Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record data
Date: 2005-10-03
Institutions: Canada, European Community
Subjects: Canada, agreement (EU), air transport, cross-frontier data flow, data protection, exchange of information, personal data, protection of privacy, terrorism, traveller

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Official Journal of the European Union

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AGREEMENT

between the European Community and the Government of Canada on the processing of Advance
Passenger Information and Passenger Name Record data

THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF CANADA, hereinafter referred to as the ‘Parties’:

RECOGNISING the importance of respecting fundamental rights and freedoms, notably the right to privacy, and the
importance of respecting these values while preventing and combating terrorism and related crimes and other serious
crimes that are transnational in nature, including organised crime;

HAVING REGARD to the Government of Canada requirement of air carriers carrying persons to Canada to provide
Advance Passenger Information and Passenger Name Record (hereinafter API/PNR) data to the competent Canadian
authorities, to the extent it is collected and contained in carriers’ automated reservation systems and departure control
systems (DCS);

HAVING REGARD to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the
protection of individuals with regard to the processing of personal data and on the free movement of such data, and in
particular Article 7(c) thereof;

HAVING REGARD to the Commitments made by the relevant competent authority with regard to the way in which it
will process API/PNR data received from air carriers (hereinafter the Commitments);

HAVING REGARD to the relevant Commission Decision, pursuant to Article 25(6) of Directive 95/46/EC, (hereinafter the
Decision), whereby the relevant Canadian competent authority is considered as providing an adequate level of protection
for API/PNR data transferred from the European Community (hereinafter the Community) concerning passenger flights to
Canada, in accordance with the relevant Commitments, which are annexed to the respective Decision;

HAVING REGARD to the Revised Guidelines on API adopted by the World Customs Organisation (WCO), the Interna-
tional Air Transport Association (IATA) and the International Civil Aviation Organisation (ICAO);

COMMITTED to work together to assist the ICAO in the development of a multilateral standard for the transmission of
PNR data obtained from commercial airlines;

HAVING REGARD to the possibility of effecting modifications to Annex I to this Agreement in the future by simplified
procedures, particularly with regard to ensuring reciprocity between the Parties,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

Article 3

Processing of API/PNR data

The purpose of this Agreement is to ensure that API/PNR
1.
data of persons on eligible journeys is provided in full respect of
fundamental rights and freedoms,
to
privacy.

in particular the right

The Parties agree that API/PNR data of persons on
1.
eligible
journeys will be processed as outlined in the
Commitments made by the competent authority obtaining the
API/PNR data.

2.
An eligible journey is a passage by an air carrier from the
territory of one Party to the territory of the requesting Party.

Article 2

Competent authorities

A competent authority of a requesting Party is an authority
responsible in Canada or in the European Union for processing
API/PNR data of persons on eligible journeys as specified in
Annex I
to this Agreement, which forms an integral part
thereof.

2.
The Commitments set forth the rules and procedures for
the transmission and protection of API/PNR data of persons on
eligible journeys provided to a competent authority.

The competent authority shall process API/PNR data
3.
received and treat persons on eligible journeys to which the
API/PNR data relates in accordance with applicable laws and
constitutional
in
particular on the basis of nationality and/or country of
residence.

requirements, without

discrimination,

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Official Journal of the European Union

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Article 4

Access, correction and notation

The Parties represented in the Joint Committee may agree
3.
modifications to Annex I to this Agreement, which will apply as
from the date of such agreement.

1.
A competent authority shall afford to a person who is not
present in the territory in which that authority exercises juris-
diction, to whom the API/PNR data processed pursuant to this
Agreement relates, access to the data as well as the opportunity
to seek correction if it is erroneous or add a notation to indicate
a correction request was made.

2.
The opportunity provided by the competent authority for
access, correction and notation with respect to such data shall
be afforded in circumstances similar to those where it would be
in the territory in which that
available to persons present
authority exercises jurisdiction.

Article 5

Obligation to process API/PNR data

shall process API/PNR data

1.
In relation to the application of this Agreement within the
Community, as it relates to the processing of personal data, air
carriers operating eligible journeys from the Community to
contained in their
Canada
automated reservation systems and DCS as required by the
competent Canadian authorities pursuant
to Canadian law.
The list of PNR data elements that air carriers operating
eligible journeys shall
to the Canadian competent
authority is contained in Annex II to this Agreement, which
forms an integral part thereof.

transfer

2.
The obligation set forth in paragraph 1 shall only apply
for as long as the Decision is applicable, ceasing to have effect
on the date that the Decision is repealed, suspended or expires
without being renewed.

Article 6

Joint Committee

1.
A Joint Committee is hereby established, consisting of
representatives of each Party, who will be notified to the
other Party through diplomatic channels. The Joint Committee
shall meet at a place, on a date and with an agenda fixed by
mutual consent. The first meeting shall take place within six
months of entry into force of this Agreement.

2.

The Joint Committee shall, inter alia:

(a) act as a channel of communication with regard to the
implementation of this Agreement and any matters related
thereto;

(b) resolve, to the extent possible, any dispute which may arise
with respect to the implementation of this Agreement and
any matters related thereto;

(c) organise the Joint Reviews referred to in Article 8 and
determine the detailed modalities of the joint review;

(d) adopt its rules of procedure.

Article 7

Settlement of disputes

The Parties shall consult promptly at
the request of either
concerning any dispute, which has not been resolved by the
Joint Committee.

Article 8

Joint reviews

In accordance with Annex III to this Agreement, which forms
an integral part thereof, the Parties shall conduct on an annual
basis, or as otherwise agreed, a Joint Review of the implemen-
this Agreement and any matters related thereto,
tation of
including developments such as the definition by the ICAO of
relevant PNR guidelines.

Article 9

Entry into force, amendments to and termination of the
Agreement

shall enter

This Agreement

into force following an
1.
exchange of notifications between the Parties advising that the
procedures required for entry into force thereof have been
completed. This Agreement shall come into force on the date
of the second notification.

2. Without prejudice to Article 6(3), this Agreement may be
amended by
Such
an Agreement between the
amendment shall enter into force 90 days after the Parties
the relevant
have exchanged notifications of completion of
internal procedures.

Parties.

3.
This Agreement may be terminated by either Party at any
time following written notification not less than 90 days in
advance of the proposed termination date.

Article 10

This Agreement is not intended to derogate from or amend
legislation of the Parties.

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto, have signed this Agreement.

DONE, in duplicate, in Luxembourg, this third day of October
two thousand and five, in the Czech, Danish, Dutch, English,
Italian,
Estonian, Finnish, French, German, Greek, Hungarian,
Slovak,
Latvian,
Slovenian, Spanish and Swedish languages, each version being
equally authentic. In case of divergence the English and French
versions shall prevail.

Lithuanian, Maltese,

Portuguese,

Polish,

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Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

Por el Gobierno de Canadá
Za vládu Kanady
For Canadas regering
Für die Regierung Kanadas
Kanada valitsuse nimel
Για την Κυβέρνηση του Καναδά

For the Government of Canada
Pour le gouvernement du Canada
Per il governo del Canada
Kanādas Valdības vārdā
Kanados Vyriausybės vardu
Kanada kormánya részéről
Għall-Gvern tal-Kanada
Voor de Regering van Canada
W imieniu rządu Kanady
Pelo Governo do Canadá
Za vládu Kanady
Za Vlado Kanade
Kanadan hallituksen puolesta
På Canadas regerings vägnar

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Official Journal of the European Union

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ANNEX I

Competent authorities

For the purpose of Article 3, the competent authority for Canada is the Canada Border Services Agency (CBSA).

ANNEX II

PNR data elements to be collected

1. PNR record locator

2. Date of reservation

3. Date(s) of intended travel

4. Name

5. Other names on PNR

6. All forms of payment information

7. Billing address

8. Contact telephone numbers

9. All travel itinerary for specific PNR

10. Frequent flyer information (limited to miles flown and address(es))

11. Travel agency

12. Travel agent

13. Split/divided PNR information

14. Ticketing field information

15. Ticket number

16. Seat number

17. Date of ticket issuance

18. No show history

19. Bag tag numbers

20. Go show information

21. Seat information

22. One-way tickets

23. Any collected APIS information

24. Standby

25. Order at check in

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ANNEX III

Joint review

The Parties will communicate to each other in advance of the joint review the composition of their respective teams,
which may include appropriate authorities concerned with privacy/data protection, customs, immigration, enforcement,
intelligence and interdiction, and other forms of law enforcement, border security and/or aviation security, including
experts from Member States of the European Union.

Subject to applicable laws, any participants in the review will be required to respect the confidentiality of the discussions
and have appropriate security clearances. Confidentiality will not however be an obstacle to each Party making an
appropriate report on the results of the joint review to their respective competent bodies, including the Parliament of
Canada and the European Parliament.

The Parties will jointly determine the detailed modalities of the joint review.