Common use of LEGISLATIVE ACTS AND OTHER INSTRUMENTS Clause in Contracts

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian 10093/11 DG H 2B CG/ks AGREEMENT BETWEEN THE EUROPEAN UNION THE EUROPEAN UNION, hereafter also referred to as the EU, of the one part, and AUSTRALIA, of the other part, Together hereinafter referred to as 'the Parties', DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their respective democratic societies and common values; SEEKING to enhance and encourage cooperation between the Parties in the spirit of the EU-Australian partnership; RECOGNISING that information sharing is a fundamental component of the fight against terrorism and serious transnational crime, and that in this context the use of Passenger Name Record (PNR) data is an essential tool; RECOGNISING the importance of preventing and combating terrorism and serious transnational crime, while respecting fundamental rights and freedoms, in particular, privacy and the protection of personal data; MINDFUL of Article 6 of the Treaty on European Union on respect for fundamental rights, the right to privacy with regard to the processing of 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, the respect for privacy, and the protection of personal data under Article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 17 of the International Covenant on Civil and Political Rights on the right to privacy; RECOGNISING that, in 2008, Australia and the EU signed 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 which is applied provisionally from the time of signature but has not entered into force; NOTING that the European Parliament decided on 5 May 2010 to postpone the vote on the request for consent to that Agreement and by its Resolution of 11 November 2010 welcomed the recommendation from the European Commission to the Council of the European Union to negotiate a new agreement; RECOGNISING the relevant provisions of the Australian Customs Act 1901 (Cth) (the Customs Act), and in particular section 64AF thereof whereby, if requested, all international passenger air service operators, flying to, from or through Australia, are required to provide the Australian Customs and Border Protection Service with PNR data, to the extent that they are collected and contained in the air carrier's reservations and departure control systems, in a particular manner and form; RECOGNISING that the Australian Customs Administration Act 1985 (Cth), Migration Act 1958 (Cth), Crimes Act 1914 (Cth), Privacy Act 1988 (Cth), Freedom of Information Act 1982 (Cth), Auditor-General Act 1997 (Cth), Ombudsman Act 1976 (Cth) and Public Service Act 1999 (Cth) provide for data protection, rights of access and redress, rectification and annotation and remedies and sanctions for misuse of personal data; NOTING the commitment of Australia that the Australian Customs and Border Protection Service processes PNR data strictly for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime in strict compliance with safeguards on privacy and the protection of personal data, as set out in this Agreement; STRESSING the importance of sharing of analytical data obtained from PNR by Australia with police and judicial authorities of Member States of the European Union, and Europol or Eurojust, as a means to xxxxxx international police and judicial cooperation; AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between Australia and the European Union, or between either of the Parties and any State, regarding the processing and transfer of PNR data or any other form of data and noting that the necessity and feasibility of similar arrangements for sea passengers may be examined; HAVE AGREED AS FOLLOWS: CHAPTER I GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. SubjectSubject : Agreement between the International Criminal Court and the European Union and Australia on 14298/05 DG E IV THE INTERNATIONAL CRIMINAL COURT, Hereinafter "the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian 10093/11 DG H 2B CG/ks AGREEMENT BETWEEN THE EUROPEAN UNION Court", THE EUROPEAN UNION, hereafter also hereinafter "the EU", represented by the Presidency of the Council of the European Union, hereinafter referred to as the EUParties, CONSIDERING the fundamental importance and the priority that must be given to the consolidation of the one part, rule of law and AUSTRALIA, of the other part, Together hereinafter referred to as 'the Parties', DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their respective democratic societies and common values; SEEKING to enhance and encourage cooperation between the Parties in the spirit of the EU-Australian partnership; RECOGNISING that information sharing is a fundamental component of the fight against terrorism and serious transnational crime, and that in this context the use of Passenger Name Record (PNR) data is an essential tool; RECOGNISING the importance of preventing and combating terrorism and serious transnational crime, while respecting fundamental respect for human rights and freedomshumanitarian law, as well as the preservation of peace and the strengthening of international security, in particular, privacy conformity with the United Nations Charter and the protection of personal data; MINDFUL of as provided for in Article 6 11 of the Treaty on European Union on respect for fundamental rights, Union; NOTING that the right to privacy with regard to the processing of personal data as stipulated in Article 16 principles of the Treaty on Rome Statute of the Functioning International Criminal Court, as well as those governing its functioning, are fully in line with the principles and objectives of the European Union; EMPHASISING the importance of the administration of justice in accordance with the rule of law and procedural fairness with particular reference to the rights of the accused provided in the Rome Statute; NOTING the special role of victims and witnesses in proceedings before the Court and the need for specific measures aimed at ensuring their security and effective participation in accordance with the Rome Statute; RECALLING that the European security strategy, adopted by the principles European Council on 12 December 2003, supports an international order based on effective multilateralism; BEARING IN MIND Council Common Position 2003/444/CFSP of proportionality 16 June 2003 on the International Criminal Court as well as the Council's Action Plan to follow-up on such Common Position and necessity concerning particularly the right essential role of the International Criminal Court for the purpose of preventing and curbing the commission of the serious crimes falling within its jurisdiction; CONSIDERING that the European Union is committed to private supporting the effective functioning of the International Criminal Court and family lifeto advance universal support for it by promoting the widest possible participation in the Rome Statute; RECALLING THAT this Agreement must be read in conjunction with and subject to the Rome Statute of the International Criminal Court and the Rules of Procedure and Evidence; RECALLING THAT Article 87(6), of the respect for privacyRome Statute provides that the Court may ask any intergovernmental organisation to provide information or documents, and that the protection Court may also ask for other forms of personal data under Article 8 cooperation and assistance which may be agreed upon with such an organisation and which are in accordance with its competence or mandate; CONSIDERING THAT this Agreement covers terms of cooperation and assistance between the European Convention on the Protection of Human Rights International Criminal Court and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 17 of not between the International Covenant on Civil and Political Rights on the right to privacy; RECOGNISING that, in 2008, Australia Criminal Court and the EU signed 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 which is applied provisionally from the time of signature but has not entered into force; NOTING that the European Parliament decided on 5 May 2010 to postpone the vote on the request for consent to that Agreement and by its Resolution of 11 November 2010 welcomed the recommendation from the European Commission to the Council of the European Union to negotiate a new agreement; RECOGNISING the relevant provisions of the Australian Customs Act 1901 (Cth) (the Customs Act), and in particular section 64AF thereof whereby, if requested, all international passenger air service operators, flying to, from or through Australia, are required to provide the Australian Customs and Border Protection Service with PNR data, to the extent that they are collected and contained in the air carrier's reservations and departure control systems, in a particular manner and form; RECOGNISING that the Australian Customs Administration Act 1985 (Cth), Migration Act 1958 (Cth), Crimes Act 1914 (Cth), Privacy Act 1988 (Cth), Freedom of Information Act 1982 (Cth), Auditor-General Act 1997 (Cth), Ombudsman Act 1976 (Cth) and Public Service Act 1999 (Cth) provide for data protection, rights of access and redress, rectification and annotation and remedies and sanctions for misuse of personal data; NOTING the commitment of Australia that the Australian Customs and Border Protection Service processes PNR data strictly for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime in strict compliance with safeguards on privacy and the protection of personal data, as set out in this Agreement; STRESSING the importance of sharing of analytical data obtained from PNR by Australia with police and judicial authorities of Member States of the European Union; CONSIDERING THAT, and Europol or Eurojustto that effect, as a means to xxxxxx international police and judicial cooperation; AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between Australia the International Criminal Court and the European UnionUnion should agree on terms of cooperation and assistance in addition to Common Position 2003/444/CFSP, or between either of as well as to the Parties and any StateEU Action Plan in follow-up to that Common Position, regarding the processing and transfer of PNR data or any other form of data and noting that the necessity and feasibility of similar arrangements for sea passengers may be examined; HAVE AGREED AS FOLLOWS: CHAPTER I GENERAL PROVISIONS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian 10093/11 DG H 2B CG/ks AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA THE EUROPEAN UNION, hereafter also referred to as the EU, of the one part, and AUSTRALIA, of the other part, Together hereinafter referred to as 'the Parties', DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their respective democratic societies and common values; SEEKING to enhance and encourage cooperation between the Parties in the spirit of the EU-Australian partnership; RECOGNISING that information sharing is a fundamental component of the fight against terrorism and serious transnational crime, and that in this context the use of Passenger Name Record (PNR) data is an essential tool; RECOGNISING the importance of preventing and combating terrorism and serious transnational crime, while respecting fundamental rights and freedoms, in particular, privacy and the protection of personal data; MINDFUL of Article 6 of the Treaty on European Union on respect for fundamental rights, the right to privacy with regard to the processing of 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, the respect for privacy, and the protection of personal data under Article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 17 of the International Covenant on Civil and Political Rights on the right to privacy; RECOGNISING that, in 2008, Australia and the EU signed 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 which is applied provisionally from the time of signature but has not entered into force; NOTING that the European Parliament decided on 5 May 2010 to postpone the vote on the request for consent to that Agreement and by its Resolution of 11 November 2010 welcomed the recommendation from the European Commission to the Council of the European Union to negotiate a new agreement; RECOGNISING the relevant provisions of the Australian Customs Act 1901 (Cth) (the Customs Act), and in particular section 64AF thereof whereby, if requested, all international passenger air service operators, flying to, from or through Australia, are required to provide the Australian Customs and Border Protection Service with PNR data, to the extent that they are collected and contained in the air carrier's reservations and departure control systems, in a particular manner and form; RECOGNISING that the Australian Customs Administration Act 1985 (Cth), Migration Act 1958 (Cth), Crimes Act 1914 (Cth), Privacy Act 1988 (Cth), Freedom of Information Act 1982 (Cth), Auditor-General Act 1997 (Cth), Ombudsman Act 1976 (Cth) and Public Service Act 1999 (Cth) provide for data protection, rights of access and redress, rectification and annotation and remedies and sanctions for misuse of personal data; NOTING the commitment of Australia that the Australian Customs and Border Protection Service processes PNR data strictly for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime in strict compliance with safeguards on privacy and the protection of personal data, as set out in this Agreement; STRESSING the importance of sharing of analytical data obtained from PNR by Australia with police and judicial authorities of Member States of the European Union, and Europol or Eurojust, as a means to xxxxxx international police and judicial cooperation; AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between Australia and the European Union, or between either of the Parties and any State, regarding the processing and transfer of PNR data or any other form of data and noting that the necessity and feasibility of similar arrangements for sea passengers may be examined; HAVE AGREED AS FOLLOWS: CHAPTER I GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between Canada and the European Union and Australia on the transfer and processing of passenger name record data 8896/24 JAI.1 IC/di,cc CANADA and transfer of Passenger Name Record (PNR) data by air carriers to the Australian 10093/11 DG H 2B CG/ks AGREEMENT BETWEEN THE EUROPEAN UNION THE EUROPEAN UNION, hereafter also referred to as the EU, of the one part, and AUSTRALIA, of the other part, Together hereinafter referred to as '"the Parties'", DESIRING SEEKING to prevent prevent, detect, investigate, and combat prosecute terrorism and terrorist-related offences, as well as other serious transnational crime effectively crime, as a means of protecting their respective democratic societies and common valuesvalues to promote security and the rule of law; RECOGNISING the importance of preventing, detecting, investigating, and prosecuting terrorism and terrorist-related offences, as well as other serious transnational crime, while preserving human rights and fundamental freedoms, in particular rights to privacy and data protection; SEEKING to enhance and encourage cooperation between the Parties in the spirit of the EU-Australian partnershippartnership between Canada and the European Union; RECOGNISING that information sharing is a fundamental an essential component of the fight against terrorism and related crimes and other serious transnational crime, and that in this context context, the use of Passenger Name Record (PNR) data is an essential toola critically important instrument to pursue these goals; RECOGNISING the importance of preventing and combating terrorism and serious transnational crime, while respecting fundamental rights and freedomsthat, in particularorder 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 and the protection of personal datareflected 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 processing of personal data as stipulated in pursuant to 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, the respect for privacy, and the protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, Article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No No. 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 17 of the International Covenant on Civil and Political Rights on the right ; HAVING REGARD to privacy; RECOGNISING that, in 2008, Australia and the EU signed 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 which is applied provisionally from the time of signature but has not entered into force; NOTING that the European Parliament decided on 5 May 2010 to postpone the vote on the request for consent to that Agreement and by its Resolution of 11 November 2010 welcomed the recommendation from the European Commission to the Council of the European Union to negotiate a new agreement; RECOGNISING the relevant provisions of the Australian Customs Act 1901 (Cth) (Canadian Charter of Rights and Freedoms and Canadian privacy legislation; HAVING REGARD to Opinion 1/15 of the Customs Act), Court of Justice of the European Union of 26 July 2017 on the Agreement between Canada and in particular section 64AF thereof whereby, if requested, all international passenger air service operators, flying to, from or through Australia, are required to provide the Australian Customs European Union on the transfer and Border Protection Service with PNR processing of Passenger Name Record data, done at Brussels on 25 June 2014; NOTING the European Union's commitment to ensuring that air carriers are not prevented from complying with Canadian law regarding the extent that they are collected and contained in transfer of PNR data from the air carrier's reservations and departure control systems, in a particular manner and formEuropean Union to Canada pursuant to this Agreement; RECOGNISING that this Agreement is not intended to apply to advance passenger information that is collected and transmitted by air carriers to Canada for the Australian Customs Administration Act 1985 (Cth)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 in this Agreement; NOTING the interest of the Parties, Migration Act 1958 (Cth)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, Crimes Act 1914 (Cth), Privacy Act 1988 (Cth), Freedom and further noting the European Union's interest in having this addressed in the context of Information Act 1982 (Cth), Auditor-General Act 1997 (Cth), Ombudsman Act 1976 (Cth) the consultation and Public Service Act 1999 (Cth) provide for data protection, rights of access and redress, rectification and annotation and remedies and sanctions for misuse of personal datareview mechanism set out in this Agreement; NOTING the commitment of Australia Canada that the Australian Customs and Border Protection Service Canadian Competent Authority processes PNR data strictly for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime in strict compliance with safeguards on privacy and the protection of personal data, as set out in this Agreement; STRESSING the importance of sharing of PNR data and relevant and appropriate analytical information containing PNR data obtained from PNR under this Agreement by Australia Canada with competent police and judicial authorities of Member States of the European Union, Europol and Europol or Eurojust, Eurojust as a means to xxxxxx international police and judicial cooperation; AFFIRMING that this Agreement reflects specific features of the legal and institutional frameworks of the Parties, as well as of their operational cooperation regarding PNR data, and does not constitute a precedent for any future arrangements between Australia other arrangements; HAVING REGARD to the United Nations Security Council Resolutions 2396 (2017) and 2482 (2019) and to the European UnionInternational Civil Aviation Organization Standards and Recommended Practices for the collection, or between either of the Parties and any Stateuse, regarding the processing and transfer protection of PNR data or any other form of data and noting that ("the necessity and feasibility of similar arrangements for sea passengers may be examined; ICAO SARPs") adopted as Amendment 28 to Annex 9 to the Convention on International Civil Aviation (the Chicago Convention), HAVE AGREED AS FOLLOWS: CHAPTER I 1 GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian 10093/11 DG H 2B CG/ks AGREEMENT BETWEEN THE EUROPEAN UNION THE EUROPEAN UNION, hereafter also referred to as the EU, of the one part, and AUSTRALIA, of the other part, Together hereinafter referred to as 'the Parties', DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their respective democratic societies and common values; SEEKING to enhance and encourage cooperation between the Parties in the spirit spir it of the EU-Australian partnership; RECOGNISING that information sharing is a fundamental component of the fight against terrorism and serious transnational crime, and that in this context the use of Passenger Name Record (PNR) data is an essential tool; RECOGNISING the importance of preventing and combating terrorism and serious transnational crime, while respecting fundamental rights and freedoms, in particular, privacy and the protection of personal data; MINDFUL of Article 6 of the Treaty on European Union on respect for fundamental rights, the right to privacy with regard to the processing of 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, the respect for privacy, and the protection of personal data under Article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection Protectio n of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 17 of the International Covenant on Civil and Political Rights on the right to privacy; RECOGNISING that, in 2008, Australia and the EU signed 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 which is applied provisionally from the time of signature but has not entered into force; NOTING that the European Parliament decided on 5 May 2010 to postpone the vote on the request for consent to that Agreement and by its Resolution of 11 November 2010 welcomed the recommendation from the European Commission to the Council of the European Union to negotiate a new agreement; RECOGNISING the relevant provisions of the Australian Customs Act 1901 (Cth) (the Customs Act), and in particular section 64AF thereof whereby, if requested, all international passenger air service operators, flying to, from or through Australia, are required to provide the Australian Customs and Border Protection Service with PNR data, to the extent that they are collected and contained in the air carrier's reservations and departure control systems, in a particular manner and form; RECOGNISING that the Australian Customs Administration Act 1985 (Cth), Migration Act 1958 (Cth), Crimes Act 1914 (Cth), Privacy Act 1988 (Cth), Freedom of Information Act 1982 (Cth), Auditor-General Act 1997 (Cth), Ombudsman Act 1976 (Cth) and Public Service Act 1999 (Cth) provide for data protection, rights of access and redress, rectification and annotation and remedies and sanctions for misuse of personal data; NOTING the commitment of Australia that the Australian Customs and Border Protection Service processes PNR data strictly for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime in strict compliance with safeguards on privacy and the protection of personal data, as set out in this Agreement; STRESSING the importance of sharing of analytical data obtained from PNR by Australia with police and judicial authorities of Member States of the European Union, and Europol or Eurojust, as a means to xxxxxx international police and judicial cooperation; AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between Australia and the European Union, or between either of the Parties and any State, regarding the processing and transfer of PNR data or any other form of data and noting that the necessity and feasibility of similar arrangements for sea passengers may be examined; HAVE AGREED AS FOLLOWS: CHAPTER I GENERAL PROVISIONS