Activities of Gérard DEPREZ related to 2011/0023(COD)
Plenary speeches (2)
Use of Passenger Name Record data (EU PNR) (A8-0248/2015 - Timothy Kirkhope) FR
Use of Passenger Name Record data (EU PNR) (debate) FR
Amendments (13)
Amendment 58 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVEREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimetransnational crime (If adopted, changes apply throughout the text.)
Amendment 116 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Air carriers, travel agents, and other entities that collect PNR data, already collect and process PNR data from their passengers for their own commercial purposes. This Regulation should not impose any obligation on air carriers, travel agents or other entities that collect PNR data, to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers.
Amendment 129 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) PNR data should be transferred to a single designated unit (Passenger Information Unit) at EU level, so as to ensure clarity and reduce costs to air carriers.
Amendment 146 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Dissuasive, effective and proportionate penalties, including financial ones, should be provided at EU level against those air carriers failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Regulation, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the European Union, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 288 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years: - participation in a criminal organisation, - terrorism, - trafficking in human beings, - sexual exploitation of children and child pornography, - illicit trafficking in narcotic drugs and psychotropic substances, - illicit trafficking in weapons, munitions and explosives, - corruption, - fraud and tax evasion, - laundering of the proceeds of crime, - counterfeiting currency, including of the euro, - computer-related crime, - environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, - murder, grievous bodily injury, - illicit trade in human organs and tissue, - rape - kidnapping, illegal restraint and hostage-taking, - child abduction and child abduction by parents, - organised or armed robbery, - illicit trafficking in cultural goods, including antiques and works of art, - illicit trafficking of mineral ore, - forgery of means of payment, - illicit trafficking in hormonal substances and other growth promoters, - illicit trafficking in nuclear or radioactive materials, - crimes within the jurisdiction of the International Criminal Court, if they are punishable under the national law of athe Member State, and if : with a custodial sentence or a detention order for a maximum period of at least three years, and if;
Amendment 311 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall set up a 'Passenger Information Unit' responsible 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. Its staff members may be seconded from Member States' competent public authorities.
Amendment 314 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The database collecting PNR data from the air carriers should be hosted by the European agency for the operational management of large-scale IT systems in the area of freedom, security and justice.
Amendment 316 #
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The passenger information unit shall appoint a data protection and privacy officer, seconded by a deputy officer, responsible for the monitoring of the processing of PNR data and the implementation of the related safeguards. The data protection and privacy officer shall in particular review on a regular basis the automated processing rules requested by Competent Authorities and formulate recommendations to ensure their compliance with the provisions and safeguards laid down in this Regulation.
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Once the one-stop shop provided for in Article 7 of this Directive is operational, those Member States which so wish may decide that the PNR data which air carriers must forward to their Passenger Information Units should be forwarded directly to the one-stop shop, which shall collate and keep the data in accordance with the conditions laid down in this Directive. Analysis of these data and the forwarding of the results to the competent authorities as referred to in Article 5 shall remain the responsibility of the Passenger Information Unit of the Member State concerned.
Amendment 352 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria and may compare that data with all relevant databases, including data kept by Europol, in conformity with EU law. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 529 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. EThe exchange of information under this Article mayust take place using any existing channels for international law enforcement cooperation. The language used for the request and the exch secure European system for the exchange of PNR data between Member States and between Member States and Europol. The development and operational manage of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications receivedment of this system shall be the responsibility of the European agency for the operational management of large- scale IT systems. A one-stop shop shall be created as part of this system to register and transmit the requests for information exchanges. The European Data Protection Supervisor shall be responsible for monitoring the processing of the personal data performed through this European system for the exchange of PNR data.
Amendment 593 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Applications for third country transfers may be addressed directly to the one-stop shop provided for in Article 7 of this directive.