Activities of Josianne CUTAJAR related to 2022/0425(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818
Amendments (11)
Amendment 14 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a consistent approach on the collection and transfer of API data by air carriers as much as possible, the rules set out in this Regulation should be aligned with those set out in the Regulation (EU) [API border management] where appropriate. That concerns, in particular, the rules on data quality, the air carriers’ use of automated means for such collection, where technically and operationally feasible, the precise manner in which they are to transfer the collected API data to the router and the deletion of the API data.
Amendment 15 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The automatic data collection systems and other processes established under this Regulation should not negatively impact the employees in the aviation industry, who should benefit from upskilling and reskilling opportunities that would increase the efficiency and reliability of data collection and transfer as well as the working conditions in the sector.
Amendment 17 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) With a view to guaranteeing the fulfilment of the rights provided for under the Charter of Fundamental Rights and to ensuring accessible and inclusive travel options, especially for vulnerable groups and persons with disabilities, air carriers, supported by the Member States, shall ensure that an offline alternative for the check-in and for the provision of the necessary data by the passengers is possible at all times.
Amendment 19 #
Proposal for a regulation
Recital 14
Recital 14
(14) As regards intra-EU flights, in line with the case law of the Court of Justice of the European Union (CJEU), in order to avoid unduly interfering with the relevant fundamental rights protected under the Charter and to ensure compliance with the requirements of Union law on the free movement of persons and the abolition of internal border controls, a selective approach should be provided for. In view of the importance of ensuring that API data can be processed together with PNR data, that approach should be aligned with that of Directive (EU) 2016/681. For those reasons, API data on those flights should only be transmitted from the router to the relevant PIUs, where the Member States have selected the flights concerned in application of Article 2 of Directive (EU) 2016/681. As recalled by the CJEU, the selection entails Member States targeting the obligations in question only at, inter alia, certain routes, travel patterns or airports, subject to the regular review of that selection. In this regard, and in order to avoid divergent practices in the Member States, the Commission shall be empowered to adopt guidelines to facilitate the development of uniform criteria and methodology for the selection of the concerned intra-EU flights.
Amendment 22 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) When providing for the penalties applicable to air carriers under this Regulation, Member States shall take into account the technical, operational and economic feasibility of ensuring complete data accuracy. Additionally, when fines are imposed, their application and value shall be established taking into consideration the actions undertaken by the air carrier to mitigate the issue as well as its repeated failure to cooperate with national authorities.
Amendment 23 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) When monitoring and evaluating the effective implementation of this Regulation to the benefit of authorities, travellers and air carriers, the Commission shall conduct a holistic assessment of the present Act in relation to other regulations that impact the flow of travellers' data. In this regard, the Commission shall also consider the harmonisation of the channels of transmission of the data air carriers are required to collect and transfer.
Amendment 24 #
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) With a view to ensuring increased data quality and accuracy, the setting up of travel document validation systems, able to automatically verify carrier- submitted passenger data, should be considered.
Amendment 25 #
Proposal for a regulation
Recital 26 c (new)
Recital 26 c (new)
(26c) The EU should evaluate the possibility to include other modes of transport within the scope of this Regulation, while taking into account the particularities, business models and ticket purchase practices thereof.
Amendment 29 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Air carriers shall collect the API data referred to Article 4(2), points (a) to (d), of Regulation (EU) [API border management] using, where technically and operationally feasible, automated means to collect the machine-readable data of the travel document of the traveller concerned. They shall do so in accordance with the detailed technical requirements and operational rules referred paragraph 5, where such rules have been adopted and are applicable.
Amendment 30 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
However, where such use of automated means is not possible due to the travel document not containing machine-readable data or due to other technical and operational barriers, air carriers shall collect that data manually, in such a manner as to ensure compliance with paragraph 2.
Amendment 39 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. The report provided for under paragraph 1 of this Article shall also encompass an assessement of the possibility to include other modes of transport within the scope of this Regulation, while taking into account the particularities, business models and ticket purchase practices thereof.