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 Customs and Border Protection Service 10093/11 DG H 2B CG/ks EN AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA ON THE PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE 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 the European Union and Australia the Republic of Seychelles on the processing and transfer of Passenger Name Record (PNR) data by air carriers access for Seychelles fishing vessels to the Australian Customs and Border Protection Service 10093/11 DG H 2B CGwaters of Mayotte 15088/22 LIFE.2 MB/ks MCF/NT/cl,cc EN AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA THE REPUBLIC OF SEYCHELLES ON THE PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS ACCESS FOR SEYCHELLES FISHING VESSELS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE WATERS OF MAYOTTE THE EUROPEAN UNION, hereafter also hereinafter referred to as the EU, of the one part"Union", and AUSTRALIATHE REPUBLIC OF SEYCHELLES, of the other part, Together hereinafter referred to as '"Seychelles", Hereinafter referred to as "the Parties'", DESIRING CONSIDERING the close cooperation between the Union and Seychelles, particularly in the context of the regional cooperation within the South-West Indian Ocean and their mutual desire to prevent intensify that relationship, NOTING that the Union and combat terrorism Seychelles have enjoyed a strong relationship in fisheries following the Agreement between the European Economic Community and serious transnational crime effectively as the Republic of Seychelles on fishing off Seychelles adopted in 1987. That Agreement was reinforced through the conclusion of a means of protecting their respective democratic societies and common values; SEEKING to enhance and encourage cooperation Fisheries Partnership Agreement between the Parties in 2006, and later in 2020 by a new Sustainable Fisheries Partnership Agreement and new Implementing Protocol, HAVING REGARD to the spirit United Nations Convention on the Law of the EU-Australian partnership; RECOGNISING that information sharing is a fundamental component Sea of 10 December 1982 (UNCLOS) and the Agreement for the Implementation of the fight against terrorism Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and serious transnational crimeManagement of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995, and that in this context the use AWARE of Passenger Name Record (PNR) data is an essential tool; RECOGNISING the importance of preventing the principles established by the Code of Conduct for Responsible Fisheries adopted at the Food and combating terrorism Agriculture Organisation (FAO) Conference in 1995 and serious transnational crimeof the FAO Port State Measures Agreement to Prevent, while respecting fundamental rights Deter and freedomsEliminate Illegal, Unreported and Unregulated (IUU) Fishing, and DETERMINED to take the necessary measures to implement them, DETERMINED to apply the resolutions taken by the Indian Ocean Tuna Commission (IOTC) and other relevant regional organisations, DETERMINED to co-operate, in particulartheir mutual interest, privacy in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources, CONVINCED that such co-operation must take the form of initiatives and measures which, whether taken jointly or individually, are complementary, and ensure consistent policies and synergy of efforts, DESIROUS of establishing terms and conditions governing the fishing activities of Seychelles vessels in the waters of the Union and the protection Seychelles support for developing sustainable, responsible fishing in those waters, DESIROUS of personal data; MINDFUL of Article 6 supporting fisheries management in Mayotte and the sustainable development of the Treaty on European Union on respect for fundamental rightslocal fisheries sector, 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 XXXXXX AGREE AS FOLLOWS: CHAPTER I GENERAL PROVISIONS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Anti-Counterfeiting Trade Agreement between the European Union and Australia on its Member States, Australia, Canada, Japan, the processing Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and transfer the United States of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service 10093/11 America 12196/11 DG H 2B CGK JA/ks EN ANTI-COUNTERFEITING TRADE AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA ON ITS MEMBER STATES, AUSTRALIA, CANADA, JAPAN, THE PROCESSING REPUBLIC OF KOREA, THE UNITED MEXICAN STATES, THE KINGDOM OF MOROCCO, NEW ZEALAND, THE REPUBLIC OF SINGAPORE, THE SWISS CONFEDERATION AND TRANSFER THE UNITED STATES OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS AMERICA THE PARTIES TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE THE EUROPEAN UNIONTHIS AGREEMENT, hereafter also referred NOTING that effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally; NOTING further that the proliferation of counterfeit and pirated goods, as the EUwell as of services that distribute infringing material, undermines legitimate trade and sustainable development of the one partworld economy, causes significant financial losses for right holders and AUSTRALIAfor legitimate businesses, and, in some cases, provides a source of revenue for organized crime and otherwise poses risks to the other partpublic; DESIRING TO combat such proliferation through enhanced international cooperation and more effective international enforcement; INTENDING TO provide effective and appropriate means, Together hereinafter referred to as 'complementing the Parties'TRIPS Agreement, DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means for the enforcement of protecting intellectual property rights, taking into account differences in their respective democratic societies legal systems and common valuespractices; SEEKING DESIRING TO ensure that measures and procedures to enhance and encourage cooperation between enforce intellectual property rights do not themselves become barriers to legitimate trade; DESIRING TO address the Parties problem of infringement of intellectual property rights, including infringement taking place 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 freedomsdigital environment, in particular, privacy and the protection of personal data; MINDFUL of Article 6 of the Treaty on European Union on particular with respect for fundamental to copyright or related 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 that balances the rights 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 interests of the European Unionrelevant right holders, service providers, and Europol or Eurojust, as a means users; DESIRING TO promote cooperation between service providers and right holders to xxxxxx international police and judicial cooperationaddress relevant infringements in the digital environment; AFFIRMING DESIRING that this Agreement does not constitute operates in a precedent for any future arrangements between Australia manner mutually supportive of international enforcement work and cooperation conducted within relevant international organizations; RECOGNIZING the European Unionprinciples set forth in the Doha Declaration on the TRIPS Agreement and Public Health, or between either of adopted on 14 November 2001, at 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 examinedFourth WTO Ministerial Conference; HAVE AGREED XXXXXX AGREE AS FOLLOWS: CHAPTER I INITIAL PROVISIONS AND GENERAL DEFINITIONS SECTION 1 INITIAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and Australia the Republic of Cape Verde on facilitating the processing issue of short-stay visas to citizens of the Republic of Cape Verde and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service 10093/11 European Union COMMON GUIDELINES Consultation deadline for Croatia: 10.10.2012 14203/12 DG H 2B CGD1 FC/ks kp EN AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA THE REPUBLIC OF CAPE VERDE ON FACILITATING THE PROCESSING ISSUE OF SHORT-STAY VISAS TO CITIZENS OF THE REPUBLIC OF CAPE VERDE AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE EUROPEAN UNION THE EUROPEAN UNION, hereafter also hereinafter referred to as 'the EU, of the one partUnion', and AUSTRALIATHE REPUBLIC OF CAPE VERDE, of the other parthereinafter referred to as 'Cape Verde', Together hereinafter Hereinafter referred to as 'the Parties', DESIRING WISHING to prevent promote contacts between their peoples as an important factor in ensuring the constant development of economic, humanitarian, cultural, scientific and combat terrorism and serious transnational crime effectively as other ties by facilitating the issue of visas to their citizens on the basis of reciprocity, HAVING REGARD to the Joint Declaration of 5 June 2008 on a means of protecting their respective democratic societies and common values; SEEKING to enhance and encourage cooperation Mobility Partnership between the European Union and Cape Verde, in accordance with which the Parties in are to take steps to develop a dialogue on matters relating to short-stay visas, with a view to facilitating the spirit mobility of certain categories of people, RECALLING the Cotonou Partnership Agreement and the Special Partnership between the European Union and Cape Verde, approved by the Council of the EU-Australian partnership; European Union on 19 November 2007, RECOGNISING that information sharing is a fundamental component this should not encourage illegal immigration and paying special attention to security and readmission, TAKING INTO ACCOUNT the Protocol on the position of the fight against terrorism United Kingdom and serious transnational crimeIreland in respect of the area of freedom, security 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 crimejustice, while respecting fundamental rights and freedoms, in particular, privacy and the protection of personal data; MINDFUL of Article 6 of annexed to the Treaty on European Union on respect for fundamental rights, the right and 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, and confirming that the principles provisions of proportionality this Agreement do not apply to the United Kingdom of Great Britain and necessity concerning Northern Ireland or to Ireland, TAKING INTO ACCOUNT the right to private and family life, the respect for privacy, and the protection of personal data under Article 8 of the European Convention Protocol on the Protection position of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for Denmark annexed to 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 Treaty on European Union and Article 17 of to the International Covenant on Civil and Political Rights Treaty 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 Functioning of the European Union, and Europol or Eurojust, as a means to xxxxxx international police and judicial cooperation; AFFIRMING confirming that the provisions of this Agreement does do not constitute a precedent for any future arrangements between Australia and apply to the European UnionKingdom of Denmark, 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 the United States of America and the European Union and Australia on the processing use and transfer of Passenger Name Record (PNR) data by air carriers Records to the Australian Customs and Border Protection Service 10093/11 United States Department of Homeland Security 17434/11 DG H 2B CGHKE/ks EN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION AND AUSTRALIA ON THE PROCESSING USE AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS RECORDS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE UNITED STATES DEPARTMENT OF HOMELAND SECURITY THE UNITED STATES OF AMERICA, hereinafter referred to also as "the United States", and THE EUROPEAN UNION, hereafter also hereinafter referred to also as "the EU", of the one part, and AUSTRALIA, of the other part, Together 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 transatlantic partnership; RECOGNISING RECOGNIZING the right and responsibility of states to ensure the security of their citizens and protect their borders and mindful of the responsibility of all nations to protect the life and safety of the public including those using international transportation systems; CONVINCED that information sharing is a fundamental an essential component of in the fight against terrorism and serious transnational crime, crime and that in this context context, the processing and use of Passenger Name Record Records (PNR) data is an essential toola necessary tool that gives information that cannot be obtained by other means; RECOGNISING the importance of preventing DETERMINED to prevent and combating terrorism combat terrorist offenses and serious transnational crime, while respecting fundamental rights and freedoms, in particular, freedoms and recognizing the importance of privacy and the protection of personal datadata and information; HAVING REGARD for international instruments, U.S. statutes and regulations requiring each air carrier operating passenger flights in foreign air transportation to or from the United States to make PNR available to the Department of Homeland Security (DHS) to the extent they are collected and contained in the air carrier's automated reservation/departure control systems, and comparable requirements that are or may be implemented in the EU; NOTING that DHS processes and uses PNR for the purpose of preventing, detecting, investigating and prosecuting terrorist offenses and transnational crime in compliance with safeguards on privacy and the protection of personal data and information, as set out in this Agreement; STRESSING the importance of sharing PNR and relevant and appropriate analytical information obtained from PNR by the United States with competent police and judicial authorities of Member States of the European Union, hereinafter "EU Member States", and Europol or Eurojust as a means to xxxxxx international police and judicial cooperation; ACKNOWLEDGING both Parties' longstanding traditions of respect for individual privacy, as reflected in their laws and founding documents; MINDFUL of the EU'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 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 No. 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union Union; MINDFUL that DHS currently employs robust processes to protect personal privacy and Article 17 ensure data integrity, including physical security, access controls, data separation and encryption, audit capabilities and effective accountability measures; RECOGNIZING the importance of ensuring data quality, accuracy, integrity, and security, and instituting appropriate accountability to ensure these principles are observed; NOTING in particular the principle of transparency and the various means by which the United States ensures that passengers whose PNR is collected by DHS are made aware of the International Covenant on Civil need for and Political Rights on use of their PNR; FURTHER RECOGNIZING that the right collection and analysis of PNR is necessary for DHS to privacycarry out its border security mission, while ensuring that collection and use of PNR remains relevant and necessary for the purposes for which it is collected; RECOGNISING RECOGNIZING that, in 2008consideration of this Agreement and its implementation, Australia DHS shall be deemed to ensure an adequate level of data protection for the processing and use of PNR transferred to DHS; MINDFUL that the EU signed the Agreement Between United States and the European Union are committed to ensuring a high level of protection of personal information while fighting crime and Australia terrorism, and are determined to reach, without delay, an agreement to protect personal information exchanged in the context of fighting crime and terrorism in a comprehensive manner that will advance our mutual goals; ACKNOWLEDGING the successful Joint Reviews in 2005 and 2010 of the 2004 and 2007 Agreements between the Parties on the Processing and Transfer 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 interest 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 dataParties, as well as EU Member States, in exchanging information regarding the method of transmission of PNR as well as the onward transfer of PNR as set out forth in the relevant articles of this Agreement, and further noting the EU's interest in having this addressed in the context of the consultation and review mechanism set forth 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 UnionParties, or between either of the Parties and any Stateother party, regarding the processing and processing, use, or transfer of PNR data or any other form of data, or regarding data protection; RECOGNIZING the related principles of proportionality as well as relevance and noting necessity that guide this Agreement and its implementation by the necessity European Union and feasibility the United States; and HAVING REGARD to the possibility of similar arrangements for sea passengers may be examinedthe Parties to further discuss the transfer of PNR data in the maritime mode; HAVE AGREED AS FOLLOWSXXXXXX AGREE: CHAPTER I GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and Australia the Principality of Liechtenstein on the processing application of certain provisions of Council Decision 2008/615/XXX on the stepping up of cross-border cooperation, particularly in combating terrorism and transfer cross-border crime, of Passenger Name Record (PNR) data by air carriers to Council Decision 2008/616/XXX on the Australian Customs implementation of Decision 2008/615/XXX on the stepping up of cross-border cooperation, particularly in combating terrorism and Border Protection Service 10093/11 DG H 2B CGcross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/ks XXX on accreditation of forensic service providers carrying out laboratory activities 8750/19 WST/NT/jk EN AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA THE PRINCIPALITY OF LIECHTENSTEIN ON THE PROCESSING APPLICATION OF CERTAIN PROVISIONS OF COUNCIL DECISION 2008/615/XXX ON THE STEPPING UP OF CROSS-BORDER COOPERATION, PARTICULARLY IN COMBATING TERRORISM AND TRANSFER CROSS-BORDER CRIME, OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO COUNCIL DECISION 2008/616/XXX ON THE AUSTRALIAN CUSTOMS IMPLEMENTATION OF DECISION 2008/615/XXX ON THE STEPPING UP OF CROSS-BORDER COOPERATION, PARTICULARLY IN COMBATING TERRORISM AND CROSS-BORDER PROTECTION CRIME, AND THE ANNEX THERETO, AND OF COUNCIL FRAMEWORK DECISION 2009/905/XXX ON ACCREDITATION OF FORENSIC SERVICE PROVIDERS CARRYING OUT LABORATORY ACTIVITIES EU/FL/en 1 THE EUROPEAN UNION, hereafter also referred to as the EU, of the one part, and AUSTRALIATHE PRINCIPALITY OF LIECHTENSTEIN, of the other part, Together hereinafter jointly referred to as '"the Contracting Parties'", DESIRING WISHING to prevent improve police 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 judicial cooperation between the Parties in the spirit Member States of the EU-Australian partnership; RECOGNISING European Union and the Principality of Liechtenstein, without prejudice to the rules protecting individual freedom, CONSIDERING that information sharing is a fundamental component of current relationships between 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 freedomsContracting Parties, in particular, privacy and particular 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 Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis1, demonstrate close cooperation in the fight against crime, 1 OJ EU L 160, 18.6.2011, p. 3. EU/FL/en 2 POINTING OUT the Contracting Parties' common interest in ensuring that police cooperation between the Member States of the European Union and the Principality of Liechtenstein is carried out in a fast and efficient manner compatible with the basic principles of proportionality and necessity concerning the right to private and family life, the respect for privacytheir national legal systems, and in compliance with the protection of personal data under Article 8 individual rights and principles of the European Convention on for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, RECOGNISING that Council Framework Decision 2006/960/XXX of Europe Convention No 108 for 18 December 2006 on simplifying the Protection exchange of Individuals with regard to Automatic Processing of Personal Data information and its additional Protocol 181, Articles 7 and 8 intelligence between law enforcement authorities of the Charter Member States of Fundamental Rights the European Union1 already lays down rules whereby the law enforcement authorities of the Member States of the European Union and Article 17 the Principality of Liechtenstein may exchange existing information and intelligence expeditiously and effectively for the International Covenant on Civil and Political Rights on the right to privacy; purpose of carrying out criminal investigations or criminal intelligence operations, 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 order 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 stimulate 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 cooperation in the air carrier's reservations area of law enforcement, it is of fundamental importance that precise information can be exchanged swiftly and departure control systemsefficiently, in a particular manner and form; RECOGNISING that the Australian Customs Administration Act 1985 (Cth)aim is to introduce procedures for promoting fast, Migration Act 1958 (Cth)efficient and inexpensive means of data exchange, Crimes Act 1914 (Cth)and that, 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 joint use of preventingdata, detectingthose procedures should be subject to accountability and should incorporate appropriate guarantees as to the accuracy and security of the data during transmission and storage as well as procedures for recording data exchange and restrictions on the use of information exchanged, investigating 1 OJ EU L 386, 29.12.2006, p. 89. EU/FL/en 3 POINTING OUT that this Agreement therefore contains provisions which are based on the main provisions of Council Decision 2008/615/XXX of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and prosecuting terrorist offences cross-border crime1 and serious transnational crime Council Decision 2008/616/XXX of 23 June 2008 on the implementation of Decision 2008/615/XXX on the stepping up of cross-border cooperation, particularly in strict compliance with safeguards on privacy combating terrorism and cross-border crime2, and the protection Annex thereto, and of personal dataCouncil Framework Decision 2009/905/XXX of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities3, as set out in this Agreement; STRESSING and which are designed to improve the importance exchange of sharing of analytical data obtained from PNR by Australia with police and judicial authorities of information whereby Member States of the European UnionUnion and the Principality of Liechtenstein grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data, POINTING OUT that, in the case of data from national DNA analysis files and automated dactyloscopic identification systems, a hit/no hit system should enable the searching State, in a second step, to request specific related personal data from the State administering the file and, where necessary, to request further information through mutual assistance procedures, including those adopted pursuant to Council Framework Decision 2006/960/XXX, CONSIDERING that those provisions would considerably speed up existing procedures enabling Member States of the European Union and the Principality of Liechtenstein to find out whether another State has the information it needs and, if so, which State, 1 OJ EU L 210, 6.8.2008, p. 1. 2 OJ EU L 210, 6.8.2008, p. 12. 3 OJ EU L 322, 9.12.2009, p. 14. EU/FL/en 4 CONSIDERING that cross-border data comparison will open up a new dimension in crime fighting and that the information obtained by comparing data will open up new investigative approaches and thus play a crucial role in assisting States' law enforcement and judicial authorities, CONSIDERING that the rules are based on networking States' national databases, CONSIDERING that subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension, RECOGNISING that, in addition to improving the exchange of information, there is a need to regulate other forms of closer cooperation between police authorities, in particular by means of joint security operations (e.g. joint patrols), CONSIDERING that the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules, and Europol or Eurojustthat this set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State, CONSIDERING that the Principality of Liechtenstein should bear the costs incurred by its own authorities in connection with the application of this Agreement, EU/FL/en 5 RECOGNISING that, as the accreditation of forensic service providers carrying out laboratory activities is an important step towards a means safer and more effective exchange of forensic information, certain provisions of Council Framework Decision 2009/905/XXX should be complied with by the Principality of Liechtenstein, CONSIDERING that the processing of personal data, pursuant to xxxxxx international police this Agreement, by the authorities of the Principality of Liechtenstein for the purposes of the prevention, detection or investigation of terrorism and judicial cooperation; AFFIRMING that this Agreement does not constitute cross-border crime should be subject to a precedent standard of protection of personal data under the national law of the Principality of Liechtenstein which complies with Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for any future arrangements between Australia the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA1, TAKING AS A BASIS the mutual confidence of the Member States of the European Union and the European UnionPrincipality of Liechtenstein in the structure and operation of their legal systems, or 1 OJ EU L 119, 4.5.2016, p. 89. EU/FL/en 6 TAKING INTO ACCOUNT that, pursuant to the Agreement between either the Swiss Confederation and the Principality of Liechtenstein referring to the cooperation in the framework of the Parties and any State, Swiss information systems regarding the processing and transfer of PNR data or any other form of dactyloscopic data and noting DNA profiles1, both countries share the same database and information exchange systems regarding DNA and dactyloscopic data respectively, RECOGNISING that the necessity provisions of bilateral and feasibility of similar arrangements multilateral agreements remain applicable for sea passengers may be examinedall matters not covered by this Agreement, HAVE DECIDED TO CONCLUDE THIS AGREEMENT: 1 Liechtenstein official compilation LGBl. 2006 Nr. 75; HAVE AGREED AS FOLLOWS: CHAPTER I GENERAL PROVISIONSLiechtenstein classified compilation LR 0.369.101.2. EU/FL/en 7

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. SubjectSubject : Agreement between the International Criminal Court and the European Union on cooperation and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service 10093/11 assistance 14298/05 DG H 2B CGE IV GA/ks cb EN AGREEMENT BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE EUROPEAN UNION ON COOPERATION AND AUSTRALIA ON ASSISTANCE THE PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE THE EUROPEAN UNIONINTERNATIONAL CRIMINAL COURT, hereafter also referred to as Hereinafter "the EUCourt", of the one part, and AUSTRALIATHE EUROPEAN UNION, hereinafter "the EU", represented by the Presidency of the Council of the European Union, of the other part, Together hereinafter referred to as 'the Parties', DESIRING CONSIDERING the fundamental importance and the priority that must be given 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 consolidation of the EU-Australian partnership; RECOGNISING that information sharing is a fundamental component rule of the fight against terrorism law 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 Customs and Border Protection Service 10093/11 DG H 2B CG/ks EN AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA ON THE PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE 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

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and Australia the Principality of Liechtenstein on the processing application of certain provisions of Council Decision 2008/615/XXX on the stepping up of cross-border cooperation, particularly in combating terrorism and transfer cross-border crime, of Passenger Name Record (PNR) data by air carriers to Council Decision 2008/616/XXX on the Australian Customs implementation of Decision 2008/615/XXX on the stepping up of cross-border cooperation, particularly in combating terrorism and Border Protection Service 10093/11 DG H 2B CGcross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/ks XXX on accreditation of forensic service providers carrying out laboratory activities 8750/19 JAI.1 WST/NT/jk EN AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA THE PRINCIPALITY OF LIECHTENSTEIN ON THE PROCESSING APPLICATION OF CERTAIN PROVISIONS OF COUNCIL DECISION 2008/615/XXX ON THE STEPPING UP OF CROSS-BORDER COOPERATION, PARTICULARLY IN COMBATING TERRORISM AND TRANSFER CROSS-BORDER CRIME, OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO COUNCIL DECISION 2008/616/XXX ON THE AUSTRALIAN CUSTOMS IMPLEMENTATION OF DECISION 2008/615/XXX ON THE STEPPING UP OF CROSS-BORDER COOPERATION, PARTICULARLY IN COMBATING TERRORISM AND CROSS-BORDER PROTECTION CRIME, AND THE ANNEX THERETO, AND OF COUNCIL FRAMEWORK DECISION 2009/905/XXX ON ACCREDITATION OF FORENSIC SERVICE PROVIDERS CARRYING OUT LABORATORY ACTIVITIES THE EUROPEAN UNION, hereafter also referred to as the EU, of the one part, and AUSTRALIATHE PRINCIPALITY OF LIECHTENSTEIN, of the other part, Together hereinafter jointly referred to as '"the Contracting Parties'", DESIRING WISHING to prevent improve police 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 judicial cooperation between the Parties in the spirit Member States of the EU-Australian partnership; RECOGNISING European Union and the Principality of Liechtenstein, without prejudice to the rules protecting individual freedom, CONSIDERING that information sharing is a fundamental component of current relationships between 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 freedomsContracting Parties, in particular, privacy and particular 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 Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis1, demonstrate close cooperation in the fight against crime, 1 OJ EU L 160, 18.6.2011, p. 3. POINTING OUT the Contracting Parties' common interest in ensuring that police cooperation between the Member States of the European Union and the Principality of Liechtenstein is carried out in a fast and efficient manner compatible with the basic principles of proportionality and necessity concerning the right to private and family life, the respect for privacytheir national legal systems, and in compliance with the protection of personal data under Article 8 individual rights and principles of the European Convention on for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, RECOGNISING that Council Framework Decision 2006/960/XXX of Europe Convention No 108 for 18 December 2006 on simplifying the Protection exchange of Individuals with regard to Automatic Processing of Personal Data information and its additional Protocol 181, Articles 7 and 8 intelligence between law enforcement authorities of the Charter Member States of Fundamental Rights the European Union1 already lays down rules whereby the law enforcement authorities of the Member States of the European Union and Article 17 the Principality of Liechtenstein may exchange existing information and intelligence expeditiously and effectively for the International Covenant on Civil and Political Rights on the right to privacy; purpose of carrying out criminal investigations or criminal intelligence operations, 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 order 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 stimulate 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 cooperation in the air carrier's reservations area of law enforcement, it is of fundamental importance that precise information can be exchanged swiftly and departure control systemsefficiently, in a particular manner and form; RECOGNISING that the Australian Customs Administration Act 1985 (Cth)aim is to introduce procedures for promoting fast, Migration Act 1958 (Cth)efficient and inexpensive means of data exchange, Crimes Act 1914 (Cth)and that, 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 joint use of preventingdata, detectingthose procedures should be subject to accountability and should incorporate appropriate guarantees as to the accuracy and security of the data during transmission and storage as well as procedures for recording data exchange and restrictions on the use of information exchanged, investigating POINTING OUT that this Agreement therefore contains provisions which are based on the main provisions of Council Decision 2008/615/XXX of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and prosecuting terrorist offences cross-border crime1 and serious transnational crime Council Decision 2008/616/XXX of 23 June 2008 on the implementation of Decision 2008/615/XXX on the stepping up of cross-border cooperation, particularly in strict compliance with safeguards on privacy combating terrorism and cross-border crime2, and the protection Annex thereto, and of personal dataCouncil Framework Decision 2009/905/XXX of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities3, as set out in this Agreement; STRESSING and which are designed to improve the importance exchange of sharing of analytical data obtained from PNR by Australia with police and judicial authorities of information whereby Member States of the European UnionUnion and the Principality of Liechtenstein grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data, POINTING OUT that, in the case of data from national DNA analysis files and automated dactyloscopic identification systems, a hit/no hit system should enable the searching State, in a second step, to request specific related personal data from the State administering the file and, where necessary, to request further information through mutual assistance procedures, including those adopted pursuant to Council Framework Decision 2006/960/XXX, CONSIDERING that those provisions would considerably speed up existing procedures enabling Member States of the European Union and the Principality of Liechtenstein to find out whether another State has the information it needs and, if so, which State, 1 OJ EU L 210, 6.8.2008, p. 1. 2 OJ EU L 210, 6.8.2008, p. 12. CONSIDERING that cross-border data comparison will open up a new dimension in crime fighting and that the information obtained by comparing data will open up new investigative approaches and thus play a crucial role in assisting States' law enforcement and judicial authorities, CONSIDERING that the rules are based on networking States' national databases, CONSIDERING that subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension, RECOGNISING that, in addition to improving the exchange of information, there is a need to regulate other forms of closer cooperation between police authorities, in particular by means of joint security operations (e.g. joint patrols), CONSIDERING that the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules, and Europol or Eurojustthat this set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State, CONSIDERING that the Principality of Liechtenstein should bear the costs incurred by its own authorities in connection with the application of this Agreement, RECOGNISING that, as the accreditation of forensic service providers carrying out laboratory activities is an important step towards a means safer and more effective exchange of forensic information, certain provisions of Council Framework Decision 2009/905/XXX should be complied with by the Principality of Liechtenstein, CONSIDERING that the processing of personal data, pursuant to xxxxxx international police this Agreement, by the authorities of the Principality of Liechtenstein for the purposes of the prevention, detection or investigation of terrorism and judicial cooperation; AFFIRMING that this Agreement does not constitute cross-border crime should be subject to a precedent standard of protection of personal data under the national law of the Principality of Liechtenstein which complies with Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for any future arrangements between Australia the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA1, TAKING AS A BASIS the mutual confidence of the Member States of the European Union and the European UnionPrincipality of Liechtenstein in the structure and operation of their legal systems, or 1 OJ EU L 119, 4.5.2016, p. 89. TAKING INTO ACCOUNT that, pursuant to the Agreement between either the Swiss Confederation and the Principality of Liechtenstein referring to the cooperation in the framework of the Parties and any State, Swiss information systems regarding the processing and transfer of PNR data or any other form of dactyloscopic data and noting DNA profiles1, both countries share the same database and information exchange systems regarding DNA and dactyloscopic data respectively, RECOGNISING that the necessity provisions of bilateral and feasibility of similar arrangements multilateral agreements remain applicable for sea passengers may be examinedall matters not covered by this Agreement, HAVE DECIDED TO CONCLUDE THIS AGREEMENT: 1 Liechtenstein official compilation LGBl. 2006 Nr. 75; HAVE AGREED AS FOLLOWS: CHAPTER I GENERAL PROVISIONSLiechtenstein classified compilation LR 0.369.101.2.

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between Canada and the European Union and Australia on the transfer and processing and transfer of Passenger Name Record (PNR) passenger name record data by air carriers to the Australian Customs and Border Protection Service 10093/11 DG H 2B CG8896/24 JAI.1 IC/ks di,cc EN AGREEMENT BETWEEN CANADA AND THE EUROPEAN UNION AND AUSTRALIA ON THE TRANSFER AND PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE CANADA and 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 Customs and Border Protection Service 10093/11 DG H 2B CG/ks EN AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA ON THE PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE THE EUROPEAN UNION, hereafter also referred to as the EUUnion, of the one part, and AUSTRALIANew Zealand, of the other part, Together 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 JAI.1 VS/IC/jb 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 THE EUROPEAN UNION, hereinafter also referred to as 'the "Union" or "EU", and NEW ZEALAND, hereinafter jointly referred to as "the Contracting Parties'", DESIRING to prevent CONSIDERING that by allowing the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and combat terrorism and serious transnational crime effectively as a means the competent authorities of protecting their respective democratic societies and common values; SEEKING to enhance and encourage New Zealand, this Agreement will create the framework for an enhanced operational cooperation between the Parties Union and New Zealand in the spirit 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 EU-Australian partnership; RECOGNISING that information sharing is a fundamental component of Union allowing for 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 exchange of personal data, 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; MINDFUL the common essence of Article 6 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 Treaty case at hand. Such balancing involves, on European Union on respect for fundamental rightsthe one hand, the right to privacy of individuals together with regard to other human rights and interests and, on the other hand, the countervailing legitimate objectives that may be pursued, such as the purposes of 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 reflected 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: Voluntary Partnership Agreement between the European Union and Australia the Republic of Indonesia on forest law enforcement, governance and trade in timber products into the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service 10093/11 DG H 2B CGEuropean Union 11769/1/13 REV 1 DGB 2 MRS/ks vm EN VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND AUSTRALIA THE REPUBLIC OF INDONESIA ON THE PROCESSING FOREST LAW ENFORCEMENT, GOVERNANCE AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE TRADE IN TIMBER PRODUCTS INTO THE EUROPEAN UNION, hereafter also referred to as the EU, of the one part, and AUSTRALIA, of the other part, Together UNION THE EUROPEAN UNION hereinafter referred to as '"the Union" and THE REPUBLIC OF INDONESIA hereinafter referred to as "Indonesia" hereinafter referred to together as the "Parties'", DESIRING to prevent RECALLING The Framework Agreement on Comprehensive Partnership 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 Cooperation between the Parties Republic of Indonesia and the European Community signed on 9 November 2009 in Jakarta; CONSIDERING the close working relationship between the Union and Indonesia, particularly in the spirit context of the EU-Australian partnership; RECOGNISING that information sharing is a fundamental component 1980 Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand - member countries of the fight against terrorism Association of South-East Asian Nations; RECALLING the commitment made in the Bali Declaration on Forest Law Enforcement and serious transnational Governance (FLEG) of 13 September 2001 by countries from the East Asian and other regions to take immediate action to intensify national efforts and to strengthen bilateral, regional and multilateral collaboration to address violations of forest law and forest crime, in particular illegal logging, associated illegal trade and that in this context the use of Passenger Name Record (PNR) data is an essential tool; RECOGNISING the importance of preventing corruption, 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 their negative effects on the Functioning rule of law; NOTING 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 Communication 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 and the European Parliament on a European Union Action Plan for Forest Law Enforcement, Governance and Trade (FLEGT) as a first step towards tackling the urgent issue of illegal logging and associated trade; REFERRING to the Joint Statement between the Minister of Forestry of the Republic of Indonesia and the European Union Commissioners for Development and for Environment signed on 8 January 2007 in Brussels; HAVING REGARD to negotiate the 1992 Non-Legally Binding Authoritative Statement of Principles for a new agreement; RECOGNISING Global Consensus on the relevant provisions management, conservation and sustainable development of all types of forests, and to the adoption by the United Nations General Assembly of the Australian Customs Act 1901 (Cth) (Non Legally Binding Instrument on all types of forest; AWARE of the Customs Act)importance of principles set out in the 1992 Rio Declaration on Environment and Development in the context of securing sustainable forest management, and in particular section 64AF thereof wherebyof Principle 10 concerning the importance of public awareness and participation in environmental issues and of Principle 22 concerning the vital role of indigenous people and other local communities in environmental management and development; RECOGNISING efforts by the Government of the Republic of Indonesia to promote good forestry governance, if requestedlaw enforcement and the trade in legal timber, all international passenger air service operatorsincluding through the Sistem Verifikasi Legalitas Kayu (SVLK) as the Indonesian Timber Legality Assurance System (TLAS) which is developed through a multi-stakeholder process following the principles of good governance, flying to, from or through Australia, are required to provide the Australian Customs credibility 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 formrepresentativeness; RECOGNISING that the Australian Customs Administration Act 1985 Indonesian TLAS is designed to ensure the legal compliance of all timber products; RECOGNISING that implementation of a FLEGT Voluntary Partnership Agreement will reinforce sustainable forest management and contribute to combating climate change through reduced emissions from deforestation and forest degradation and the role of conservation, sustainable management of forest and enhancement of forest carbon stocks (CthREDD+), Migration Act 1958 ; HAVING REGARD to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cth), Crimes Act 1914 (Cth), Privacy Act 1988 (Cth), Freedom of Information Act 1982 (Cth), Auditor-General Act 1997 (Cth), Ombudsman Act 1976 (CthCITES) and Public Service Act 1999 (Cth) provide in particular the requirement that export permits issued by parties to CITES for data protectionspecimens of species listed in Appendices I, rights II or III be granted only under certain conditions, including that such specimens were not obtained in contravention of access and redress, rectification and annotation and remedies and sanctions the laws of that party 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, fauna and flora; RESOLVED that the Parties shall seek to minimise any adverse impacts on indigenous and local communities and poor people which may arise as set out in a direct consequence of implementing this Agreement; STRESSING CONSIDERING the importance attached by the Parties to development objectives agreed at international level and to the Millennium Development Goals of sharing the United Nations; CONSIDERING the importance attached by the Parties to the principles and rules which govern the multilateral trading systems, in particular the rights and obligations laid down in the General Agreement on Tariffs and Trade (GATT) 1994 and in other multilateral agreements establishing the World Trade Organisation (WTO) and the need to apply them in a transparent and non-discriminatory manner; HAVING REGARD to Council Regulation (EC) No 2173/2005 of analytical data obtained from PNR by Australia with police 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community and judicial authorities of Member States to Regulation (EU) No 995/2010 of the European Union, Parliament 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 Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market; REAFFIRMING the principles of mutual respect, sovereignty, equality and non-discrimination and recognising the benefits to the Parties arising from this Agreement; PURSUANT to the respective laws and any State, regarding regulations of 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 examinedParties; HAVE AGREED XXXXXX AGREE AS FOLLOWS: CHAPTER I GENERAL PROVISIONSFOLLOWS:‌