Criminal Misc Issues EU UK Agreement

TITLE XII: OTHER PROVISIONS

Article LAW.OTHER.134: Notifications

1. By the date of entry into force of this Agreement, the Union and the United Kingdom shall make any of the notifications provided for in Article LAW.SURR.82(2) [Political offence exception], Article LAW.SURR.83(2) [Nationality exception], and Article LAW.SURR.91(4) [Consent to surrender] and shall, to the extent it is possible to do so, indicate whether no such notification is to be made.

To the extent that such a notification or indication has not been made in relation to a State, at the point in time referred to in the first subparagraph, notifications may be made in relation to that State as soon as possible and at the latest two months after the entry into force of this Agreement.

During that interim period, any State in relation to which no notification provided for in Article LAW.SURR.82(2) [Political offence exception], Article LAW.SURR.83(2) [Nationality exception], or

Article LAW.SURR.91(4) [Consent to surrender] has been made, and which has not been the subject of an indication that no such notification is to be made, may avail itself of the possibilities provided for in that Article as if such a notification had been made in respect of that State. In the case of Article LAW.SURR.83(2) [Nationality exception], a State may only avail itself of the possibilities provided for in that Article to the extent that to do so is compatible with the criteria for making a notification.

2. The notifications referred to in Article LAW.SURR.79(4) [Scope], Article LAW.SURR.85(1) [Recourse to the central authority], Article LAW.SURR.86(2) [Content and form of the arrest warrant], Article LAW.SURR.105(1) [Possible prosecution for other offences], Article LAW.SURR.106(1) [Surrender or subsequent extradition], Article LAW.CONFISC.4(4) [Requests for information on bank accounts and safe deposit boxes], Article LAW.CONFISC.5(5) [Requests for information on banking transactions], Article LAW.CONFISC.6(5) [Requests for the monitoring of banking transactions], Article LAW.CONFISC.15(2) [Grounds for refusal], and Article LAW.CONFISC.23(3) and (7) [Form of request and languages] may be made at any time.

3. The notifications referred to in Article LAW.SURR.85(1) [Recourse to the central authority], Article LAW.SURR.86(2) [Content and form of the arrest warrant] and Article LAW.CONFISC.23(3) and
(7) [Form of request and languages] may be modified at any time.

4. The notifications referred to in Article LAW.SURR.82(2) [Political offence exception], Article LAW.SURR.83(2) [Nationality exception], Article LAW.SURR.85(1) [Recourse to the central authority ], Article LAW.SURR.91(4) [Consent to surrender], Article LAW.CONFISC.4(4) [Requests for information on bank accounts and safe deposit boxes], Article LAW.CONFISC.5(5) [Requests for information on banking transactions], and Article LAW.CONFISC.6(5) [Requests for the monitoring of banking transactions] may be withdrawn at any time.

5. The Union shall publish information on notifications of the United Kingdom referred to in Article LAW.SURR.85(1) [Recourse to the central authority] in the Official Journal of the European Union.

6. By the date of entry into force of this Agreement, the United Kingdom shall notify the Union of the identity of the following authorities:

(a) the authority responsible for receiving and processing PNR data under Title III [Transfer and processing of passenger name record data (PNR)];

(b) the authority considered as the competent law enforcement authority for the purposes of Title V [Cooperation with Europol] and a short description of its competences;

(d) the authority considered as the competent authority for the purposes of Title VI [Cooperation with Eurojust] and a short description of its competences;

(e) the contact point designated under Article LAW.EUROJUST.65(1) [Contact points to Eurojust];

(f) the United Kingdom Domestic Correspondent for Terrorism Matters designated under Article LAW.EUROJUST.65(2) [Contact points to Eurojust];

(g) the authority competent by virtue of domestic law of the United Kingdom to execute an arrest warrant, as referred to in point (c) of Article LAW.SURR.78 [Definitions], and the authority competent by virtue of the domestic law of the United Kingdom to issue an arrest warrant, as referred to in point (d) of Article LAW.SURR.78 [Definitions];

(h) the authority designated by the United Kingdom under Article LAW.SURR.103(3) [Transit];

(i) the central authority designated by the United Kingdom under Article LAW.EXINF.122 [Central authorities];

(j) the central authority designated by the United Kingdom under Article LAW.CONFISC.21(1) [Authorities].

The Union shall publish information about the authorities referred to in the first subparagraph in the Official Journal of the European Union.

7. By the date of entry into force of this Agreement, the Union shall, on its behalf or on behalf of its Member States as the case may be, notify the United Kingdom, of the identity of the following authorities:

(a) the Passenger Information Units established or designated by each Member State for the purposes of receiving and processing PNR data under Title III [Transfer and processing of passenger name record data (PNR)];

(b) the authority competent by virtue of the domestic law of each Member State to execute an arrest warrant, as referred to in point (c) of Article LAW.SURR.78 [Definitions], and the authority competent by virtue of the domestic law of each Member State to issue an arrest warrant, as referred to in point (d) of Article LAW.SURR.78 [Definitions];

(d) the Union body referred to in Article LAW.MUTAS.114 [Definition of competent authority];

(e) the central authority designated by each Member State under Article LAW.EXINF.122 [Central authorities];

(f) the central authority designated by each Member State under Article LAW.CONFISC.21(1) [Authorities];

(g) any Union body designated under the first sentence of Article LAW.CONFISC.21(2) [Authorities] and whether it is also designated as a central authority under the last sentence of that paragraph.

8. The notifications made under paragraph 6 or 7 may be modified at any time. Such modifications shall be notified to the Specialised Committee on Law Enforcement and Judicial Cooperation.

9. The United Kingdom and the Union may notify more than one authority with respect to points (a), (b), (d), (e), (g), (h), (i) and (j) of paragraph 6 and with respect to paragraph 7 respectively and may limit such notifications for particular purposes only.

10. Where the Union makes the notifications referred to in this Article, it shall indicate to which of its Member States the notification applies or whether it is making the notification on its own behalf.

Article LAW.OTHER.135: Review and evaluation

1. This Part shall be jointly reviewed in accordance with Article FINPROV.3 [Review] or at the request of either Party where jointly agreed.

2. The Parties shall decide in advance on how the review is to be conducted and shall communicate to each other the composition of their respective review teams. The review teams shall include persons with appropriate expertise with respect to the issues under review. Subject to applicable laws, all participants in a review shall be required to respect the confidentiality of the discussions and to have appropriate security clearances. For the purposes of such reviews, the United Kingdom and the Union shall make arrangements for appropriate access to relevant documentation, systems and personnel.

3. Without prejudice to paragraph 2, the review shall in particular address the practical implementation, interpretation and development of this Part.

Article LAW.OTHER.136: Termination

1. Without prejudice to Article FINPROV.8 [Termination], each Party may at any moment terminate this Part by written notification through diplomatic channels. In that event, this Part shall cease to be in force on the first day of the ninth month following the date of notification.

2. However, if this Part is terminated on account of the United Kingdom or a Member State having denounced the European Convention on Human Rights or Protocols 1, 6 or 13 thereto, this Part shall cease to be in force as of the date that such denunciation becomes effective or, if the notification of its termination is made after that date, on the fifteenth day following such notification.

3. If either Party gives notice of termination under this Article, the Specialised Committee on Law Enforcement and Judicial Cooperation shall meet to decide what measures are needed to ensure that any cooperation initiated under this Part is concluded in an appropriate manner. In any event, with regard to all personal data obtained through cooperation under this Part before it ceases to be in force, the Parties shall ensure that the level of protection under which the personal data were transferred is maintained after the termination takes effect.

Article LAW.OTHER.137: Suspension

1. In the event of serious and systemic deficiencies within one Party as regards the protection of fundamental rights or the principle of the rule of law, the other Party may suspend this Part or Titles thereof, by written notification through diplomatic channels. Such notification shall specify the serious and systemic deficiencies on which the suspension is based.

2. In the event of serious and systemic deficiencies within one Party as regards the protection of personal data, including where those deficiencies have led to a relevant adequacy decision ceasing to apply, the other Party may suspend this Part or Titles thereof, by written notification through diplomatic channels. Such notification shall specify the serious and systemic deficiencies on which the suspension is based.

3. For the purposes of paragraph 2, “relevant adequacy decision” means:

(a) in relation to the United Kingdom, a decision adopted by the European Commission, in accordance with Article 36 of Directive (EU) 2016/68082 or analogous successor legislation, attesting to the adequate level of protection;

(b) in relation to the Union, a decision adopted by the United Kingdom attesting to the adequate level of protection for the purposes of transfers falling within the scope of Part 3 of the Data Protection Act 201883 or analogous successor legislation.

4. In relation to the suspension of Title III [Transfer and processing of passenger name record data (PNR)] or Title X [Anti-money laundering and counter terrorist financing], references to a “relevant adequacy decision” also include:

(a) in relation to the United Kingdom, a decision adopted by the European Commission, in accordance with Article 45 of the General Data Protection Regulation (EU) 2016/67984 or analogous successor legislation attesting to the adequate level of protection;

(b) in relation to the Union, a decision adopted by the United Kingdom attesting to the adequate level of protection for the purposes of transfers falling within the scope of Part 2 of the Data Protection Act 2018 or analogous successor legislation.

5. The Titles concerned by the suspension shall provisionally cease to apply on the first day of the third month following the date of the notification referred to in paragraph 1 or 2, unless, no later than two weeks before the expiry of that period, as extended, as the case may be, in accordance with point (d) of paragraph 7, the Party which notified the suspension gives written notification to the other Party, through diplomatic channels, of its withdrawal of the first notification or of a reduction in scope of the suspension. In the latter case, only the Titles referred to in the second notification shall provisionally cease to apply.

6. If one Party notifies the suspension of one or several Titles of this Part pursuant to paragraph 1 or 2, the other Party may suspend all of the remaining Titles, by written notification through diplomatic channels, with three months’ notice.

7. Upon the notification of a suspension pursuant to paragraph 1 or 2, the Partnership Council shall immediately be seized of the matter. The Partnership Council shall explore possible ways of allowing the Party that notified the suspension to postpone its entry into effect, to reduce its scope or to withdraw it. To that end, upon a recommendation of the Specialised Committee on Law Enforcement and Judicial Cooperation, the Partnership Council may:

82 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 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/JHA (OJ EU L 119, 4.5.2016, p. 89).

83 2018 chapter 12.

84 Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) (OJ EU L 119, 4.5.2016, p. 1).

(a) agree on joint interpretations of provisions of this Part;

(b) recommend any appropriate action to the Parties;

(c) adopt appropriate adaptations to this Part which are necessary to address the reasons underlying the suspension, with a maximum validity of 12 months; and

(d) extend the period referred to in paragraph 5 by up to three months.

8. If either Party gives notification of suspension under this Article, the Specialised Committee on Law Enforcement and Judicial Cooperation shall meet to decide what measures are needed to ensure that any cooperation initiated under this Part and affected by the notification is concluded in an appropriate manner. In any event, with regard to all personal data obtained through cooperation under this Part before the Titles concerned by the suspension provisionally cease to apply, the Parties shall ensure that the level of protection under which the personal data were transferred is maintained after the suspension takes effect.

9. The suspended Titles shall be reinstated on the first day of the month following the day on which the Party having notified the suspension pursuant to paragraph 1 or 2 has given written notification to the other Party, through diplomatic channels, of its intention to reinstate the suspended Titles. The Party having notified the suspension pursuant to paragraph 1 or 2 shall do so immediately after the serious and systemic deficiencies on the part of the other Party on which the suspension was based have ceased to exist.

10. Upon the notification of the intention to reinstate the suspended Titles in accordance with paragraph 9, the remaining Titles suspended pursuant to paragraph 6 shall be reinstated at the same time as the Titles suspended pursuant to paragraph 1 or 2.

Article LAW.OTHER.138: Expenses

The Parties and the Member States, including institutions, bodies, offices and agencies of the Parties or the Member States, shall bear their own expenses which arise in the course of implementation of this Part, unless otherwise provided for in this Agreement.