The United Kingdom has left the European Union. Before doing so the Government decided not to opt in to a Council decision on the position to be taken on behalf of the European Union in the Council of the International Civil Aviation Organisation (ICAO) in respect of the revision of chapter 9 of annex 9 (“Facilitation”) to the convention on international civil aviation with regard to the standards and recommended practices on passenger name record data.
The Council decision cited a legal base in the Justice and Home Affairs section of the treaty on the functioning of the European Union. As such the Government considered that, in line with the terms of protocol (No. 21) to the treaty, the United Kingdom’s opt-in decision applied.
Adopted as Council decision (EU) 2019/2107, the Council decision records that the United Kingdom is bound by directive (EU) 2016/681, on the use of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime,
“and [is] therefore taking part in the adoption of [the] Decision”.
The Government do not share this view.
In accordance with the principle of sincere co-operation, the United Kingdom shall refrain, during the transition period, from any action or initiative likely to be prejudicial to the position taken by the Council decision particularly within ICAO of which the United Kingdom is a contracting party in its own right.