1. 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 a designated authority to a Member State which does not yet operate the EES and to a Member State to which this Regulation does not apply, in individual cases, only where all of the following conditions are met:
(a)
there is an exceptional case of urgency where there is:
(i)
an imminent danger associated with a terrorist offence; or
(ii)
a serious criminal offence;
(b)
the transfer of data is necessary for the prevention, detection or investigation of such a terrorist offence or serious criminal offence;
(c)
the designated authority has access to such data in accordance with the procedure and the conditions set out in Articles 31 and 32;
(d)
Directive (EU) 2016/680 applies;
(e)
a duly motivated written or electronic request has been submitted; and
(f)
the reciprocal provision of any information on entry/exit records held by the requesting Member State 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.
2. Where data is provided pursuant to this Article, the same conditions as provided for in Article 43(1), Article 45(1) and (3), Article 48 and Article 58(4) shall apply mutatis mutandis.