6.

By way of derogation from paragraph 5 of this Article, the data referred to in points (a), (b) and (c) of Article 16(1), points (a) and (b) of Article 16(2), points (a) and (b) of Article 16(3) and point (a) of Article 17(1) may be transferred by the designated authority to a third country in individual cases, only where all of the following conditions are met: there is an exceptional case of urgency where there is: an imminent danger associated with a terrorist offence; or an imminent danger to the life of a person and that danger is associated with a serious criminal offence; the transfer of data is necessary for the prevention, detection or investigation in the territory of the Member States or in the third country concerned of such a terrorist offence or serious criminal offence; the designated authority has access to such data in accordance with the procedure and the conditions set out in Articles 31 and 32; the transfer is carried out in accordance with the applicable conditions set out in Directive (EU) 2016/680, in particular Chapter V thereof; a duly motivated written or electronic request from the third country has been submitted; and the reciprocal provision of any information on entry/exit records held by the requesting third country to the Member States operating the EES is ensured. Where a transfer is made pursuant to the first subparagraph of this paragraph, such a transfer shall be documented and the documentation shall, on request, be made available to the supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, including the date and time of the transfer, information about the receiving competent authority, the justification for the transfer and the personal data transferred.

← art_41__para_5__text_1 · All articles · art_41__para_6__text_1 →

Source: EUR-Lex (Cellar) · retrieved 2026-11-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.