(1)

Regulation (EU) 2016/794 of the European Parliament and of the Council (1) was adopted on 11 May 2016, is applicable as of 1 May 2017, and was amended by Regulation (EU) 2022/991 of the European Parliament and of the Council (2).

(2)

The provisions of Regulation (EU) 2016/794, in particular those concerning the transfer of personal data from the European Union Agency for Law Enforcement Cooperation (Europol) to third countries and international organisations, provide that Europol may transfer personal data to an authority of a third country on the basis of an international agreement concluded between the Union and that third country pursuant to Article 218 to the Treaty on the Functioning of the European Union (TFEU) adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

(3)

Negotiations should be opened with a view to concluding an agreement between the European Union and the United Mexican States on the exchange of personal data between Europol and the Mexican authorities competent for fighting serious crime and terrorism (the ‘Agreement’).

(4)

As stated in Recital 35 of Regulation (EU) 2016/794, the Commission should be able to consult the European Data Protection Supervisor (EDPS) during the negotiations of the Agreement and, in any event, before the Agreement is concluded.

(5)

The Agreement should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to an effective remedy and to a fair trial recognised by Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles.

(6)

The Agreement should not affect, and should be without prejudice to, the transfer of personal data or other forms of cooperation between the authorities responsible for safeguarding national security.

(7)

Ireland is bound by Regulation (EU) 2016/794 and is therefore taking part in the adoption of this Decision.

(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 Decision and is not bound by it or subject to its application.

(9)

The EDPS has been consulted on this Decision and the addendum thereto, and issued an opinion on 3 May 2023,