Council Decision (EU) 2026/2251 of 1 October 2026 on the signing of the Agreement between the European Union and the Republic of Korea on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

Type Decision

Publication 2026-10-07

State In force

Text As published

Department Council of the European Union

Source EUR-Lex

articles 2

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Image omitted; see official source	Official Journal of the European Union	EN L series

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	2026/2251	7.10.2026

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) and Article 87(2), point (a), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 16 December 2025, the Council authorised the Commission to open negotiations with the Republic of Korea for an Agreement between the European Union and the Republic of Korea on the transfer of Passenger Name Record (PNR) data to prevent, detect, investigate and prosecute terrorist offences and serious crime (the ‘Agreement’). The negotiations were successfully concluded by the initialling of the Agreement on 4 June 2026.

(2) The Agreement enables the transfer of PNR data by air carriers from the Union to the Republic of Korea in full respect of the rights provided in the Charter of Fundamental Rights of the European Union, in particular the right to respect for private and family life recognised in Article 7 of the Charter and the right to the protection of personal data recognised in Article 8 of the Charter. In particular, the Agreement includes appropriate safeguards for the protection of personal data transferred under the Agreement.

(3) The Agreement fosters police and judicial cooperation between the competent authorities of the Republic of Korea and those of the Member States as well as Europol and Eurojust in order to contribute to the fight against terrorism and serious crime.

(4) The Agreement should enable the transfer of PNR data from the Union to the Republic of Korea in recognition of the need to use PNR data as an essential tool in the fight against terrorism and other forms of serious crime.

(5) The conclusion of this Agreement forms part of a broader effort by the Commission to pursue a consistent and effective approach regarding the transfer of PNR data to third countries, as announced in the Security Union Strategy 2020-2025, building on the International Civil Aviation Organization’s Standards and Recommended Practices (SARPs) on PNR and in line with the Union law and case-law. In its conclusions of 7 June 2021, the European Council also called on the Commission to pursue such an approach.

(6) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU), Ireland has notified, by letter of 24 September 2026, its wish to take part in the adoption and application of this Decision.

(7) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(8) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council [^ntr1-L_202602251EN.000101-E0001] and delivered its Opinion on 18 September 2026 [^ntr2-L_202602251EN.000101-E0002].

(9) Therefore, the Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement between the European Union and the Republic of Korea on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime is hereby authorised, subject to the conclusion of that Agreement [^ntr3-L_202602251EN.000101-E0003].

Article 2

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

Done at Luxembourg, 1 October 2026.

For the Council

The President

J. O’CALLAGHAN

[^ntr1-L_202602251EN.000101-E0001]: Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

[^ntr2-L_202602251EN.000101-E0002]: Not yet published in the Official Journal.

[^ntr3-L_202602251EN.000101-E0003]: The text of the Agreement will be published together with the decision on its conclusion.

ELI: http://data.europa.eu/eli/dec/2026/2251/oj

ISSN 1977-0677 (electronic edition)

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