Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2022/0145 (NLE)**

**Brussels, 14 June 2022**
**(OR. en)**

**9269/22**

**ENFOPOL 279**

**CT 86**

**RELEX 664**

**JAI 682**

**NZ 3**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: Agreement between the European Union, of the one part, and New Zealand,
of the other part, on the exchange of personal data between the European
Union Agency for Law Enforcement Cooperation (Europol) and the authorities
of New Zealand competent for fighting serious crime and terrorism

9269/22 VS/IC/jb
# JAI.1  EN

AGREEMENT

BETWEEN THE EUROPEAN UNION, OF THE ONE PART,

AND NEW ZEALAND, OF THE OTHER PART,

ON THE EXCHANGE OF PERSONAL DATA BETWEEN THE EUROPEAN UNION AGENCY

FOR LAW ENFORCEMENT COOPERATION (EUROPOL)

AND THE AUTHORITIES OF NEW ZEALAND

COMPETENT FOR FIGHTING SERIOUS CRIME AND TERRORISM

EU/NZ/en 1

THE EUROPEAN UNION, hereinafter also referred to as the "Union" or "EU",

and

NEW ZEALAND,

hereinafter jointly referred to as "the Contracting Parties",

CONSIDERING that by allowing the exchange of personal data between the European Union

Agency for Law Enforcement Cooperation (Europol) and the competent authorities of

New Zealand, this Agreement will create the framework for an enhanced operational cooperation

between the Union and New Zealand in the field of law enforcement, while safeguarding the human

rights and fundamental freedoms of all individuals concerned, including the right to privacy and

data protection,

CONSIDERING that this Agreement is without prejudice to mutual legal assistance arrangements

between New Zealand and the Member States of the Union allowing for the exchange of personal

data,

EU/NZ/en 2

CONSIDERING that this Agreement does not impose any requirement on the competent authorities

to transfer personal data and that the sharing of any personal data requested under this Agreement

remains voluntary,

RECOGNISING that the Contracting Parties apply comparable principles of proportionality and

reasonableness; the common essence of those principles is the requirement of ensuring a fair

balance between all the interests concerned, whether public or private, in the light of all the

circumstances of the case at hand. Such balancing involves, on the one hand, the right to privacy of

individuals together with other human rights and interests and, on the other hand, the countervailing

legitimate objectives that may be pursued, such as the purposes of processing personal data

reflected in this Agreement,

HAVE AGREED AS FOLLOWS:

EU/NZ/en 3

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1

Objective

The objective of this Agreement is to allow the transfer of personal data between the

European Union Agency for Law Enforcement Cooperation (Europol) and the competent

authorities of New Zealand, in order to support and strengthen the action by the authorities of the

Member States of the Union and those of New Zealand, as well as their mutual cooperation in

preventing and fighting criminal offences, including serious crime and terrorism, while ensuring

appropriate safeguards with respect to the human rights and fundamental freedoms of individuals,

including the right to privacy and data protection.

ARTICLE 2

Definitions

For the purposes of this Agreement, the following definitions apply:

(1) 'Contracting Parties' means the European Union and New Zealand;

EU/NZ/en 4

(2) 'Europol' is the European Union Agency for Law Enforcement Cooperation, set up under

Regulation (EU) 2016/794 **[1]** or any amendment thereto ("Europol Regulation");

(3) 'competent authorities' means, for New Zealand, the domestic law enforcement authorities

that under New Zealand national law are responsible for preventing and combatting criminal

offences as listed in Annex II ("competent authorities of New Zealand"), and, for the Union,

Europol;

(4) 'Union bodies' means institutions, bodies, missions, offices and agencies set up by, or on the

basis of the Treaty on European Union ("TEU") and the Treaty on the Functioning of the

European Union ("TFEU"), listed in Annex III;

(5) 'criminal offences' are the types of crime listed in Annex I and related criminal offences;

criminal offences are considered to be related to the types of crime listed in Annex I if they

are committed in order to procure the means of perpetrating, to facilitate or perpetrate, or to

ensure the impunity of those committing such types of crime;

(6) 'personal data' means any information relating to a data subject;

**1** Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on
the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and
repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA
and 2009/968/JHA (OJ EU L 135, 24.5.2016, p. 53).

EU/NZ/en 5

(7) 'data subject' means an identified or identifiable natural person; an identifiable person being

a person who can be identified, directly or indirectly, in particular by reference to an identifier

such as a name, an identification number, location data, an online identifier or to one or more

factors specific to the physical, physiological, genetic, mental, economic, cultural or social

identity of that person;

(8) 'genetic data' means all personal data relating to the genetic characteristics of an individual

that have been inherited or acquired, which give unique information about the physiology or

the health of that individual, resulting in particular from an analysis of a biological sample

from the individual in question;

(9) 'processing' means any operation or set of operations which is performed on personal data or

sets of personal data, whether or not by automated means, such as collection, recording,

organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use,

disclosure by transmission, dissemination or otherwise making available, alignment or

combination, restriction, erasure or destruction;

(10) 'personal data breach' means a breach of security leading to the accidental or unlawful

destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted,

stored or otherwise processed;

EU/NZ/en 6

(11) 'supervisory authority' means one or more domestic independent authorities that are, alone or

cumulatively, responsible for data protection in accordance with Article 16, and that have

been notified according to that Article; this may include authorities whose responsibility also

covers other human rights;

(12) 'international organisation' means an organisation and its subordinate bodies governed by

public international law, or any other body, which is set up by, or on the basis of, an

agreement between two or more countries.

ARTICLE 3

Purposes of processing personal data

1. Personal data requested and received under this Agreement shall be processed only for the

purposes of the prevention, investigation, detection or prosecution of criminal offences or the

execution of criminal penalties within the limits of Article 4(5) and the respective mandates of the

competent authorities.

EU/NZ/en 7

2. The competent authorities shall clearly indicate, at the latest at the moment of transferring

personal data, the specific purpose or purposes for which the data are being transferred. For

transfers to Europol, the purpose or purposes for such transfer shall be specified in line with the

specific purpose or purposes of processing set out in Europol’s mandate.

CHAPTER II

INFORMATION EXCHANGE AND DATA PROTECTION

ARTICLE 4

General data protection principles

1. Each Contracting Party shall provide for personal data exchanged under this Agreement to be:

(a) processed fairly, lawfully and only for the purpose or purposes for which they have been

transferred in accordance with Article 3;

EU/NZ/en 8

(b) adequate, relevant and limited to what is necessary in relation to the purpose or purposes for

which they are processed;

(c) accurate and kept up to date; each Contracting Party shall provide that its competent

authorities take every reasonable step to ensure that personal data that are inaccurate, having

regard to the purposes for which they are processed, are rectified or erased without undue

delay;

(d) kept in a form which permits identification of data subjects for no longer than is necessary for

the purposes for which the personal data are processed;

(e) processed in a manner that ensures appropriate security of the personal data.

2. The transferring competent authority, at the moment of transferring personal data, may

indicate any restriction on access thereto or the use to be made thereof, in general or specific terms,

including as regards its onward transfer, erasure or destruction after a certain period of time, or the

further processing of it. Where the need for such restrictions becomes apparent after the information

has been provided, the transferring competent authority shall inform the receiving authority

accordingly.

EU/NZ/en 9

3. Each Contracting Party shall ensure that the receiving competent authority complies with any

restriction on access or further use of the personal data indicated by the transferring competent

authority as described in paragraph 2.

4. Each Contracting Party shall provide that its competent authorities implement appropriate

technical and organisational measures in such a way as to be able to demonstrate that the processing

will comply with this Agreement and the rights of the data subjects concerned are protected.

5. Each Contracting Party shall ensure that its competent authorities do not transfer personal data

which have been obtained in a manifest violation of human rights recognised by the norms of

international law binding on the Contracting Parties. Each Contracting Party shall ensure that the

personal data received are not used to request, hand down or execute a death penalty or any form of

cruel or inhuman treatment.

6. Each Contracting Party shall ensure that a record is kept of all transfers of personal data under

this Agreement and of the purpose or purposes for those transfers.

EU/NZ/en 10

ARTICLE 5

Special categories of personal data and different categories of data subjects

1. The transfer of personal data in respect of victims of a criminal offence, witnesses or other

persons who can provide information concerning criminal offences, or in respect of persons under

the age of 18, shall be prohibited unless such transfer is strictly necessary as well as reasonable and

proportionate in individual cases for preventing or fighting a criminal offence.

2. The transfer of personal data revealing racial or ethnic origin, political opinions, religious or

philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of

uniquely identifying a natural person, or data concerning health, or data concerning a natural

person’s sex life or sexual orientation shall be allowed only where strictly necessary as well as

reasonable and proportionate in individual cases for preventing or fighting a criminal offence, and if

those data, except biometric data, supplement other personal data.

3. The Contracting Parties shall ensure that the processing of personal data under paragraphs 1

and 2 of this Article is subject to appropriate safeguards guarding against the specific risks

involved, including restrictions on access, measures for data security within the meaning of

Article 15 and limitations on onward transfers under Article 7.

EU/NZ/en 11

ARTICLE 6

Automated processing of personal data

Decisions based solely on automated processing of the personal data exchanged, including

profiling, without human intervention, which may produce an adverse legal effect on the data

subject or significantly affect him or her, shall be prohibited, unless authorised at law for preventing

or fighting a criminal offence and with appropriate safeguards for the rights and freedoms of the

data subject, including at least the right to obtain human intervention.

ARTICLE 7

Onward transfer of the personal data received

1. New Zealand shall ensure that its competent authorities only transfer personal data received

under this Agreement to other authorities in New Zealand if:

(a) Europol has given its prior explicit authorisation;

EU/NZ/en 12

(b) the purpose or purposes of the onward transfer is the same as the original purpose or purposes

of the transfer by Europol, or, within the limits of Article 3(1), is directly related to that

original purpose or purposes; and

(c) the onward transfer is subject to the same conditions and safeguards as those applying to the

original transfer.

Without prejudice to Article 4(2), no prior authorisation is required when the receiving

authority is itself a competent authority of New Zealand. The same applies to the ability of

Europol to share personal data with authorities responsible in the Member States of the Union

for preventing and fighting criminal offences, and with Union bodies.

2. New Zealand shall ensure that onward transfers of personal data received by its competent

authorities under this Agreement to the authorities of a third country or to an international

organisation are prohibited, unless the following conditions are fulfilled:

(a) the transfer concerns personal data other than that covered by Article 5;

(b) Europol has given its prior explicit authorisation;

(c) the purpose or purposes of the onward transfer is the same as the original purpose or purposes

of the transfer by Europol; and

EU/NZ/en 13

(d) the onward transfer is subject to the same conditions and safeguards as those applying to the

original transfer.

3. Europol may only grant its authorisation under paragraph 2, point b, of this Article for an

onward transfer to the authority of a third country or to an international organisation if and insofar

as an adequacy decision, an international agreement providing appropriate safeguards with respect

to the protection of the right to privacy and fundamental rights and freedoms of individuals, a

cooperation agreement or any other legal ground for transfers of personal data within the meaning

of the Europol Regulation covering the onward transfer is in place.

4. The Union shall ensure that onward transfers of personal data received by Europol under

this Agreement to Union bodies not listed in Annex III, authorities of third countries or

an international organisation are prohibited, unless:

(a) the transfer concerns personal data other than that covered by Article 5;

(b) New Zealand has given its prior explicit authorisation;

(c) the purpose or purposes of the onward transfer is the same as the original purpose of the

transfer by New Zealand; and

EU/NZ/en 14

(d) an adequacy decision, an international agreement providing appropriate safeguards with

respect to the protection of the right to privacy and fundamental rights and freedoms of

individuals or a cooperation agreement within the meaning of the Europol Regulation is in

place with that third country or international organisation or unless Europol is able to rely on

any other legal ground for transfers of personal data within the meaning of the Europol

Regulation.

ARTICLE 8

Assessment of reliability of the source of and accuracy of information

1. The competent authorities shall indicate as far as possible, at latest at the moment of

transferring personal data, the reliability of the source of the information on the basis of one or more

of the following criteria:

(a) where there is no doubt about the authenticity, trustworthiness and competence of the source,

or if the information is supplied by a source who, in the past, has in all instances proved to be

reliable;

(b) where the information is provided by a source from whom information received has in most

instances proved to be reliable;

EU/NZ/en 15

(c) where the information is provided by a source from whom information received has in most

instances proved to be unreliable;

(d) where the reliability of the source cannot be assessed.

2. The competent authorities shall indicate as far as possible, at the latest at the moment of

transferring personal data, the accuracy of the information on the basis of one or more of the

following criteria:

(a) information, the accuracy of which is not in doubt at the time of transfer;

(b) information known personally to the source but not known personally to the official passing it

on;

(c) information not known personally to the source but corroborated by other information already

recorded;

(d) information which is not known personally to the source and cannot be corroborated.

EU/NZ/en 16

3. Where the receiving competent authority, on the basis of information already in its

possession, comes to the conclusion that the assessment of information supplied by the transferring

competent authority or of its source carried out in accordance with paragraphs 1 and 2 needs

correction, it shall inform that competent authority and shall attempt to agree on an amendment to

the assessment. The receiving competent authority shall not change the assessment of information

received or of its source without such an agreement.

4. If a competent authority receives information without an assessment, it shall attempt as far as

possible and where possible in agreement with the transferring competent authority to assess the

reliability of the source or the accuracy of the information on the basis of information already in its

possession.

5. If no reliable assessment can be made, the information shall be evaluated in accordance with

paragraph 1, point d, and paragraph 2, point (d), as applicable.

EU/NZ/en 17

RIGHTS OF DATA SUBJECTS

ARTICLE 9

Right of access

1. The Contracting Parties shall ensure that the data subject has the right, at reasonable intervals,

to obtain information on whether personal data relating to him or her are processed under this

Agreement, and when that is the case, access to at least the following information:

(a) confirmation as to whether or not data related to him or her have been processed;

(b) information on at least the purpose or purposes of processing, the categories of data

concerned, and where applicable the recipients or categories of recipients to whom the data

are disclosed;

(c) the existence of the right to request from the competent authority rectification/correction,

erasure/deletion of personal data or restriction of processing of personal data concerning the

data subject;

(d) an indication of the legal ground for the processing;

EU/NZ/en 18

(e) where possible, the envisaged period for which the personal data will be stored, or, if that is

not possible, the criteria used to determine that period;

(f) communication in an intelligible form of the personal data undergoing processing and of any

available information as to its sources.

2. In cases where the right of access is exercised, the transferring Contracting Party will be

consulted on a non-binding basis before a final decision on the request for access is taken.

3. The Contracting Parties may provide for the provision of information in response to any

request under paragraph 1 to be delayed, refused or restricted if and as long as such delay, refusal or

restriction constitutes a measure that is necessary as well as reasonable and proportionate taking

into account the fundamental rights and interests of the data subject, in order to:

(a) ensure that any criminal investigation and prosecution will not be jeopardised;

(b) protect the rights and freedoms of third parties; or

(c) protect national security and public order or prevent crime.

EU/NZ/en 19

4. The Contracting Parties shall ensure that the competent authority informs the data subject in

writing of any delay, refusal or restriction of access and of the reasons for such delay, refusal or

restriction of access. Those reasons may be omitted if and as long as this would undermine

the purpose of the delay, refusal or restriction under paragraph 3. The competent authority shall

inform the data subject of the possibility of lodging a complaint with the respective supervisory

authorities and of other available means of redress provided for in their respective legal

frameworks.

ARTICLE 10

Right to rectification/correction, erasure/deletion and restriction

1. The Contracting Parties shall ensure that the data subject has the right to request the

competent authorities to rectify/correct inaccurate personal data that concern that data subject and

have been transferred under this Agreement. Taking into account the purpose or purposes of the

processing, this includes the right to have incomplete personal data transferred under this

Agreement completed.

2. Rectification/correction shall include erasure/deletion of personal data that are no longer

required for the purpose or purposes for which they are processed.

EU/NZ/en 20

3. The Contracting Parties may provide for the restriction of processing rather than the

erasure/deletion of personal data if there are reasonable grounds to believe that such

erasure/deletion could affect the legitimate interests of the data subject.

4. The competent authorities shall inform each other of measures taken pursuant to paragraphs 1,

2 and 3. The receiving competent authority shall rectify/correct, erase or restrict the processing in

accordance with the action taken by the transferring competent authority.

5. The Contracting Parties shall provide for the competent authority which has received the

request to inform the data subject in writing without undue delay, and in any case within three

months of receipt of a request in accordance with paragraph 1 or 2, that data concerning the data

subject have been rectified/corrected, erased/deleted or the processing has been restricted.

6. The Contracting Parties shall provide for the competent authority which has received the

request to inform the data subject in writing, without undue delay and in any case within

three months of receipt of a request of any refusal of rectification/correction, erasure/deletion or

restriction of processing, of the reasons for such a refusal and of the possibility of lodging a

complaint with the respective supervisory authorities and other available means of redress provided

for in their respective legal frameworks.

EU/NZ/en 21

ARTICLE 11

Notification of a personal data breach to the authorities concerned

1. The Contracting Parties shall ensure, in the event of a personal data breach affecting personal

data transferred under this Agreement, that the respective competent authorities notify each other as

well as their respective supervisory authority of that personal data breach without delay, and to take

measures to mitigate its possible adverse effects.

2. The notification shall at least:

(a) describe the nature of the personal data breach including, where possible, the categories and

number of data subjects concerned and the categories and number of personal data records

concerned;

(b) describe the likely consequences of the personal data breach;

(c) describe the measures taken or proposed to be taken by the competent authority to address the

personal data breach, including the measures taken to mitigate its possible adverse effects.

EU/NZ/en 22

3. To the extent that it is not possible to provide all the required information at the same time, it

may be provided in phases. Outstanding information shall be provided without undue further delay.

4. The Contracting Parties shall ensure that their respective competent authorities document any

personal data breaches affecting personal data transferred under this Agreement, including the facts

surrounding the personal data breach, its effects and the remedial action taken, thereby enabling

their respective supervisory authority to verify compliance with applicable legal requirements.

ARTICLE 12

Communication of a personal data breach to the data subject

1. The Contracting Parties shall, where a personal data breach as referred to in Article 11 is

likely to have a serious adverse effect upon the rights and freedoms of the data subject, provide for

their respective competent authorities to communicate the personal data breach to the data subject

without undue delay.

2. The communication to the data subject pursuant to paragraph 1 shall describe, where possible,

the nature of the personal data breach, recommend measures to mitigate the possible adverse effects

of the personal data breach, and provide the name and contact details of the contact point where

more information can be obtained.

EU/NZ/en 23

3. The communication to the data subject pursuant to paragraph 1 shall not be required if:

(a) the personal data concerned by the breach were subject to appropriate technological

protection measures that render the data unintelligible to any person who is not authorised to

have access to that data;

(b) subsequent measures have been taken which ensure that the rights and freedoms of the data

subject are no longer likely to be severely affected; or

(c) communication to the data subject pursuant to paragraph 1 would involve disproportionate

effort, in particular owing to the number of cases involved; in such a case, there shall instead

be a public communication or similar measure whereby the data subject is informed in an

equally effective manner.

4. The communication to the data subject pursuant to paragraph 1 may be delayed, restricted or

omitted where such communication would be likely to:

(a) obstruct official or legal inquiries, investigations or procedures;

(b) prejudice the prevention, detection, investigation and prosecution of criminal offences or the

execution of criminal penalties, public order or national security;

EU/NZ/en 24

(c) affect the rights and freedoms of third parties;

where this constitutes a necessary as well as reasonable and proportionate measure with due regard

for the legitimate interests of the data subject concerned.

ARTICLE 13

Storage, review, correction and deletion of personal data

1. The Contracting Parties shall provide for appropriate time limits to be established for the

storage of personal data received under this Agreement or for a periodic review of the need for the

storage of personal data, so that personal data are stored only as long as is necessary for the purpose

or purposes for which they are transferred.

2. In any case, the need for continued storage of personal data shall be reviewed no later than

three years after the personal data has been transferred, and if no justified and documented decision

is taken on the continued storage of personal data, personal data shall be erased automatically after

three years.

EU/NZ/en 25

3. Where a competent authority has reason to believe that personal data previously transferred

by it are incorrect, inaccurate, no longer up to date or should not have been transferred, it shall

inform the receiving competent authority, which shall correct or delete that data, and provide

notification thereof to the transferring competent authority.

4. Where a competent authority has reason to believe that personal data previously received are

incorrect, inaccurate, no longer up to date or should not have been transferred, it shall inform the

transferring competent authority, which shall provide its position on the matter. Where the

transferring competent authority concludes that the personal data are incorrect, inaccurate, no longer

up to date or should not have been transferred, it shall inform the receiving competent authority,

which shall correct or delete that data, and provide notification thereof to the transferring competent

authority.

ARTICLE 14

Logging and documentation

1. The Contracting Parties shall provide for the keeping of logs or documentation of the

collection, alteration, access, disclosure including onward transfers, combination and erasure of

personal data.

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2. Logs or documentation referred to in paragraph 1 shall be made available to the respective

supervisory authority upon request for the purpose of verification of the lawfulness of processing,

self-monitoring and ensuring proper data integrity and security.

ARTICLE 15

Data security

1. The Contracting Parties shall ensure the implementation of technical and organisational

measures to protect personal data exchanged under this Agreement.

2. In respect of automated processing, the Contracting Parties shall ensure the implementation of

measures designed to:

(a) deny unauthorised persons access to processing equipment used for processing personal data

(equipment access control);

(b) prevent the unauthorised reading, copying, modification or removal of data media (data media

control);

EU/NZ/en 27

(c) prevent the unauthorised input of personal data and the unauthorised inspection, modification

or deletion of stored personal data (storage control);

(d) prevent the use of automated processing systems by unauthorised persons using data

communication equipment (user control);

(e) ensure that persons authorised to use an automated processing system have access only to the

personal data covered by their access authorisation (data access control);

(f) ensure that it is possible to verify and establish to which bodies personal data may be or have

been transmitted using data communication equipment (communication control);

(g) ensure that it is possible to verify and establish which personal data have been input into

automated processing systems and when and by whom the personal data were input (input

control);

(h) ensure that it is possible to verify and establish what personal data have been accessed by

which member of personnel and at what time (access log);

EU/NZ/en 28

(i) prevent the unauthorised reading, copying, modification or deletion of personal data during

transfers of personal data or during transportation of data media (transport control);

(j) ensure that installed systems may, in the event of interruption, be restored immediately

(recovery);

(k) ensure that the functions of the system perform without fault, that the appearance of faults in

the functions is immediately reported (reliability) and that stored personal data cannot be

corrupted by system malfunctions (integrity).

ARTICLE 16

Supervisory authority

1. Each Contracting Party shall ensure that there is an independent public authority responsible

for data protection (supervisory authority) to oversee matters affecting the right to privacy of

individuals, including the domestic rules relevant under this Agreement, in order to protect the

fundamental rights and freedoms of natural persons in relation to the processing of personal data.

The Contracting Parties shall notify each other of the authority that each of them considers as the

supervisory authority.

EU/NZ/en 29

2. The Contracting Parties shall ensure that each supervisory authority:

(a) acts with complete independence in performing its tasks and exercising its powers; it shall act

free from external influence and neither seek nor accept instructions; its members shall have

a secure term of office, including safeguards against arbitrary removal;

(b) has the human, technical and financial resources, premises and infrastructure necessary for the

effective performance of its tasks and exercise of its powers;

(c) has effective powers of investigation and intervention to exercise oversight over the bodies it

supervises and to engage in legal proceedings;

(d) has powers to hear complaints from individuals about the use of their personal data by the

competent authorities under its supervision.

ARTICLE 17

Administrative and judicial redress

Data subjects shall have the right to effective administrative and judicial redress for violations of

the rights and safeguards recognised in this Agreement resulting from the processing of their

personal data. The Contracting Parties shall notify each other of the domestic legislation that each

of them considers as providing for the rights guaranteed under this Article.

EU/NZ/en 30

CHAPTER III

DISPUTES

ARTICLE 18

Settlement of disputes

All disputes which may emerge in connection with the interpretation, application or implementation

of this Agreement and any matters related thereto shall give rise to consultations and negotiations

between representatives of the Contracting Parties with a view to reaching a mutually agreeable

solution.

ARTICLE 19

Suspension clause

1. In the event of a material breach or of non-fulfilment of obligations stemming from this

Agreement, either Contracting Party may suspend this Agreement temporarily in part or in whole

by written notification to the other Contracting Party through diplomatic channels. Such written

notification shall not be made until after the Contracting Parties have engaged in a reasonable

period of consultation without reaching a resolution and suspension shall take effect 20 days from

the date of receipt of such notification. Such suspension may be lifted by the suspending

Contracting Party upon written notification to the other Contracting Party. The suspension shall be

lifted immediately upon receipt of such notification.

EU/NZ/en 31

2. Notwithstanding any suspension of this Agreement, personal data falling within the scope of

this Agreement and transferred prior to the suspension of this Agreement shall continue to be

processed in accordance with this Agreement.

ARTICLE 20

Termination

1. This Agreement may be terminated at any time by either of the Contracting Parties by written

notification through diplomatic channels, with three months’ notice.

2. Personal data falling within the scope of this Agreement and transferred prior to the

termination of this Agreement shall continue to be processed in accordance with this Agreement at

the time of termination.

3. In case of termination of this Agreement, the Contracting Parties shall reach an agreement on

the continued use and storage of the information that has already been communicated between

them.

EU/NZ/en 32

CHAPTER IV

FINAL PROVISIONS

ARTICLE 21

Relation to other international instruments

1. This Agreement shall not prejudice or otherwise affect or impact the legal provisions with

regard to the exchange of information provided for by any mutual legal assistance treaty, any other

cooperation agreement or arrangement, or working law enforcement relationship for the exchange

of information between New Zealand and any Member State of the Union.

2. This Agreement shall be complemented by the Working Arrangement establishing

cooperative relations between New Zealand Police and the European Union Agency for Law

Enforcement Cooperation.

EU/NZ/en 33

ARTICLE 22

Implementing administrative arrangement

The details of cooperation between the Contracting Parties, as appropriate, to implement this

Agreement shall be the subject of an implementing administrative arrangement concluded between

Europol and the competent authorities of New Zealand, in accordance with the Europol Regulation.

ARTICLE 23

Administrative arrangement on confidentiality

Where necessary under this Agreement, the exchange of EU classified information shall be

regulated by an Administrative Arrangement on Confidentiality concluded between Europol and the

competent authorities of New Zealand.

EU/NZ/en 34

ARTICLE 24

National contact point and liaison officers

1. New Zealand shall designate a national contact point to act as the central point of contact

between Europol and competent authorities of New Zealand. The specific tasks of the national

contact point shall be listed in the implementing administrative arrangement referred to in

Article 22. The designated national contact point for New Zealand is indicated in Annex IV.

2. Europol and New Zealand shall enhance their cooperation as laid down in this Agreement

through the deployment of liaison officer(s) by New Zealand. Europol may deploy one or more

liaison officer(s) to New Zealand.

ARTICLE 25

Expenses

The Contracting Parties shall ensure that the competent authorities bear their own expenses, which

arise in the course of the implementation of this Agreement, unless otherwise provided for in this

Agreement or stipulated in the implementing administrative arrangement referred to in Article 22.

EU/NZ/en 35

ARTICLE 26

Notification of implementation

1. Each Contracting Party shall provide for its competent authorities to make publicly available

a document setting out in an intelligible form the provisions regarding the processing of personal

data transferred under this Agreement, including the means available for the exercise of the rights of

data subjects. Each Contracting Party shall ensure that a copy of that document is notified to the

other Contracting Party.

2. Where not already in place, the competent authorities shall adopt rules specifying how

compliance with the provisions regarding the processing of personal data transferred under this

Agreement will be enforced in practice. A copy of those rules shall be notified to the other

Contracting Party and the respective supervisory authorities.

EU/NZ/en 36

ARTICLE 27

Entry into force and application

1. This Agreement shall be approved by the Contracting Parties in accordance with their own

procedures.

2. This Agreement shall enter into force on the date of the receipt of the last written notification

by which the Contracting Parties have notified each other through diplomatic channels that the

procedures referred to in paragraph 1 have been completed.

3. This Agreement shall be applicable on the first day after the date when all of the following

conditions have been fulfilled:

(a) the implementing administrative arrangement referred to in Article 22 has become applicable;

and

(b) the Contracting Parties have notified one another that the obligations laid down in this

Agreement have been implemented, including those laid down in Article 26, and such

notification has been accepted.

EU/NZ/en 37

4. The Contracting Parties shall exchange written notifications confirming the fulfilment of the

conditions set out in paragraph 3 through diplomatic channels.

ARTICLE 28

Amendments and supplements

1. This Agreement may be amended in writing, at any time by mutual consent between the

Contracting Parties by written notification exchanged through diplomatic channels.

The amendments to this Agreement shall enter into force in accordance with the legal procedure

provided for in Article 27(1) and (2).

2. The Annexes to this Agreement may be updated, as necessary, by exchange of diplomatic

notes. Such updates shall enter into force in accordance with the legal procedure provided for in

Article 27(1) and (2).

3. The Contracting Parties shall enter into consultations with respect to the amendment to this

Agreement or its Annexes at the request of either Contracting Party.

EU/NZ/en 38

ARTICLE 29

Review and evaluation

1. The Contracting Parties shall jointly review the implementation of this Agreement one year

after its entry into force, and at regular intervals thereafter, and additionally if requested by either

Contracting Party and jointly decided.

2. The Contracting Parties shall jointly evaluate this Agreement four years after the date of its

application.

3. The Contracting Parties shall decide in advance on the modalities of the review of the

implementation of this Agreement and shall communicate to each other the composition of their

respective teams. The teams shall include relevant experts on data protection and law enforcement.

Subject to applicable laws, any participants in a review shall be required to respect the

confidentiality of the discussions and have appropriate security clearances. For the purposes of any

review, the Union and New Zealand shall ensure access to relevant documentation, systems and

personnel.

EU/NZ/en 39

ARTICLE 30

Territorial applicability

1. This Agreement shall apply to the territory in which, and in so far as, the TEU and TFEU are

applicable, and to the territory of New Zealand.

2. This Agreement shall only apply to the territory of Denmark if the Union notifies

New Zealand in writing that Denmark has chosen to be bound by this Agreement.

3. If the Union notifies New Zealand before the date of application of this Agreement that this

Agreement will apply to the territory of Denmark, this Agreement shall apply to the territory of

Denmark on the same day that this Agreement applies to the other Member States of the Union.

4. If the Union notifies New Zealand after the entry into force of this Agreement, that this

Agreement applies to the territory of Denmark, this Agreement shall apply to the territory of

Denmark 30 days following the date of such notification.

EU/NZ/en 40

ARTICLE 31

This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,

English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian,

Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish, each text being

equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have

signed this Agreement.

For the European Union

For New Zealand

EU/NZ/en 41

**ANNEX I**

AREAS OF CRIME

Criminal offences are:

–
terrorism,

–
organised crime,

–
drug trafficking,

–
money-laundering activities,

–
crime connected with nuclear and radioactive substances,

–
immigrant smuggling,

–
trafficking in human beings,

–
motor vehicle crime,

–
murder, grievous bodily injury,

–
illicit trade in human organs and tissue,

–
kidnapping, illegal restraint and hostage taking,

EU/NZ/Annex I/en 1

–
racism and xenophobia,

–
robbery and aggravated theft,

–
illicit trafficking in cultural goods, including antiquities and works of art,

–
swindling and fraud,

–
crime against the financial interests of the Union,

–
insider dealing and financial market manipulation,

–
racketeering and extortion,

–
counterfeiting and product piracy,

–
forgery of administrative documents and trafficking therein,

–
forgery of money and means of payment,

–
computer crime,

–
corruption,

–
illicit trafficking in arms, ammunition and explosives,

EU/NZ/Annex I/en 2

–
illicit trafficking in endangered animal species,

–
illicit trafficking in endangered plant species and varieties,

–
environmental crime, including ship-source pollution,

–
illicit trafficking in hormonal substances and other growth promoters,

–
sexual abuse and sexual exploitation, including child abuse material and solicitation of

children for sexual purposes,

–
genocide, crimes against humanity and war crimes.

The forms of crime referred to in this Annex shall be assessed by the competent authorities of

New Zealand in accordance with the law of New Zealand.

________________

EU/NZ/Annex I/en 3

**ANNEX II**

COMPETENT AUTHORITIES OF NEW ZEALAND AND THEIR COMPETENCES

The competent authorities of New Zealand to which Europol may transfer personal data are as

follows:

New Zealand Police (as principal competent authority of New Zealand)

New Zealand Customs Service

New Zealand Immigration Service

________________

EU/NZ/Annex II/en 1

**ANNEX III**

LIST OF UNION BODIES

Common Security and Defence Policy Missions/Operations, limited to law enforcement activities

European Anti-Fraud Office (OLAF)

European Border and Coast Guard Agency (Frontex)

European Central Bank (ECB)

European Public Prosecutor's Office (EPPO)

European Union Agency for Criminal Justice Cooperation (Eurojust)

European Union Intellectual Property Office (EUIPO)

________________

EU/NZ/Annex III/en 1

**ANNEX IV**

NATIONAL CONTACT POINT

The national contact point for New Zealand to act as the central point of contact between Europol

and competent authorities of New Zealand is

New Zealand Police

New Zealand has the duty to inform Europol in case the national contact point for New Zealand

changes

________________

EU/NZ/Annex IV/en 1