Under Article 26 of the Directive, personal data may be transferred "to a third country which does not ensure an adequate level of protection within the meaning of Article 25(2)" on the condition that it (1) is necessary to provide the services requested by the consumer or to fulfill the terms of an agreement, such as a "frequent flyer" agreement;

The "safe harbor" created by the Principles and the FAQs, may need to be reviewed in the light of experience, of developments concerning the protection of privacy in circumstances in which technology is constantly making easier the transfer and processing of personal data and in the light of reports on implementation by enforcement authorities involved.

Without prejudice to paragraph 1, a Member State may authorize a transfer or a set of transfers of personal data to a third country which does not ensure an adequate level of protection within the meaning of Article 25 (2), where the controller adduces adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights;

By derogation from the second indent of Article 2 (2) (b), but without prejudice to the other provisions contained in Articles 2 to 5, any person shall on marrying be entitled to exemption from the taxes referred to in Article 1 when importing into the Member State to which he intends to transfer his normal residence personal property which he acquired or which came into his possession less than three months previously, provided that:

WHERE , OWING TO OCCUPATIONAL COMMITMENTS , THE PERSON CONCERNED LEAVES THE THIRD COUNTRY WHERE HE HAD HIS NORMAL PLACE OF RESIDENCE WITHOUT SIMULTANEOUSLY ESTABLISHING HIS NORMAL PLACE OF RESIDENCE IN THE CUSTOMS TERRITORY OF THE COMMUNITY , ALTHOUGH HAVING THE INTENTION OF ULTIMATELY DOING SO , THE COMPETENT AUTHORITIES MAY AUTHORIZE DUTY-FREE ADMISSION OF THE PERSONAL PROPERTY WHICH HE TRANSFERS INTO THE SAID TERRITORY FOR THIS PURPOSE.

WHERE, OWING TO OCCUPATIONAL COMMITMENTS, THE PERSON CONCERNED LEAVES THE COUNTRY SITUATED OUTSIDE THE COMMUNITY WHERE HE HAD HIS NORMAL PLACE OF RESIDENCE WITHOUT SIMULTANEOUSLY ESTABLISHING HIS NORMAL PLACE OF RESIDENCE IN THE TERRITORY OF A MEMBER STATE, ALTHOUGH HAVING THE INTENTION OF ULTIMATELY DOING SO, THE COMPETENT AUTHORITIES MAY AUTHORIZE EXEMPTION IN RESPECT OF THE PERSONAL PROPERTY WHICH HE TRANSFERS INTO THE SAID TERRITORY FOR THIS PURPOSE.

The PFSP should establish the security measures to be applied to ensure that unaccompanied baggage (i.e, any baggage, including personal effects, which is not with the passenger or member of ship's personnel at the point of inspection or search) is identified and subjected to appropriate screening, including searching, before is allowed in the port facility and, depending on the storage arrangements, before it is transferred between the port facility and the ship.

The adequate level of protection for the transfer of data from the Community to the United States recognised by this Decision, should be attained if organisations comply with the safe harbour privacy principles for the protection of personal data transferred from a Member State to the United States (hereinafter "the Principles") and the frequently asked questions (hereinafter "the FAQs") providing guidance for the implementation of the Principles issued by the Government of the United States on 21 July 2000.

For the purposes of Article 25(2) of Directive 95/46/EC, for all the activities falling within the scope of that Directive, the "Safe Harbor Privacy Principles" (hereinafter "the Principles"), as set out in Annex I to this Decision, implemented in accordance with the guidance provided by the frequently asked questions (hereinafter "the FAQs") issued by the US Department of Commerce on 21 July 2000 as set out in Annex II to this Decision are considered to ensure an adequate level of protection for personal data transferred from the Community to organisations established in the United States, having regard to the following documents issued by the US Department of Commerce:

Without prejudice to paragraph 6, the European Data Protection Supervisor may authorise a transfer or a set of transfers of personal data to a third country or international organisation which does not ensure an adequate level of protection within the meaning of paragraphs 1 and 2, where the controller adduces adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights; such safeguards may in particular result from appropriate contractual clauses. 8. The Community institutions and bodies shall inform the European Data Protection Supervisor of categories of cases where they have applied paragraphs 6 and 7.