European Union (Future Relationship) Act 2020

2 (1) Regulation 2 (interpretation) is amended as follows. U.K.

(2) Insert the following definitions at the appropriate places in paragraph (1)—

• ““the Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as it has effect on the relevant day (as amended or supplemented from time to time on or before its coming into force);”;”;

““air carrier” means the owner or agent of an aircraft operating passenger services to or from the United Kingdom;”;

““the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);”;

““designated independent authority” means the person for the time being designated under regulation 4A by a direction given by the Secretary of State;”;

““EU PIU” means an authority based in a member State which has been notified to the United Kingdom under the Agreement as the passenger information unit for that member State;”;

““EU PNR data” means PNR data—

(a) relating to an aircraft arriving, or expected to arrive, in the United Kingdom from or by way of a member State,

(b) relating to an aircraft leaving, or expected to leave, the United Kingdom to travel to or by way of a member State,

(c) stored in a member State by an air carrier,

(d) stored by an air carrier incorporated in a member State, or

(e) received by the PIU from an EU PIU;”;

““EU PNR information” means EU PNR data, the result of processing EU PNR data or analytical information containing EU PNR data;”;

““Eurojust” means the European Union Agency for Criminal Justice Cooperation as established by Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust) and replacing and repealing Council Decision 2002/187/JHA (as it has effect in EU law as amended from time to time);”;

““European Commission” means the Commission of the European Union;”;

““Europol” means the European Union Agency for Law Enforcement Cooperation as established by Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (as it has effect in EU law as amended from time to time);”;

““PNR information” means PNR data, the result of processing PNR data or analytical information containing PNR data;”;

““relevant day”, in relation to the Agreement or any aspect of it, means—

(a) so far as the Agreement or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and

(b) so far as the Agreement or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force;”;

““third country competent authority” means an authority based in a third country that is competent for—

(a) the prevention, detection, investigation or prosecution of terrorist offences or serious crime, or

(b) protecting the vital interests of persons;”.

(3) Omit the following definitions—

• “data subject”;

• “non-UK competent authority”;

• “the Passenger Name Record Directive”.

(4) In the definition of “processing”—

(a) for “PNR data” substitute “ PNR information ”;

(b) for “that data” substitute “ that information ”.

(5) For the definition of “serious crime” substitute—

““serious crime” means conduct which constitutes an offence in any part of the United Kingdom for which the maximum term of imprisonment (in the case of a person aged 21 or over) is at least 3 years (or would constitute such an offence in any part of the United Kingdom if committed there);”.

(6) In the definition of “third country”—

(a) before “the United Kingdom” insert “—

(a)”;

(b) at the end insert “, or

(b) a member State;”.

(7) For the definition of “terrorist offences” substitute—

““terrorist offences” means the offences listed in Annex LAW-7 to the Agreement;”.

(8) In the definition of “UK competent authority”—

(a) after “competent for” insert “—

(a)”;

(b) at the end insert “, or

(b) protecting the vital interests of persons.”

(9) After paragraph (1) insert—

“(1A) References in these Regulations to protecting the vital interests of persons include protecting persons—

(a) who are, or may be, at risk of death or serious injury, or

(b) from significant threats to public health.”

Commencement Information

I1 Sch. 2 para. 2 in force at Royal Assent for specified purposes, see s. 40(6)(b)

I2 Sch. 2 para. 2 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1662, reg. 2(cc)