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EUROPEAN COMMISSION

Brussels, 10.9.2026 COM(2026) 484 final

2026/0279 (NLE)

Proposal for a

COUNCIL DECISION

on the signing and provisional application of a Framework Agreement between the

European Union and the United States of America on the reciprocal exchange of

information for identity verification, and screening and vetting, relating to border

procedures and applications for travel authorisations and visas

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EXPLANATORY MEMORANDUM

(1) CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

In 2022, the United States of America (US) introduced a new requirement for all countries

that have been admitted to or aspire to join the US Visa Waiver Program (VWP). This

program enables citizens of participating countries to travel to the US visa-free for a

maximum of 90 days for the purposes of tourism or business. The new requirement entails the

conclusion of an “Enhanced Border Security Partnership” (EBSP) with the US Department of

Homeland Security (DHS) as a condition for admission to, and further participation in, the

VWP, as a component of the already existing traveller information exchange requirement.

The VWP partnerships are at the forefront of the US international cooperation on border and

immigration security. One of their objectives is to establish robust bilateral exchanges of

information to enable authorities to authenticate effectively the identity of travellers from

partner countries and determine whether they represent a threat to US security.

As part of its VWP partnerships, the US concluded bilateral agreements with EU Member

States, such as the Agreements on Enhancing Cooperation in Preventing and Combating

Serious Crime (PCSC Agreements). These agreements established information exchange,

including biometric data, on individuals who are suspected or convicted of terrorist offences

or serious crime.

Under the EBSP, exchanges concern information, including biometric data, stored in national

databases of Member States on individuals travelling or intending to travel to the US. The

EBSP agreements are expected to be concluded by 31 December 2026. After this deadline,

the DHS will assess each country’s compliance with the EBSP requirement during

evaluations for initial and continued participation in the VWP.

The Commission Recommendation for the Council Decision authorising the opening of

negotiations on a Framework Agreement between the European Union and the US was

adopted on 23 July 20251. The Council adopted the decision to authorise the opening of

negotiations on 16 December 2026.

On 16 December 2025, the Council adopted the Decision authorising the opening of

negotiations for a framework agreement between the European Union and the United States of

America on the reciprocal exchange of information for security screenings and identity

verifications relating to border procedures and visa applications2. The Commission was

appointed as the Union negotiator. The Council Decision also included an addendum with the

directives for the negotiation of such agreement (‘negotiation directives’).

The Commission conducted the negotiations in close consultation with the Council’s Working

Party on JHA Information Exchange and kept the European Parliament informed of the

1 European Commission, Recommendation for a Council Decision authorising the opening of

negotiations on a Framework Agreement between the European Union and the United States of

America on the exchange of information for security screenings and identity verifications relating to

border procedures and applications for visa, COM(2025)447, 23.7.2025. 2 Council Decision (EU) 2025/2640 of 16 December 2025 authorising the opening of negotiations for a

framework agreement between the European Union and the United States of America on the reciprocal

exchange of information for security screenings and identity verifications relating to border procedures

and visa applications, OJ L, 19.12.2025.

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evolution of the negotiations (LIBE Committee). The negotiations were completed on 23 July

2026.

The Framework Agreement sets the conditions for the reciprocal exchange of information

between the competent authorities of the EU Member States and of the US for identity

verification, screening and vetting of individuals in the context of border checks and

applications for travel authorisations and visas necessary to determine whether the traveller’s

entry or stay would pose a serious and genuine risk to public security or public order. The

bilateral agreements between Member States and the US will set out the specifics of the

information exchange with the US from their national information systems, considering

national legal requirements, the set-up of national databases, and other technical requirements

or limitations.

One of the key objectives of the Framework Agreement is to ensure reciprocity in the

exchange of information with the US, which would help to enhance border protection and

security of the Union as a whole. The Framework Agreement establishes rules for a reciprocal

exchange of information. It provides for the exchange of information on third country

nationals and EU and US citizens. Sharing information on EU citizens is possible under strict

reciprocity whereby if the US categorically exempts their nationals, the Member States are

entitled to decide on exempting all EU citizens. In line with the principles of necessity and

proportionality, the Framework Agreement envisages an automated exchange of information

necessary only for the identification of a person. Additional information can be provided upon

request, with human oversight, and with the possibility to refuse providing such information.

The Framework Agreement applies to those Member States which enjoy a visa free status

with the US or who wish to join the VWP. The Member States are allowed to halt information

exchange as provided for in the Framework Agreement in case their status in the VWP

changes. As regards bilateral agreements already concluded by Member States with the US

prior to the entry into force of this Framework Agreement, the Framework Agreement

includes the conditions under which such agreements remain applicable.

The entry into provisional application of the Framework Agreement is a matter of urgency

due to the review of the VWP and the deadline set by the US to implement the EBSP

requirement by end of 2026. In light of these circumstances, the Commission proposed to

apply the Framework Agreement on a provisional basis as soon as possible and until the

completion of the Parties’ respective internal procedures for the entry into force of the

Framework Agreement.

• Consistency with existing policy provisions in the policy area

The Framework Agreement was negotiated taking into account the negotiating directives

adopted by the Council3. The present Framework Agreement is also consistent with existing

Union policies in the area of the common visa policy and its objective for visa reciprocity, as

well as with EU’s data protection framework.

This Framework Agreement contributes to fulfilling the objectives of the Union’s common

visa policy. The Union has developed a common visa policy for short stays (up to 90 days in

any 180-day period) based on Regulation 2018/18064. The Visa Regulation lists the third

3 Supra, footnote 2. 4 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018

listing the third countries whose nationals must be in possession of visas when crossing the external

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countries whose nationals must be in possession of visa when crossing the external borders

and those whose nationals are exempt from that requirement. Currently, US nationals enjoy

visa-free status in the Schengen area. In parallel, the Union has concluded visa waiver and

visa facilitation agreements with several third countries5.

The principle of reciprocity is one of the foundations of the Union’s visa policy with third

countries. Reciprocity means that where the Union has granted to citizens of a third country

visa-free access to visit the Schengen area, it expects the third country to reciprocate by

allowing Union citizens to travel to that third country without the need for a visa as well. The

Union aims to achieve full visa reciprocity with third countries whose nationals are exempted

from the visa requirement to enter the Schengen area. Full reciprocity has indeed been

achieved with all visa-free third countries, except the US With the exception of Bulgaria,

Cyprus and Romania, all Member States participate in the US VWP. Achieving full

reciprocity with the US remains a political objective actively pursued by the Union.

This Framework Agreement thus ensures a consistent approach for all Member States

participating in the VWP in relation to the EBSP requirement.

• Consistency with other Union policies

The Framework Agreement is consistent with the requirements under EU data protection laws

to provide safeguards for the transfers of personal information to third countries.

In the EU, the processing of personal data by Member States is governed by Regulation (EU)

2016/6796 (the ‘GDPR’), except for the processing of data by criminal law enforcement

authorities for the purposes of prevention, investigation, detection or prosecution of criminal

offences or the execution of criminal penalties which is covered by Directive (EU) 2016/6807.

For data transfers between criminal law enforcement authorities for the prevention,

investigation, detection or prosecution of criminal offenses, including terrorism, the EU-US

‘Umbrella Agreement’provides for an international agreement ensuring appropriate

safeguards8.

Given the different scope and purpose of the information exchange intended by the EBSP, the

EU-US ‘Umbrella Agreement’ is not applicable to the transfers envisaged by the US under

the EBSP, therefore throughout the Framework Agreement, data protection safeguards have

been added.

borders and those whose nationals are exempt from that requirement (codification), OJ L 303,

28.11.2018, p. 39. 5 The full list of countries is available here: https://home-affairs.ec.europa.eu/policies/schengen/visa-

policy_en. 6 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 L 119, 4.5.2016, p. 1. 7 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 L 119, 4.5.2016, p. 89. 8 Agreement between the United States of America and the European Union on the protection of personal

information relating to the prevention, investigation, detection, and prosecution of criminal offences, OJ

L 336, 10.12.2016.

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Part III of the Framework Agreement provides for the necessary safeguards, in line with the

GDPR and Article 8 of the Charter of the Fundamental Rights, including provisions ensuring

a number of data protection principles and obligations that must be respected by both Parties.

These provisions ensure enforceable individual rights, independent supervision and effective

administrative and judicial redress for violations of the rights and safeguards recognised in the

Framework Agreement resulting from the processing of personal data under this Framework

Agreement. The Commission ensured that the Framework Agreement sets out rules for the

exchange of personal data while providing for adequate safeguards with respect to the

protection of privacy and fundamental rights and freedoms of individuals.

(2) LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Substantive legal basis

Given that the main objectives and component of this Framework Agreement between the

European Union and the United States of America on the reciprocal exchange of information

for identity verification, and screening and vetting, relating to border procedures and

applications for travel authorizations and visas are to provide the conditions and safeguards

for the transfer of personal information in the context of border procedures and applications

for travel authorisations and visas, the substantive legal bases are Articles 16(2) and 77(2)

TFEU.

Given the subject matter of the envisaged Framework Agreement, it is appropriate for the

Commission to submit the proposal to the Council.

• Procedural legal basis

Article 218(5) TFEU provides that, where the agreement envisaged does not relate

exclusively or principally to the common foreign and security policy, the Commission shall

submit a proposal to the Council. The Council shall adopt a decision authorising the signing

of the agreement, and, if necessary, provisional application before entry into force.

The Commission proposes to authorise the signing of the Framework Agreement between the

European Union and the United States of America on the reciprocal exchange of information

for identity verification, and screening and vetting, relating to border procedures and

applications for travel authorizations and visas, subject to its conclusion at a later date, as well

as its provisional application.

The procedural legal basis for the proposed decision to authorise the signing of the envisaged

agreement is Article 218(5) TFEU.

• Union competence and proportionality

The Union has competence covering all the provisions of this Framework Agreement. In

particular, transfers of personal information by Member States subject to appropriate

safeguards provided by a legally binding and enforceable instrument are foreseen by Article

46(2)(a) of the GDPR. In addition, the Union can conclude international agreements

concerning checks to which persons crossing external borders are subject as well as common

policy on visas (Article 77(2) TFEU). The Union has, thus, competence to conclude this

Framework Agreement with the US on the exchange of information in relation to the crossing

of the external borders between the EU and the US, including on border procedures and

applications for visas and travel authorisations.

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A Framework Agreement concluded between the EU and the US is required to ensure the

common visa policy objective for visa reciprocity and the safeguards of the EU’s data

protection framework. In addition, this Framework Agreement is required to set an adequate

level of information exchange between the EU and the US, which should not exceed the level

of information sharing among the Member States in a bilateral or EU context, subject also to

the principles of proportionality and necessity.

• Choice of the instrument

This proposal for a Council decision is submitted in accordance with Article 218(5) TFEU,

which envisages the adoption by the Council of a decision authorising the signing and the

provisional application of the Framework Agreement. There exists no other legal instrument

that could be used to achieve the objective expressed in this proposal.

• Fundamental rights

The exchange of information under this Framework Agreement and its processing by the

authorities of a third country constitutes an interference with the fundamental rights to privacy

and data protection. However, such interference is justified, also because the Framework

Agreement pursues legitimate objectives i.e. enhancing border security. The Framework

Agreement includes appropriate data protection safeguards to the personal data transferred

and processed, in line with EU law, notably Articles 7, 8, 47 and 52 of the Charter of

Fundamental Rights of the EU.

(3) OTHER ELEMENTS

• Detailed explanation of the specific provisions of the proposal

The Framework Agreement sets forth the framework for the exchange of information as well

as appropriate safeguards for the protection of personal information when transferred between

the US and the Member States in the context of EBSP cooperation relating to border

procedures and applications for travel authorisations and visas.

The Framework Agreement consists of five Parts, as follows:

Part 1 on Common Provisions contains the provisions setting out the objective and scope of

the Framework Agreement, and the key definitions used in the agreement. This Framework

Agreement covers information exchange on individuals crossing the external borders of the

US and the Member States or applying for travel authorisation or a visa to enter or stay in the

territory of the Member States or of the US. The exchange of information is guided by the

principle of reciprocity, which includes, in particular, the similarity regarding maximum

volume limits of information exchanged taking into account capacity and technical limitations

of the competent authorities. This Part further addresses the relationship between this

Framework Agreement and existing EBSPs between the US and some Member States that

address matters within the scope of the Framework Agreement. This Framework Agreement

will supplement, as appropriate, relevant provisions regarding the protection of personal

information in existing EBSPs. The US will adapt existing EBSPs to ensure compliance with

this Framework Agreement. The other cooperation channels and information exchanges dealt

with in other agreements between the US and the EU and the US and the Member States

remain unaffected by this Framework Agreement (e.g. EU-US mutual legal assistance treaty,

bilateral mutual legal assistance treaties, bilateral PCSC agreements). It clarifies that this

Framework Agreement in and of itself shall not be the legal basis for any transfers of personal

information.

Part 2 on Principles and Conditions for the Information Exchange contains provisions

setting the necessary conditions for the exchange of information. It stipulates that the

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information exchange under this Framework Agreement may only take place to the extent

authorised and further specified in bilateral agreements between the Member States and the

US. Such bilateral agreements must comply with the conditions and safeguards set in the

Framework Agreement. Member States could suspend bilateral agreements particularly in

cases of suspension of visa-free travel. This Part further sets the rules for an automated

exchange of limited personal data needed for the identification of the individual during the

assessment of an application for a travel authorisation or visa or during a border check.

Where, during such assessment, there is reason to believe that the entry or stay could pose a

serious and genuine risk to public security or public order, a query can be submitted in

relation to such individual. In cases where there is information of potential interest for EBSP

cooperation (i.e. showing that the entry or stay of an individual would pose a serious and

genuine risk to public security or public order), such confirmation of risk would be

communicated without delay, to the requesting authority following an assessment of all

relevant factors, in accordance with national law and consistent with the technical capabilities

of the requested authority. Additional information on the same individual may be provided

after a human assessment of compliance with the conditions set in the Framework Agreement

and the bilateral agreements. The exchange of information is to take place between single

points of contact. This Part also provides for grounds for refusal to exchange information that

can be used at any stage of the information exchange.

Part 3 on Protection of Personal Information sets out the purpose limitation (i.e.

verification of identity, and screening and vetting, of individuals needed to determine whether

their entry or stay would pose a serious and genuine risk to public security or public order) for

the processing of personal information covered by this Framework Agreement. Further

processing of personal information may only take place for purposes that are not incompatible

with the original purpose. It distinguishes between onward sharing (within the same country,

subject to the data protection safeguards of the Framework Agreement) and onward transfers

(to third countries or international organisations, only with prior consent of the requested

competent authority, after an assessment of the level of data protection that would be

ensured). Both onward sharing and transfers are limited to public authorities. Personal data

will only be retained for as long as this is necessary and appropriate, taking into account

specific factors listed in the Framework Agreement and subject to at least an annual review of

the retention period. This Part provides safeguards for the processing of special categories of

data, and includes transparency and information obligations, on individuals’ rights to access

and correct their own data. Parties are required to have in place effective administrative and

judicial remedies to provide redress for individuals, as well as independent oversight

mechanisms.

Part 4 on Institutional Framework includes a single provision establishing a Joint

Committee: a joint body of the Parties to the Framework Agreement entrusted with the

monitoring of the effective implementation of the Framework Agreement, including by

carrying out periodic joint reviews of the implementation of this Framework Agreement.

Part 5 on Final Provisions covers a number of final clauses regarding consultations in case

of disputes regarding the way the Framework Agreement is interpreted or applied; the

possibility to suspend the Framework Agreement in case of material breach of the agreement

by the other party; the territorial application of the Framework Agreement considering the

specific situation of Ireland and Denmark; the duration and amendment of the agreement;

possibility of each party to terminate the agreement, while it is specified that personal

information transferred prior to the termination will continue to be processed in accordance

with the rules of this Framework Agreement; the entry into force of the agreement and

language clause.

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• Signing and the text of the Framework Agreement

The text of the Framework Agreement is submitted to the Council together with this proposal.

In accordance with the Treaties, it is for the Commission to ensure the signing of the

Framework Agreement, subject to its conclusion at a later date.

In accordance with the Treaties, it is also for the Commission to notify the United States of

America of the Union’s intention to apply on a provisional basis the Framework Agreement

as from the day of its signing, pending its entry into force. Provisional application is proposed

due to the review of the VWP and the deadline set by the US to implement the EBSP

requirement by end of 2026. Following the start of the provisional application Member States,

will be able to start negotiating and concluding bilateral agreements on the EBSP.

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2026/0279 (NLE)

Proposal for a

COUNCIL DECISION

on the signing and provisional application of a Framework Agreement between the

European Union and the United States of America on the reciprocal exchange of

information for identity verification, and screening and vetting, relating to border

procedures and applications for travel authorisations and visas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Articles 77(2) and 16(2), in conjunction with Article 218(5) and Article 218(7) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The United States of America have introduced a new requirement for admission to and

further participation in the US Visa Waiver Program, which enables citizens of

participating countries to travel to the United States visa-free for maximum 90 days

for the purpose of tourism or business. The new requirement entails the conclusion of

an ‘Enhanced Border Security Partnership’ (EBSP) with the US Department of

Homeland Security.

(2) On 16 December 2025, the Council authorised the Commission to open negotiations

with the United States of America for a Framework Agreement between the European

Union and the United States of America on the reciprocal exchange of information for

security screenings and identity verifications relating to border procedures and visa

applications.

(3) The Commission has negotiated the Framework Agreement between the European

Union and the United States of America on the reciprocal exchange of information for

identity verification, and screening and vetting, relating to border procedures and

applications for travel authorizations and visas (the ‘Framework Agreement’).

(4) This Framework Agreement sets a common framework for information exchange in

the context of the EBSP between the Union and the United States of America.

(5) The Framework Agreement allows for the conclusion of bilateral agreements between

the United States of America and the Member States on matters covered by the

Framework Agreement. The provisions of such bilateral agreements are to be

compatible with those of the Framework Agreement and with Union law.

(6) In addition, in the event that this Framework Agreement is terminated or suspended

bilateral agreements between the Member States and the United States of America on

matters covered by the Framework Agreement should, in full respect of the principle

of sincere cooperation, be terminated or suspended, as the case may be. The Member

States should inform the Commission of the termination or suspension of these

bilateral agreements.

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(7) Given the review of the US Visa Waiver Program and the deadline set by the US to

implement the EBSP requirement by end of 2026, the Framework Agreement should

be applied on a provisional basis, in accordance with Article 32 thereof, as of its

signature, pending the completion of the procedures necessary for its entry into force.

(8) In accordance with Articles 1 and 2 of Protocol No 22 on the Position of Denmark

annexed to the Treaty on European Union and to the TFEU, Denmark is not taking

part in the adoption of this Recommendation and is not bound by it or subject to its

application. Given that this Decision builds upon the Schengen acquis, the Kingdom

of Denmark is to, in accordance with Article 4 of that Protocol, decide within a period

of six months after the Council has adopted this Decision whether it will implement it

in its national law.

(9) This Decision constitutes a development of the provisions of the Schengen acquis in

which Ireland does not take part, in accordance with Council Decision 2002/192/EC1;

Ireland is therefore not taking part in its adoption and is not bound by it or subject to

its application.

(10) A common understanding was reached during the negotiationson the situation of

Denmark and Ireland in relation to the Schengen acquis, as well as of the close

relationship between the European Union and Norway, Iceland, Switzerland and

Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26

October 2004 concerning the association of those countries with the implementation,

application and development of the Schengen acquis.

(11) The European Data Protection Supervisor was consulted in accordance with Article 42

of Regulation (EU) 2018/1725 of the European Parliament and of the Council2 and an

Opinion [XX] was issued on [XX].

(12) Therefore, the Framework Agreement should be signed.

(13) The Framework Agreement should be applied on a provisional basis, pending its entry

into force.

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Framework Agreement between the European Union and the United States

of America on the reciprocal exchange of information for identity verification, and screening

and vetting, relating to border procedures and applications for travel authorizations and visas

is hereby authorised, subject to the conclusion of the said Framework Agreement3.

Article 2

(1) Any decision of the Union to take measures related to the provision of guidance in

accordance with Article 27(4)(c) shall be taken by the European Commission in

accordance with the conditions set out in the corresponding provisions of the

Framework Agreement.

(2) The Commission shall inform the Council in a timely manner of its intention to adopt

the proposed measures set out in paragraph 1 and take into account the possible

1 OJ L 64, 7.3.2002. 2 OJ L 295, 21.11.2018. 3 The text of the Agreement is published in OJ L, …., ELI … .

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views expressed. The Commission shall also inform the European Parliament, as

appropriate.

Article 3

(1) The Agreement shall be applied on a provisional basis, in accordance with Article 32

thereof, pending its entry into force.

(2) The date from which the Agreement is to be applied on a provisional basis shall be

published in the Official Journal of the European Union.

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

For the Council

The President

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EUROPEAN COMMISSION

Brussels, 10.9.2026 COM(2026) 484 final

ANNEX

ANNEX

to the

Proposal for a Council decision

on the signing and provisional application of the Framework Agreement between the

European Union and the United States of America on the reciprocal exchange of

information for identity verification, and screening and vetting, relating to border

procedures and applications for travel authorisations and visas

1

Framework Agreement between the European Union and the United States of America on the reciprocal exchange of information for identity

verification, and screening and vetting, relating to border procedures and applications for travel

authorisations and visas

2

Table of Contents

Part 1 – Common Provisions

Article 1 – Objective of the Framework Agreement

Article 2 – Definitions

Article 3 – Scope of the Framework Agreement

Article 4 – Effect of the Framework Agreement

Part 2 – Principles and Conditions for the Information Exchange

Article 5 – Bilateral Agreements

Article 6 – Purpose of the Exchange of Information

Article 7 – Exchange of Information through an Automated Query

Article 8 – Confirmation of Risk

Article 9 – Procedure for Further Exchange of Additional Information

Article 10 – Single Points of Contact

Article 11 – Non-Derogation

Part 3 – Protection of Personal Information

Article 12 – Purpose and Use Limitation

Article 13 – Onward Sharing

Article 14 – Onward Transfers

Article 15 – Quality and Integrity of Information

Article 16 – Information Security

Article 17 – Notification of an Information Security Incident

Article 18 – Record Keeping

Article 19 – Retention Period

Article 20 – Special Categories of Personal Information

Article 21 – Automated Decisions

Article 22 – Access

Article 23 – Rectification

Article 24 – Administrative and Judicial Redress

Article 25 – Transparency

Article 26 – Effective Oversight

Part 4 – Institutional Framework

Article 27 – Joint Committee

Part 5 – Final Provisions

Article 28 – Consultations

Article 29 – Suspension

Article 30 – Territorial Application

Article 31 – Entry into Force, Duration, Amendment, and Termination

Article 32 – Provisional Application

Article 33 – Authentic Text

3

THE EUROPEAN UNION, hereinafter also referred to as the EU,

and

THE UNITED STATES OF AMERICA, hereinafter also referred to as the United States,

together hereinafter referred to as “the Parties”,

SEEKING to encourage and enhance cooperation between the Parties in the spirit of

transatlantic partnership;

INTENDING to establish a legal framework to facilitate the reciprocal exchange of

information for the purposes of verification of identity, and screening and vetting, of

individuals, with a view to preventing individuals who represent a serious and genuine risk to

public security or public order, including on terrorism or criminal grounds, the ability to

enter or stay in their territories;

HAVING REGARD for United Nations Security Council resolutions 1373 (2001), 1624

(2005), 2178 (2014), 2322 (2016), and, in particular, 2396 (2017) which requires Member

States of the United Nations to develop and implement systems to collect biometric data in

order to responsibly and properly identify terrorists, in compliance with domestic law and

international human rights law, and which encourages Member States of the United Nations

to share such information responsibly with each other, as appropriate;

MINDFUL that the United States and the European Union are committed to ensuring a high

level of protection of personal information exchanged for the purposes of this Framework

Agreement;

NOTING that the United States has in place Enhanced Border Security Partnerships with

certain Member States of the EU, and UNDERSTANDING that the United States and those

Member States intend to ensure compliance of those Partnerships with this Framework

Agreement;

RESOLVED to strengthen, in the context of the bilateral Agreements on Enhancing Border

Security through the Exchange of Information between the Member States of the EU and the

United States, the exchange of identity information to prevent individuals seeking to cross

their respective borders and stay in their territory from posing a risk to public security or

public order;

MINDFUL that both Parties are committed to ensuring mutually beneficial exchanges of

information needed to ensure the integrity and security of visa-free transatlantic travel

through the Enhanced Border Security Partnership, but noting exchanges authorised in the

bilateral Agreements on Enhancing Border Security through the Exchange of Information

may be temporarily suspended in certain circumstances, including in the event of suspension

of the visa-free travel;

4

RECOGNIZING that this Framework Agreement establishes common principles and

safeguards for the reciprocal exchange of information under this Framework Agreement and

does not preclude Member States of the EU and the United States from including additional

types of information sharing cooperation in the bilateral Agreements on Enhancing Border

Security through the Exchange of Information.

RECALLING the European Union’s objective to explore ways to enhance information

exchange for law enforcement and border management purposes with strategic partners and

recognizing the Parties’ shared objective for future expansion of cooperation in this area;

RECOGNIZING the principles of proportionality and necessity, and relevance and

reasonableness, as implemented by the Parties in their respective legal frameworks, and

CONSIDERING the level of information exchange between Member States of the EU;

EMPHASIZING that each Party should have in place a legal framework that provides

individuals with effective judicial and non-judicial redress to identify and remedy instances

where an individual’s personal information has been processed and used in a manner

inconsistent with Part 3 of this Framework Agreement, and ACKNOWLEDGING that it is for

each Party to determine the type of remedies available, and that it is not required that each

type of remedy be available in every instance;

REAFFIRMING the Parties’ longstanding commitment to upholding the shared values and

principles of democracy, the rule of law, and respect for human rights and fundamental

freedoms, which underpin their domestic and international policies, and further reaffirming

respect for the Universal Declaration of Human Rights and international human rights

treaties to which the United States and Member States of the EU are parties, including the

International Covenant on Civil and Political Rights, done at New York on December 16,

1966, and the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment, done at New York on December 10, 1984;

TAKING INTO ACCOUNT the Protocol on the Position of Denmark annexed to the Treaty on

European Union and the Treaty on the Functioning of the European Union, and

CONFIRMING that this Framework Agreement is not binding upon or applicable in relation

to the Kingdom of Denmark;

TAKING INTO ACCOUNT the Protocol on the Schengen acquis integrated into the

framework of the European Union, annexed to the Treaty on European Union and the Treaty

on the Functioning of the European Union, and CONFIRMING that the provisions of this

Framework Agreement are not applicable in relation to Ireland;

HAVE AGREED AS FOLLOWS:

5

PART 1: COMMON PROVISIONS

Article 1

Objective of the Framework Agreement

1. The objective of this Framework Agreement is to enhance cooperation between the

United States and the Member States of the EU in relation to the exchange of

information on individuals crossing their respective external borders or applying for a

travel authorisation or a visa to enter or stay in the territory of one of the Member

States of the EU or of the United States, while ensuring a high level of protection of

personal information.

2. In the pursuit of this objective, this Framework Agreement sets forth the framework

for the exchange of information as well as the appropriate safeguards for the

protection of personal information when transferred between the United States and the

Member States of the EU.

3. This Framework Agreement in and of itself shall not be the legal basis for any

transfers of personal information.

4. The exchange of information set out in this Framework Agreement shall be guided by

the principle of reciprocity, which includes, in particular, similarity regarding

maximum volume limits, type, and quality of information exchanged.

5. The exchange of information under Article 7 shall be based on a maximum volume of

individuals to be screened, taking into account the capacity and technical limitations

of the Competent Authorities, real volumes of travel, current risks, and reciprocity, to

the extent determined in the bilateral Agreements on Enhancing Border Security

through the Exchange of Information.

Article 2

Definitions

For the purposes of this Framework Agreement:

1. “Member State” means a Member State of the European Union;

2. “Union citizen” means any person holding the nationality of a Member State;

3. “U.S. national” or “national of the United States” means a citizen or national of the

United States;

4. “Personal information” means information relating to an identified or identifiable

natural person (an individual). An identifiable person is a person who can be

identified, directly or indirectly, by reference to, in particular, an identification number

or to one or more factors specific to his or her physical, physiological, mental,

economic, cultural, or social identity;

6

5. “Processing of personal information” means any operation or set of operations

involving collection, maintenance, use, alteration, organisation or structuring,

disclosure or dissemination, or disposition;

6. “Special categories of personal information” means personal information revealing

racial or ethnic origin, political opinions or religious or other beliefs, trade union

membership, genetic data, biometric data for the purpose of uniquely identifying a

natural person, and personal information concerning health or sexual life. An

individual’s name, date of birth, place of birth, nationality/citizenship, or other basic

biographic identity information shall not be deemed to constitute in themselves

special categories of personal information;

7. “Competent Authority” means a public authority of the United States or of a Member

State responsible for activities covered by this Framework Agreement, consistent with

relevant designations in bilateral Agreements on Enhancing Border Security through

the Exchange of Information between the Member States and the United States;

8. “Requesting Competent Authority” means the Competent Authority that initiates the

query;

9. “Requested Competent Authority” means the Competent Authority that receives the

query from the requesting competent authority;

10. “Travel authorisation” means an authorisation to travel and to seek admission to the

territory of a Member State or of the United States for short or temporary stays for

persons who are not subject to an obligation of being in possession of a visa, as

defined in applicable law; and

11. “Visa”means an authorisation to travel or transit and to seek admission to the territory

of a Member State or of the United States for short or temporary stays, as defined in

applicable law.

Article 3

Scope of the Framework Agreement

1. This Framework Agreement shall apply to personal information of individuals

transferred between the Competent Authorities of the United States and the

Competent Authorities of the Member States for the purposes set forth in Article 6.

2. The Parties intend for the United States and the Member States to exchange

information on U.S. nationals, Union citizens, and third country nationals. Should

either the United States or a Member State be unable to categorically exchange

information on its respective nationals or citizens, the other side is entitled to decide

whether it will reciprocally refrain from exchanging information on all Union citizens

or all U.S. nationals respectively.

3. For the purpose of paragraph 2, where a person is a Union citizen or is a U.S.

national, or both, the transfer of personal information should be treated as a transfer of

information on a citizen of a Member State or a national of the United States,

regardless of whether that person holds one or more additional citizenships.

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Article 4

Effect on the Framework Agreement

1. This Framework Agreement supplements, as appropriate, provisions regarding the

protection of personal information in existing Enhanced Border Security Partnerships

between the United States and Member States that address matters within the scope of

this Framework Agreement. The United States shall undertake to adapt existing

Enhanced Border Security Partnerships to ensure compliance with this Framework

Agreement by working with the relevant Member States.

2. The Parties shall take all necessary measures to implement this Framework

Agreement, including, in particular, their respective obligations under this Framework

Agreement regarding access, rectification, and administrative and judicial redress for

individuals provided herein. The protections and remedies set forth in this Framework

Agreement shall benefit relevant individuals in the manner implemented in each

Party’s respective legal framework. For the United States, its obligations shall apply

in a manner consistent with its fundamental principles of federalism.

3. By giving effect to paragraph 2, the processing of personal information by the

Competent Authorities, with respect to matters falling within the scope of this

Framework Agreement, shall be deemed to comply with their respective data

protection legislation restricting or conditioning international transfers of personal

information, and no further authorisation under such legislation shall be required.

4. Except as provided in paragraph 1, nothing in this Framework Agreement shall be

construed to limit or prejudice the provisions of any treaty, other agreement or

arrangement, including mutual legal assistance agreements and agreements on

enhancing cooperation in preventing and combatting serious crime, working law

enforcement relationships, or domestic law allowing for information sharing between

the United States and the Member States.

PART 2: PRINCIPLES AND CONDITIONS FOR THE INFORMATION EXCHANGE

Article 5

Bilateral Agreements

The exchange of information under this Framework Agreement may only take place to the

extent authorised and further specified in bilateral Agreements on Enhancing Border Security

through the Exchange of Information between the Member States and the United States

(hereinafter “bilateral agreements”) and only to the extent that those bilateral agreements:

a) include provisions necessary to comply with the conditions for the exchange of

information set out in this Framework Agreement;

b) identify specific national information systems that are relevant for the objective

described in Article 1 and the purposes described in Article 6, from which information

is to be exchanged under this Framework Agreement and in accordance with

applicable domestic laws (hereinafter “national information systems”); and

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c) include provisions on suspension of the bilateral agreements, for reasons including

suspension of visa-free travel.

Article 6

Purpose of the Exchange of Information

Personal information shall only be exchanged under this Framework Agreement for the

purposes of verification of identity, and screening and vetting, of individuals needed to

determine whether their entry or stay would pose a serious and genuine risk to public security

or public order.

Article 7

Exchange of Information through an Automated Query (first step)

1. During the assessment of an application for a travel authorisation or visa or during

border checks, the Requesting Competent Authority may submit an automated query

in relation to an individual where, during the examination of the individual, there is

reason to believe that the entry or stay could pose a serious and genuine risk to public

security or public order. This may in particular be the case: where there are indications

of identity fraud or misuse of identities; where there are doubts as to the authenticity

and validity of the travel documents; where there are indications that an application

for a visa contains fraudulent or false information; where there are risk assessments

and scenarios identifying risk on the basis of trend analysis of suspicious activity, law

enforcement cases, or criminal intelligence; or where information about the concerned

individual exists in the national information systems of the Requesting Competent

Authority.

2. While carrying out their activities referred to in paragraph 1, the Competent

Authorities shall not arbitrarily and unjustifiably discriminate against individuals, in

particular, on the grounds of sex, racial or ethnic origin, religion or belief, disability,

age or sexual orientation.

3. Subject to the conditions set out in paragraph 1 and 2 above, the Requesting

Competent Authority may submit an automated query in relation to an individual

where there is a nexus between the individual and the State of the Requested

Competent Authority, including where the individual is a citizen/national, is a current

or former resident, or has previously stayed or applied to stay on the territory of the

State of the Requested Competent Authority.

4. An automated query may only be initiated when the Requesting Competent Authority

is also conducting searches against its own national information systems.

5. When submitting an automated query, the Requesting Competent Authority shall

include a unique reference number that identifies the individual and/or the query and

an indicator of the nature of the Requesting Competent Authority’s encounter with the

individual and may use the following personal information:

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a) the identity information included in the application or in the travel

document, such as the surname (family name), first name or names (given

names), the date of birth, national ID number, and/or

b) the fingerprints of an individual.

6. Fingerprint data may only be used for the submission of the automated query if the

relevant bilateral agreement requires the Requesting Competent Authority to ensure

that the fingerprint data used in the query are of sufficient quality for automated

comparison.

7. In case of a positive correspondence (match) with information held in its national

information systems, the Requested Competent Authority shall transfer to the

Requesting Competent Authority through the automated process:

a) the confirmation of such a match, and

b) alphanumeric data for the identification of an individual, such as first

name, last name, and date of birth.

8. In case of a positive correspondence (match) with information held in its national

information systems, the Requested Competent Authority may transfer to the

Requesting Competent Authority through the automated process, where available and

shareable under domestic law, photographs for the identification of an individual.

9. Under this Article, the Requested Competent Authority may only transfer personal

information that is adequate, relevant, and limited to what is needed for the

identification of the individual.

Article 8

Confirmation of Risk

1. Should the procedure described in Article 7 generate a positive correspondence

(match), the Requested Competent Authority, to the extent authorised and further

specified in the relevant bilateral agreement, shall assess without delay, based on all

relevant factors, whether the positive correspondence is related to a risk set forth in

Article 6. Such factors may include criminal convictions, terrorist threats or

immigration violations, including their nature, seriousness and timing.

2. The Requested Competent Authority shall send without delay a confirmation whether

there is information of potential interest related to a risk set forth in Article 6, which

may be requested under the procedure of Article 9, and its nature, by indicating the

relevant factor or factors referred to in paragraph 1.

3. The sharing of information pursuant to this Article may only take place to the extent

that the relevant bilateral agreement establishes the procedures for sharing and the

expected content of that communication, in accordance with applicable domestic law

and consistent with the technical capabilities of the Requested Competent Authority.

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Article 9

Procedure for Further Exchange of Additional Information (second step)

1. Should the procedure described in Article 7 show a positive correspondence (match)

and after the procedures described in Article 8 have been completed, the Requesting

Competent Authority may request additional information on the same individual for

the purposes set forth in Article 6 to the extent authorised in the relevant bilateral

agreement.

2. Subject to the safeguards for the protection of personal information set out in Part 3 of

this Framework Agreement, the Requested Competent Authority may transfer the

additional information requested by the Requesting Competent Authority.

3. The exchange of additional information may only take place to the extent that the

relevant bilateral agreement specifies the national information systems from which

information may be exchanged, the categories of information that the Requested

Competent Authority may transfer, and the procedures for such transfer in accordance

with applicable domestic law.

4. With the exception of biometric data for the purpose of uniquely identifying a natural

person, special categories of personal information may only be transferred under this

Article where particularly relevant to achieve the purposes set forth in Article 6.

5. The exchange of additional information may only take place to the extent that the

relevant bilateral agreement establishes conditions for the exchange and only after a

human assessment of compliance with those conditions by the Requested Competent

Authority, and in accordance with applicable domestic law.

6. In the case of a positive correspondence (match) described in Article 7 and after the

procedures described in Article 8 have been completed, the Requested Competent

Authority may request available alphanumeric and contextual data on the same

individual from the Requesting Competent Authority exclusively for ensuring

accuracy and for auditing existing records on the individual concerned. The

Requesting Competent Authority shall respond consistent with any relevant

procedures provided in the bilateral agreements and in accordance with applicable

domestic law.

Article 10

Single Points of Contact

The Competent Authorities shall designate single points of contact for the exchange of

personal information under this Framework Agreement.

Article 11

Non-Derogation

The exchange of information under this Framework Agreement shall be without prejudice to

the invocation by the Requested Competent Authority of grounds to refuse a request available

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pursuant to a bilateral agreement or arrangement, such as where the response risks

jeopardizing ongoing investigations or would prejudice the State of the Requested Competent

Authority’s sovereignty, security, public order, or if the response would conflict with

applicable domestic law or international obligations.

PART 3: PROTECTION OF PERSONAL INFORMATION

Article 12

Purpose and Use Limitation

1. Personal information received under this Framework Agreement shall be processed

for the purposes set forth in Article 6.

2. The further processing of personal information under this Framework Agreement shall

not be incompatible with the purposes for which it was transferred.

3. Compatible processing includes further processing for purposes of preventing an

immediate and serious threat to public security, further processing to report to public

oversight authorities such as those listed in Article 26, and where further processing is

directly related to the purposes for the exchange of information under this Framework

Agreement. All such further processing shall respect the other provisions of this

Framework Agreement, in particular its Articles 15 and 19. This paragraph is without

prejudice to the application of treaties, agreements, or arrangements mentioned in

Article 4, paragraph 4, such as mutual legal assistance agreements.

4. This Article shall not prejudice the ability of the Requested Competent Authority to

impose additional conditions in a specific case to the extent the applicable legal

framework for transfer permits it to do so. Such conditions shall not include generic

data protection conditions, that is, conditions imposed that are unrelated to the

specific facts of the case. If the information is subject to such conditions, the

Requesting Competent Authority shall comply with them. The Requested Competent

Authority may also require the Requesting Competent Authority to give information

on the use made of the transferred information.

5. The Parties shall ensure under their respective legal frameworks that personal

information is processed in a manner that is directly relevant to and not excessive or

overbroad in relation to the purpose of the processing.

Article 13

Onward Sharing

1. All processing of personal information exchanged under this Framework Agreement

by other national law enforcement, regulatory, or administrative authorities shall

respect the other provisions of Part 3 of this Framework Agreement.

2. The Parties shall have in place measures to promote accountability for processing

personal information within the scope of the Framework Agreement by their

Competent Authorities, and any of their authorities to which personal information has

12

been transferred. Such measures shall include notification of the safeguards applicable

to transfers of personal information under this Framework Agreement, and of the

conditions that may have been imposed by the Requested Competent Authority

pursuant to Article 12, paragraph 4. Serious misconduct shall be addressed through

appropriate and dissuasive criminal, civil, or administrative sanctions. Such measures

shall include, as appropriate, discontinuation of transfer of personal information to

authorities of constituent territorial entities of the Parties not covered by this

Framework Agreement that have not effectively protected personal information,

taking into account the purpose of this Framework Agreement, and in particular, the

purpose and use limitations and onward transfer provisions of this Framework

Agreement.

Article 14

Onward Transfers

1. Personal information received from the Requested Competent Authority pursuant to

this Framework Agreement may be transferred to public authorities in third countries

or to international organisations only where the prior consent of the Requested

Competent Authority has been obtained.

2. When granting its consent to an onward transfer of personal information, the

Requested Competent Authority shall take due account of all relevant factors,

including the purpose for which the personal information was initially transferred and

whether the third country or international organisation with which the information is

to be shared ensures an appropriate level of protection of personal information.

Article 15

Quality and Integrity of Information

The Parties shall take reasonable steps to ensure that personal information is

maintained with such accuracy, relevance, timeliness, and completeness as is

necessary and appropriate for lawful processing of the information. For this purpose,

the Competent Authorities shall have in place procedures, the object of which is to

ensure the quality and integrity of personal information, including the following:

a) the measures referred to in Article 23;

b) where the Requested Competent Authority becomes aware of significant

doubts as to the relevance, timeliness, completeness, or accuracy of such

personal information it has transferred, it shall, where feasible, advise the

Requesting Competent Authority thereof; and

c) where the Requesting Competent Authority becomes aware of significant

doubts as to the relevance, timeliness, completeness, or accuracy of personal

information received, it shall, where feasible, advise the Requested Competent

Authority thereof.

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Article 16

Information Security

1. The Competent Authorities shall ensure that they have in place appropriate technical,

security and organisational arrangements for the protection of personal information

against all of the following:

a) accidental or unlawful destruction;

b) accidental loss; and

c) unauthorised disclosure, alteration, access, or other processing.

2. Such arrangements shall include appropriate safeguards regarding the authorisation

required to access personal information.

Article 17

Notification of an Information Security Incident

1. Upon discovery of an incident involving accidental loss or destruction, or

unauthorised access, disclosure, alteration, or other processing of personal

information, in which there is a significant risk of damage, the Requesting Competent

Authority shall promptly assess the likelihood and scale of damage to individuals and

promptly take appropriate action to mitigate any such damage.

2. Action to mitigate damage shall include a notification to the Requested Competent

Authority. Such a notification may:

a) include appropriate restrictions as to the further transmission of the

notification;

b) be delayed or omitted when it may endanger national security;

c) be delayed when it may endanger public security operations.

3. Action to mitigate damage shall also include notification to the individual, where

appropriate, given the circumstances of the incident, unless such notification may

endanger:

a) public or national security;

b) official inquiries, investigations or proceedings;

c) the prevention, detection, investigation, or prosecution of criminal offences;

d) rights and freedoms of others, in particular the protection of victims and

witnesses.

4. The Competent Authorities involved in the transfer of the personal information may

consult each other concerning the incident and the response thereto.

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Article 18

Record Keeping

1. The Competent Authorities shall have in place effective methods of demonstrating the

lawfulness of processing of personal information, which may include the use of logs

containing a clear and specific purpose of each query and the logging of processing

operations related to the exchange, as well as other forms of records.

2. The Competent Authorities may use such logs or records for maintaining orderly

operations of the national information systems or files concerned, to ensure data

integrity and security, conduct auditing activities, and, where necessary, to follow

backup procedures.

Article 19

Retention Period

The Parties shall provide in their applicable legal frameworks specific retention periods for

records containing personal information, the object of which is to ensure that personal

information is not retained for longer than is necessary and appropriate. Such retention

periods shall take into account the purposes of processing, the nature of the data and the

authority processing it, the impact on relevant rights and interests of affected individuals, and

other applicable legal considerations. The Parties shall provide procedures for at least an

annual review of the retention period with a view to determining whether changed

circumstances require further modification of the applicable period.

Article 20

Special Categories of Personal Information

1. Processing of special categories of personal information shall only take place under

appropriate safeguards in accordance with law.

2. The appropriate safeguards referred to in paragraph 1 may include the following

protective measures:

a) restricting the purposes for which the information may be processed, such as

allowing the processing only on a case-by-case basis;

b) masking, deleting, or blocking the information after effecting the purpose for

which it was processed;

c) restricting personnel permitted to access the information;

d) requiring specialised training for personnel who access the information;

e) requiring supervisory approval to access the information.

3. These safeguards shall duly take into account the nature of the personal information,

particular sensitivities of the information, and the purpose for which the information

is processed.

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Article 21

Automated Decisions

Decisions producing significant adverse actions concerning the relevant interests of

individuals may not be based solely on the automated processing of personal information

without human involvement, unless authorised under the Parties’ respective legal

frameworks, and with appropriate safeguards that include the possibility to obtain human

intervention.

Article 22

Access

1. The Parties shall ensure that any individual is entitled to seek access to his or her

personal information and, subject to the restrictions set forth in paragraph 2, to obtain

it. Such access shall be sought and obtained from a Competent Authority in

accordance with the applicable legal framework of the State in which relief is sought.

2. The obtaining of personal information in a particular case may be subject to

reasonable restrictions provided under domestic law, taking into account legitimate

interests of the individual concerned, so as to:

a) protect the rights and freedoms of others, including their privacy;

b) safeguard public and national security;

c) protect law enforcement sensitive information;

d) avoid obstructing official or legal inquiries, investigations, or proceedings;

e) avoid prejudicing the prevention, detection, investigation, or prosecution of

criminal offences or the execution of criminal penalties; or

f) otherwise protect interests provided for in legislation regarding freedom of

information and public access to documents.

3. Excessive expenses shall not be imposed on the individual as a condition to access his

or her personal information.

4. An individual is entitled to authorise, where permitted under domestic law, an

oversight authority or other representative to request access on his or her behalf.

5. If access is denied or restricted, the Requested Competent Authority will, without

undue delay, provide to the individual, or to his or her duly authorised representative

as set forth in paragraph 4, the reasons for the denial or restriction of access.

Article 23

Rectification

1. The Parties shall ensure that any individual is entitled to seek correction or

rectification of his or her personal information that he or she asserts is either

inaccurate or has been improperly processed. Correction or rectification may include

16

supplementation, erasure, blocking, or other measures or methods for addressing

inaccuracies or improper processing. Such correction or rectification shall be sought

and obtained from a Competent Authority in accordance with the applicable legal

framework of the State in which relief is sought.

2. Where the Requesting Competent Authority concludes following:

a) a request under paragraph 1;

b) notification by the Requested Competent Authority; or

c) its own investigations or inquiries;

that information it has received under this Framework Agreement is inaccurate or has

been improperly processed, it shall take measures of supplementation, erasure,

blocking, or other methods of correction or rectification, as appropriate.

3. An individual is entitled to authorise, where permitted under domestic law, an

oversight authority or other representative to seek correction or rectification on his or

her behalf.

4. If correction or rectification is denied or restricted, the Requested Competent

Authority will, without undue delay, provide to the individual, or to his or to her duly

authorised representative as set forth in paragraph 3, a response setting forth the basis

for the denial or restriction of correction or rectification.

Article 24

Administrative and Judicial Redress

The Parties shall have in place effective administrative and judicial remedies to provide

redress for individuals whose personal information has been processed and used in a manner

inconsistent with Part 3 of this Framework Agreement as set forth under each Party’s

respective legal framework and in accordance with Article 4, paragraph 2.

Article 25

Transparency

1. The Parties shall ensure that notice is provided to an individual, as to his or her personal

information, which notice may be effected by the Competent Authorities through

publication of general notices or through actual notice, in a form and at a time provided

for by the law applicable to the authority providing notice, with regard to the:

a) purposes of processing of such information by that authority;

b) purposes for which the information may be shared with other authorities;

c) laws or rules under which such processing takes place;

d) third parties to whom such information is disclosed; and

e) access, correction or rectification, and redress available.

17

2. Such notice requirement is subject to the reasonable restrictions under domestic law with

respect to the matters set forth in Article 22, paragraph 2 (a) through (f).

Article 26

Effective Oversight

1. The Parties shall have in place one or more public oversight authorities that:

a) exercise independent oversight functions and powers, including review,

investigation and intervention, where appropriate on their own initiative;

b) have the power to accept and act upon complaints made by individuals

relating to the measures implementing Part 3 of this Framework

Agreement; and

c) have the power to refer violations of law related to Part 3 of this

Framework Agreement for prosecution or disciplinary action when

appropriate.

2. The European Union shall provide for oversight under this Article through the data

protection authorities of its Member States.

3. The United States shall provide for oversight under this Article cumulatively through

more than one authority, which may include inspectors general, chief privacy officers,

government accountability offices, privacy and civil liberties oversight boards, and

other applicable executive and legislative privacy or civil liberties review bodies.

PART 4: INSTITUTIONAL FRAMEWORK

Article 27

Joint Committee

1. A Joint Committee consisting of representatives of the Parties shall meet at least once

a year to conduct consultations relating to this Framework Agreement and to review

its implementation.

2. The Joint Committee shall be co-chaired by a representative of the European Union

and a representative of the United States.

3. A Party may also request a meeting to seek to address questions related to the

interpretation or application of this Framework Agreement.

4. The Joint Committee shall:

a) Monitor the effective implementation of this Framework Agreement, including

by carrying out periodic joint reviews of the implementation of this

Framework Agreement no later than three years from the date of the entry into

force of this Framework Agreement, and thereafter on a regular basis, to assess

the effectiveness, and proportionality or reasonableness, of the volume and

reciprocity of the exchange of information in relation to the purposes of the

18

implementation of this Framework Agreement. To this end, the Parties shall

ensure that the Joint Committee receives statistics collected by the Member

States and the United States including the number and nature of queries, the

number and percentage of matches, and the timeliness of responses processed

under this Framework Agreement;

b) Hold consultations consistent with Article 28; and

c) Provide guidance regarding how the Framework Agreement should be

interpreted and implemented, where appropriate, and facilitate specific aspects

of cooperation based on this Framework Agreement.

5. The Joint Committee’s working methods shall be by consensus.

PART 5: FINAL PROVISIONS

Article 28

Consultations

Any dispute regarding the interpretation and implementation of this Framework Agreement

shall be resolved by consultations between the Parties, which may include consultations in

the Joint Committee, and shall not be referred to any national or international tribunal or third

party for settlement.

Article 29

Suspension

1. In the event of a material breach of this Framework Agreement, either Party may

suspend this Framework Agreement in whole or in part by written notification to the

other Party through diplomatic channels. Such written notification shall not be made

until after the Parties have engaged in a reasonable period of consultation without

reaching a resolution; and suspension shall take effect twenty days from the date of

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

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

immediately upon receipt of such notification.

2. Notwithstanding any suspension of this Framework Agreement, personal information

falling within the scope of this Framework Agreement and transferred prior to its

suspension shall continue to be protected in accordance with the safeguards of this

Framework Agreement.

3. In the event of suspension of this Framework Agreement, cooperation between the

United States and Member States under the bilateral agreements that is dependent on

this Framework Agreement is expected to be suspended, consistent with those

bilateral agreements. The bilateral agreements are expected to include a suspension

provision specifying that elements of the bilateral agreements that fall under this

Framework Agreement will be suspended should this Framework Agreement be

suspended.

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Article 30

Territorial Application

1. Subject to paragraph 2, this Framework Agreement shall apply, of the one part, to the

territory in which the Treaty on European Union and the Treaty on the Functioning of

the European Union apply and under the conditions laid down in those Treaties, and,

of the other part, to the territory of United States.

2. This Framework Agreement shall apply to the territory of Ireland only pursuant to a

notification by the European Union to United States to that effect. This Agreement

shall not apply to the territory of the Kingdom of Denmark.

Article 31

Entry into Force, Duration, Amendment, and Termination

1. This Framework Agreement shall enter into force on the first day of the month

following the date on which the Parties have notified each other in writing of the

completion of their respective internal legal procedures for the entry into force of this

Framework Agreement.

2. This Framework Agreement shall be in force for an indefinite period.

3. The Parties may agree, in writing, to amend this Framework Agreement.

4. Either Party may terminate this Framework Agreement by written notification to the

other Party through diplomatic channels. Such termination shall take effect on the first

day of the sixth month following the date of such notification.

5. Notwithstanding any termination of this Framework Agreement, personal information

falling within the scope of this Framework Agreement and transferred prior to its

termination shall continue to be processed in accordance with this Framework

Agreement.

6. In the event of termination of this Framework Agreement, cooperation between the

United States and Member States under the bilateral agreements that is dependent on

this Framework Agreement is expected to cease, consistent with those bilateral

agreements. The bilateral agreements are expected to include a termination provision

specifying that elements of the bilateral agreements that fall under this Framework

Agreement will be terminated should this Framework Agreement be terminated.

Article 32

Provisional Application

The European Union and the United States may apply this Framework Agreement

provisionally, as of the date of signature.

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Article 33

Authentic Text

The signed English text of this Framework Agreement shall be the authentic text. This

Framework Agreement is drawn up by the European Union also in the Bulgarian, Croatian,

Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Irish,

Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and

Swedish languages.

FOR THE EUROPEAN UNION:

………………………………………

Place: ……………………………….

Date: ………………………………..

FOR THE UNITED STATES OF AMERICA:

………….…………………………………

Place: ………….………………………….

Date: …………….………………………..

    Resolutsiooni liik: Riigikantselei resolutsioon Viide: Siseministeerium /  / ; Riigikantselei /  / 2-5/26-02004

Resolutsiooni teema: ELi ja USA vahelise piiri- ja viisamenetluste alase andmevahetuse raamleping

Adressaat: Siseministeerium Ülesanne: ulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukohtade ja otsuste eelnõud järgmiste algatuste kohta, kaasates seejuures olulisi huvigruppe ja osapooli:

- Proposal for a COUNCIL DECISION on the signing and provisional application of a Framework Agreement between the European Union and the United States of America on the reciprocal exchange of information for identity verification, and screening and vetting, relating to border procedures and applications for travel authorisations and visas, COM(2026)484

- Proposal for a COUNCIL DECISION on the conclusion of Framework Agreement between the European Union and the United States of America on the reciprocal exchange of information for identity verification, and screening and vetting, relating to border procedures and applications for travel authorizations and visas, COM(026)485

EISi toimiku nr: 26-0413 Tähtaeg: 30.10.2026

Adressaat: Justiits- ja Digiministeerium, Välisministeerium Ülesanne: Palun esitada oma sisend Majandus- ja Kommunikatsiooniministeeriumile seisukohtade kujundamiseks antud eelnõu kohta (eelnõude infosüsteemi (EIS) kaudu). Tähtaeg: 26.10.2026

Lisainfo: Eelnõusid on kavas arutada valitsuse 12.11.2026. aasta istungil ning Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (04.11.2026) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 30.10.2026.

Kinnitaja: Nele Grünberg, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 07.10.2026 Resolutsiooni koostaja: Sandra Metste [email protected],  

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