Council Decision 2007/551/CFSP/JHA of 23 July 2007 on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement)
Date: 2007-07-23
Institutions: Council of the European Union
Subjects: United States, agreement (EU), air transport, carrier, data protection, disclosure of information, personal data, signature of an agreement

L 204/16

EN

Official Journal of the European Union

4.8.2007

COUNCIL DECISION 2007/551/CFSP/JHA

of 23 July 2007

on the signing, on behalf of the European Union, of an Agreement between the European Union
and the United States of America on the processing and transfer of Passenger Name Record (PNR)
data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR
Agreement)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty on European Union, and in
particular Articles 24 and 38 thereof,

Article 9 of the Agreement provides that the Agreement
will be applied provisionally as of the date of signature.
Member States
to its
should therefore give
effect
provisions
in conformity with
existing domestic law. A Declaration to that effect will
be made at the time of signature of the Agreement,

from that date

as

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

(1)

(2)

(3)

(4)

The Agreement between the European Union and the
United States of America on the processing and
transfer of Passenger Name Record (PNR) data by air
carriers to the United States Department of Homeland
Security (DHS) concluded on 19 October 2006 (1)
expires no later than 31 July 2007 unless extended by
mutual written agreement.

The signing of the Agreement between the European Union and
the United States of America on the processing and transfer of
Passenger Name Record (PNR) data by air carriers to the United
(2007 PNR
States Department of Homeland Security (DHS)
Agreement),
the European
Union, subject to the conclusion of the said Agreement.

is hereby approved on behalf of

On 22 February 2007 the Council decided to authorise
the Presidency, assisted by the Commission,
to open
negotiations for a long-term agreement on the same
subject. Those negotiations have been successful and a
new Agreement has been drawn up.

In a letter accompanying the new Agreement, DHS has
offered assurances for the protection of PNR data trans-
ferred from the European Union concerning passenger
flights to or from the United States.

DHS and the European Union, through a person speci-
fically designated to that end, will periodically review the
the assurances contained in the
implementation of
accompanying letter, so as to allow the Parties,
in the
light of such a review,
to take any action deemed
necessary.

The text of the Agreement, the accompanying letter from the
DHS and the letter of the EU in reply are attached to this
Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of
the European Union, subject to its conclusion.

Article 3

In accordance with Article 9 of the Agreement, the provisions
of the Agreement shall be applied on a provisional basis in
conformity with existing domestic law as of the date of its
signature, pending its entry into force. The annexed Declaration
on provisional application is to be made at
the time of
signature.

Done at Brussels, 23 July 2007.

(5)

The Agreement
conclusion at a later date.

should be

signed,

subject

to its

For the Council
The President

L. AMADO

(1) OJ L 298, 27.10.2006, p. 29.

4.8.2007

EN

Official Journal of the European Union

L 204/17

Declaration on behalf of the European Union to the agreement between the European Union and the United
States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the
United States Department of Homeland Security (DHS) (2007 PNR Agreement)

‘This Agreement, while not derogating from or amending the legislation of the EU or its Member States, will, pending its
entry into force, be implemented provisionally by the Member States in good faith, in the framework of their existing
national laws.’