PARLIAMENT V. COUNCIL (PNR)

Transfers: Where the transfers of personal data are authorized under an agreement that was adopted ultra vires, the authorization is void.

Article 95 EC, read in conjunction with Article 25 of the Directive, cannot justify Community competence to conclude the Agreement.

The Agreement relates to the same transfer of data as the decision on adequacy and therefore to data processing operations which, as has been stated above, are excluded from the scope of the Directive.

Consequently, Decision 2004/496 cannot have been validly adopted on the basis of Article 95 EC.

That decision must therefore be annulled and it is not necessary to consider the other pleas relied upon by the Parliament.