which shall be attached to the report.
6.

A Party proposing an amendment to this Agreement shall do so in writing.

ARTICLE 27
Termination
1.

A Party may terminate this Agreement at any time by giving notice to the other Party throughdiplomatic channels of its intention. This Agreement terminates 120 days after the receipt of thenotification by the other Party.

EU/CA/en 35

2.

Canada shall continue to apply the terms of this Agreement to all PNR data obtained before

the termination of this Agreement.

ARTICLE 28
Duration
1.

Subject to paragraph 2, this Agreement remains in force for a period of seven years from thedate of entry into force.
2.

At the end of every seven-year period, this Agreement automatically renews for an additional

seven years, unless one Party advises the other that it does not intend to renew this Agreement. The
Party must notify the other Party in writing through diplomatic channels, at least six months before
the expiry of the seven-year period.
3.

Canada shall continue to apply the terms of this Agreement to all PNR data obtained before

the termination of this Agreement.

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ARTICLE 29
Territorial application
1.

Subject to paragraphs 2 to 4, this Agreement shall apply to the territory in which the Treaty on

European Union and the Treaty on the Functioning of the European Union are applicable and to theterritory of Canada.
2.

This Agreement will only apply to the territory of Denmark, the United Kingdom, or Ireland

if the European Union, through the European Commission, notifies Canada to that effect.
3.

If the European Union, through the European Commission, notifies Canada before the entry

into force of this Agreement that it will apply to the territory of Denmark, the United Kingdom or
Ireland, this Agreement shall apply to the territory of such state on the same day that thisAgreement applies to the other Member States of the European Union.
4.

If the European Union, through the European Commission, notifies Canada after the entry

into force of this Agreement, that it applies to the territory of Denmark, the United Kingdom, or
Ireland, this Agreement shall apply to the territory of such state five days following the date of thenotification.

EU/CA/en 37

ARTICLE 30
Final Provisions
1.

Each Party shall notify the other Party in writing when it has completed the procedures

necessary for the entry into force of this Agreement. This Agreement shall enter into force on thedate of the second of these notifications.
2.

Canada will notify the European Commission before the entry into force of this Agreement

through diplomatic channels of the identity of the following authorities:(a)the Canadian Competent Authority referred to in Article 2(d); and,(b)

the independent public authority and the authority created by administrative means as referred
to in Article 10 and Article 14(1).

Canada shall notify without delay any changes thereto.
3.

The European Union shall publish information referred to in paragraph 2 in the Official

Journal of the European Union.

EU/CA/en 38

4.

This Agreement replaces any prior arrangements on the processing of API and PNR data

including the Agreement between the Government of Canada and the European Community on theProcessing of Advance Passenger Information and Passenger Name Record Data, 22 March 2006.
Done in duplicate at …., on …., in the English and French languages. This Agreement shall also be
drawn up in the Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, German, Greek,
Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,
Spanish and Swedish languages. Once approved by the Parties by exchange of notes, each version
shall be considered equally authentic. In case of divergence between the language versions, theEnglish and French versions shall prevail.

FOR CANADAFOR THE EUROPEAN UNION________________

EU/CA/en 39

ANNEX

Passenger Name Record data elements referred to in Article 2(b)1.

PNR locator code

2.

Date of reservation / issue of ticket

3.

Date(s) of intended travel

4.

Name(s)5.

Available frequent flyer and benefit information (free tickets, upgrades, etc.)

6.

Other names on PNR, including number of travellers on PNR

7.

All available contact information (including originator information)

8.

All available payment / billing information (not including other transaction details linked to acredit card or account and not connected to the travel transaction)

9.

Travel itinerary for specific PNR

EU/CA/Annex/en 1

10.

Travel agency / travel agent

11.

Code share information

12.

Split / divided information

13.

Travel status of passenger (including confirmations and check-in status)

14.

Ticketing information, including ticket number, one way tickets and Automated Ticket
Fare Quote

15.

All baggage information

16.

Seat information, including seat number

17.

General remarks including Other Supplementary Information (OSI), Special Service
Information (SSI) and Special Service Request (SSR) information;

18.

Any Advance Passenger Information (API) data collected for reservation purposes

19.

All historical changes to the PNR data listed in numbers (1) to (18).

________________

EU/CA/Annex/en 2