L 85/8 Official Journal of the European Union 31.3.2011 DECISIONS COMMISSION DECISION of 29 March 2011 pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council on the adequate level of protection provided by Japan for personal data transferred from the European Union in the specific cases of transfer by the European Commission to Japanese customs authorities under Decision No 1/2010 of the Joint Customs Cooperation Committee pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters regarding mutual recognition of authorised economic operator programmes in the European Union and in Japan and for the exclusive and specific purposes of Decision No 1/2010 of the Joint Customs Cooperation Committee (2011/197/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(!), and in particular Article 9(1) and (2) thereof, After consulting the European Data Protection Supervisor, Whereas: On 24 June 2010 the Joint Customs Cooperation Committee, set up pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on cooperation and mutual admin- istrative assistance in customs matters (%) adopted Decision No 1/2010 regarding mutual recognition of authorised economic operators programmes in the European Union and in Japan (}), (hereafter, JCCC Decision No 1/2010°). JCCC Decision No 1/2010 provides in Section IV for an exchange of information between customs authorities as defined in Article 1(c) of the Agreement between the European Community and the Government of Japan on , 12.1.2001, p. 1. O LS8 0] L 62, 6.3.2008, p. 24. o L2 79, 23.10.2010, p. 71. cooperation and mutual administrative assistance in customs matters. According to that definition, the Japanese Ministry of Finance and the competent services of the Commission are deemed to be a customs authority. The information to be exchanged between the Japanese Ministry of Finance and the competent services of the Commission comprises of details on economic operators, which may also contain personal data. The transfer of data of economic operators falls within the tasks of the Commission to be carried out under JCCC Decision No 1/2010. Personal data to be exchanged are listed in Section IV(4)(a) to (f) of JCCC Decision No 1/2010. The duration of the transfers is for the whole period of time for which the Japanese Ministry of Finance uses the information in order to grant to European economic operators benefits under the terms of JCCC Decision No 1/2010. The Commission will regularly transfer updated and modified data of European economic operators to the Japanese Ministry of Finance. With regard to the exchange of information, Section IV(6) of JCCC Decision No 1/2010 restricts the use of any such data to the purposes of implementing the mutual recognition of authorised economic operator programmes between the European Union and Japan as established by that decision. The Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters also ensures that any such information, including personal data, is used by the Japanese Ministry of Finance solely for the purposes of their recognition as authorised economic operators in Japan. Authorised economic operator (AEO) data may not be transferred onward by the recipient authority to other authorities or services in or outside Japan because this would amount to a change of purpose not covered by JCCC Decision No 1/2010.