19 Amendments of Emil RADEV related to 2011/0023(COD)
Amendment 161 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’' or 'PNR data' means a record of each passenger’'s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities; PNR data consists of the data fields listed in the Annex and does not contain sensitive data revealing the race, colour, ethnic origin, genetic features, language, religion or belief, political or any other opinion, membership in national minority, property, disability or sexual orientation of the passenger.
Amendment 263 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’'push method’' means the method whereby air carriers automatically transfer the required PNR data into the database of the authority requesting themPassenger Information Unit;
Amendment 301 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ‘'Passenger Information Unit’'. The PIU shall be the sole responsible authority for collecting PNR data from the air carriers, storing them, analysing them, and transmitting the result of the analysis to the competent authorities referred to in Article 5. PIUs shall be also responsible for the exchange of PNR data or the results of the processing thereof between Member States and to Europol in accordance with Article 7. Its staff members may be seconded from competent public authorities.
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 365 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 452 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall not require air carriers to collect or transfer any PNR data other than those specified in Article 2(c) and the Annex. Air carriers shall not be eligible for the accuracy of the PNR data except when they have been negligent in the collection and treatment of the data.
Amendment 536 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 581 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) tThe third country agrees toreceiving the data shall transfer the data to another third country only where it is necessary for the purposes of this Directive as specified in Article 1(2) and only with the express authorisation of the Member Statehen the following conditions are met: (i) the transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties (ii) the receiving authority in the other third country or receiving international body is responsible for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties (iii) the Member State from which the data were obtained has given its consent prior to the transfer (iv) the other third country or international body concerned ensures an adequate level of protection for the intended data processing.
Amendment 647 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
- All forms of payment information, including billing address;
Amendment 648 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 b (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 b (new)
- Frequent flyer information;
Amendment 653 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Article 9 – paragraph 2 – subparagraph 2 – indent 3
– General remarks to the extent that it contains any information which could serve to identify the passenger to whom PNR relate or any other person; and
Amendment 657 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 4 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 4 a (new)
- All historical changes to the PNR listed above
Amendment 687 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 704 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 805 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The assessment of the passengers under this Directive shall not jeopardise the right of entry of persons enjoying the right of free movement into the territory of the Member State concerned as laid down in Directive 2004/38/EC and, where applicable, shall comply with Regulation (EC) No 562/2006.