Council Decision 2008/651/CFSP/JHA of 30 June 2008 on the signing, on behalf of the European Union, of an Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service
Date: 2008-06-30
Institutions: Council of the European Union
Subjects: Australia, European Union, agreement (EU), air transport, carrier, data protection, disclosure of information, personal data, signature of an agreement

8.8.2008

EN

Official Journal of the European Union

L 213/47

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2008/651/CFSP/JHA

of 30 June 2008

on the signing, on behalf of the European Union, of an Agreement between the European Union
and Australia on the processing and transfer of European Union-sourced passenger name record
(PNR) data by air carriers to the Australian Customs Service

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

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

Whereas:

(1)

(2)

(3)

(4)

(5)

On 28 February 2008 the Council decided to authorise
the Presidency, assisted by the Commission,
to open
negotiations for an Agreement between the European
Union and Australia on the processing and transfer of
European Union-sourced passenger name record (PNR)
data by air carriers to the Australian Customs Service.
Those negotiations have been successful and a draft
Agreement has been drawn up.

This Agreement contains detailed assurances for
the
protection of PNR data transferred from the European
Union concerning passenger flights to or from Australia.

Australia and the European Union will periodically
review the implementation of the Agreement, so as to
allow the Parties, in the light of such a review, to take
any action deemed necessary.

The Agreement
conclusion at a later date.

should be

signed,

subject

to its

the Agreement provides

Article 15(2) of
the
Agreement will be applied provisionally as of the date
of signature. Member States should therefore give effect
to its provisions as from that date in conformity with
existing domestic law. A Declaration to that effect will be
made at the time of signature of the Agreement,

that

Article 1

The signing of the Agreement between the European Union and
Australia on the processing and transfer of European Union-
sourced passenger name record (PNR) data by air carriers to the
Australian Customs Service, is hereby approved on behalf of the
said
to the
European Union,
Agreement.

conclusion of

subject

the

The text of the Agreement is 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 15(2) of
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.

the Agreement,

Done at Brussels, 30 June 2008.

For the Council
The President

D. RUPEL

L 213/48

EN

Official Journal of the European Union

8.8.2008

ANNEX

Declaration to be made on behalf of the European Union at the time of the signature of the Agreement between
the European Union and Australia on the processing and transfer of European Union-sourced passenger name
record (PNR) data by air carriers to the Australian customs service

‘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.’