Council Decision (EU) 2025/851 of 14 April 2025 on the conclusion, on behalf of the Union, of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data

What it is

to conclude, on behalf of the European Union, an agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: Canadian legislation requires air carriers operating passenger flights to Canada to provide the Canada Border Services Agency (CBSA) with PNR data, prior to the passenger arrival to Canada to the extent such data is collected and contained in the air carriers' automated reservation and departure control systems in the normal course of their business. This legislation aims to significantly enhance CBSA's ability to conduct efficient and effective advance travel risk assessment of passengers and to facilitate bona fide travel, thereby enhancing the security of Canada in the fight against terrorism and other serious transnational crime. The EU cooperates with Canada in the fight against terrorism and other serious transnational crime and considers the transfer of PNR data to Canada as a means to foster international law enforcement cooperation. BACKGROUND: the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data signed, subject to its conclusion at a later date, must now be approved. CONTENT: the draft Council Decision concerns the approval, on behalf of the Union, of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data. The Agreement provides for the transfer of passenger name record data to Canada for the purposes of preventing, detecting, investigating and prosecuting serious crime and terrorism. The Agreement ensures full respect for the Charter of Fundamental Rights of the European Union, as interpreted by the Court of Justice of the European Union, in particular the right to respect for private and family life , the right to the protection of personal data and the right to an effective remedy and to a fair trial as recognised in Articles 7, 8 and 47, respectively, thereof. In particular, the Agreement includes adequate safeguards for the Ireland expressed its wish to take part in the adoption and application of this Decision. Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. The European Parliament adopted by 521 votes to 90, with 45 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (PNR data). Parliament gave its consent to the conclusion of the Agreement. Onward transfers of PNR data to other government authorities will be subject to appropriate safeguards and, in case of disclosure outside Canada, limited to countries which have concluded a comparable Agreement with the EU or are subject to an adequacy decision of the Commission.

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