BETA

Activities of Jan-Christoph OETJEN related to 2022/0425(COD)

Shadow reports (1)

2023/12/07
Committee: LIBE
Dossiers: 2022/0425(COD)
Documents: PDF(399 KB) DOC(173 KB)
Authors: [{'name': 'Assita KANKO', 'mepid': 197469}]

Opinions (1)

2023/07/19
Committee: TRAN
Dossiers: 2022/0425(COD)
Documents: PDF(200 KB) DOC(163 KB)
Authors: [{'name': 'Jan-Christoph OETJEN', 'mepid': 197432}]

Amendments (55)

Jan-Christoph OETJEN

Proposal for a regulation
Recital 6 a (new)

(6a) Given that this Regulation requires additional adjustment and administrative costs by the air carriers, the overall regulatory burden for the aviation sector should be kept under close review. Against this backdrop, the report evaluating the functioning of this Regulation should assess the extent to which the objectives of the Regulation have been met and to which extent it has impacted the competitiveness of the sector. Therefore, the Commission’s report should also refer to the interaction of this Regulation with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008. The report should assess the overall impact of related reporting obligations on air carriers, identifying provisions that may be updated and simplified to mitigate the burden on air carriers, as well as actions and measures that have been or could be taken to reduce the total cost pressure on the aviation sector.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Recital 7

~~(7)~~ In view of the complementary ~~(7)~~ nature of this Regulation in relation to Directive (EU) 2016/681, the obligations of air carriers under this Regulation should apply in respect of all flights for which Member States are to require air carriers to transmit PNR data under Directive (EU) 2016/681, namely flights, including both scheduled and non-scheduled flights, both between Member States and third countries (extra-EU flights), ~~and between several Member States (intra-EU flights) insofar as those flights have been selected in accordance with Directive (EU) 2016/681,~~ irrespective of the place of establishment of the air carriers conducting those flights.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Recital 10

(10) In particular, the items of information that jointly constitute the API data to be collected and subsequently transferred under this Regulation should be those listed clearly and exhaustively in Regulation (EU) API [border management], covering both information relating to each passenger and information on the flight of that traveller. Under this Regulation, such flight information should cover information on the border crossing point of entry into the territory of the Member State concerned ~~only where applicable, that is, not when the API data relate to intra-EU flights~~.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
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, the precise manner in which they are to transfer the collected API data to the router and the deletion of the API data. In order to reduce the impact on air carriers, and with a view to create synergies with other reporting obligations on air carriers in Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008 and avoid duplication, air carriers should transfer the API data at the moment of check-in of each traveller by way of interactive API in accordance with international standards, using the existing carrier gateway. Air carriers should receive an acknowledgement of receipt to the transfer of interactive API, in line with international standards.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Recital 11 a (new)

(11a) In order to enhance data quality, the router should verify whether the API data transferred to it by the air carriers complies with the supported data formats. Where the router has verified that the data is not compliant with the suported data formats, the router should, immediately and in an automated manner, notify the air carrier concerned.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
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.deleted

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Recital 15

(15) In order to enable the application of that selective approach under this Regulation in respect of intra-EU flights, the Member States should be required to draw up and submit to eu-LISA the lists of the flights they selected, so that eu- LISA can ensure that only for those flights API data is transmitted from the router to the relevant PIUs and that the API data on other intra-EU flights is immediately and permanently deleted.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

(16) In order not to endanger the effectiveness of the system that relies on the collection and transfer of API data set up by this Regulation, and of PNR data under the system set up by Directive (EU) 2016/681, for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime, in particular by creating the risk of circumvention, information on which intra-EU flights the Member States selected should be treated in a confidential manner. For that reason, such information should not be shared with the air carriers and they should therefore be required to collect API data on all flights covered by this Regulation, including all intra-EU flights, and then transfer it to the router, where the necessary selection should be enacted. Moreover, by collecting API data on all intra-EU flights, passengers are not made aware on which selected intra-EU flights API data, and hence also PNR data, is transmitted to PIUs in accordance with Member States’ assessment. That approach also ensures that any changes relating to that selection can be implemented swiftly and effectively, without imposing any undue economic and operational burdens on the air carriers.deleted

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) the collection by air carriers of advance passenger information data (‘API data’) on extra EU flights ~~and selected intra EU flights;~~.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point c

(c) the transmission from the router to the Passenger Information Units (‘PIUs’) of the API data on extra-EU ~~flights and selected intra-EU~~ flights.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 3 – paragraph 1 – point c

~~(c) ‘intra-EU flight’ means any flight as defined in Article 3, point (3), of Directive (EU) 2016/681;~~deleted

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 4 – paragraph 7

7. Air carriers shall transfer the API data both at the moment of check-in and immediately after flight closure, that is, once the travellers have boarded the aircraft in preparation for departure and it is no longer possible for travellers to board or to leave the aircraft. At the moment of check-in, air carriers shall transfer the API data by way of interactive API in accordance with international standards. Air carriers shall receive an acknowledgement of receipt to the transfer of interactive API.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 4 – paragraph 7 a (new)

7a. The router shall verify whether the API data transferred to it in accordance with paragraph 6 complies with the detailed rules on the supported data formats. Where the router has verified that the data is not compliant with the detailed rules, the router shall, immediately and in an automated manner, notify the air carrier concerned.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 4 – paragraph 9

9. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Regulation by laying down the necessary detailed rules on the common protocols and supported data formats to be used for the transfers of API data to the router referred to in paragraph 6 including the use of interactive API for the transfer of API data at the moment of check-in.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

The router shall, immediately and in an automated manner, transmit the API data, transferred to it by air carriers pursuant to Article 4, to the PIUs of the Member State on the territory of which the flight will land or from the territory of which the flight will depart~~, or to both in the case of intra- EU-flights~~. Where a flight has one or more stop-overs at the territory of other Member States than the one from which it departed, the router shall transmit the API data to the PIUs of all the Member States concerned.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3

~~However, for intra-EU flights, the router shall only transmit the API data to that PIU in respect of the flights included in the list referred to in paragraph 2.~~deleted

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 2

2. Member States that decide to apply Directive (EU) 2016/681 to intra-EU flights in accordance with Article 2 of that Directive shall each establish a list of the intra-EU flights concerned and shall, by the date of application of this Regulation referred to in Article 21, second subparagraph, provide eu-LISA with that list. Those Member States shall, in accordance with Article 2 of that Directive, regularly review and where necessary update those lists and shall immediately provide eu-LISA with any such updated lists. The information contained on those lists shall be treated confidentially.deleted

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)

(ca) the impact of this Regulation on the competitiveness of the aviation sector and the burden incurred by businesses. The Commission’s report shall also address this Regulation’s interaction with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008, with a view to assess the overall impact of related reporting obligations on air carriers, identify provisions that may be updated and simplified to mitigate the burden on air carriers, and consider actions and measures that could be taken to reduce the total cost pressure on air carriers.

2023/05/31
Committee: TRAN

Jan-Christoph OETJEN

Proposal for a regulation
Recital 6 a (new)

(6a) This Regulation should be subject to regular evaluations to ensure the monitoring of its effective application. In particular, the collection of API data should not be to the detriment of the travel experience of legitimate travellers. Therefore, the Commission should include in its regular evaluation reports on the application of this Regulation an assessment of the impact of this Regulation on the travel experience of legitimate travellers.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 6 b (new)

(6b) Given that this Regulation requires additional adjustment and administrative costs by the air carriers, the overall regulatory burden for the aviation sector should be kept under close review. Against this backdrop, the report evaluating the functioning of this Regulation should assess the extent to which the objectives of the Regulation have been met and to which extent it has impacted the competitiveness of the sector. Therefore, the Commission’s report should also conduct a holistic assessment and refer to the interaction of this Regulation with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008. The report should assess the overall impact of related reporting obligations on air carriers, identifying provisions that may be updated and simplified, where appropriate, to mitigate the burden on air carriers, as well as actions and measures that have been or could be taken to reduce the total cost pressure on the aviation sector.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 7

(7) In view of the complementary nature of this Regulation in relation to Directive (EU) 2016/681, the obligations of air carriers under this Regulation should apply in respect of all flights for which Member States are to require air carriers to transmit PNR data under Directive (EU) 2016/681, namely flights, including both scheduled and non-scheduled flights, both between Member States and third countries (extra-EU flights)~~, and between several Member States (intra-EU flights) insofar as those flights have been selected in accordance with Directive (EU) 2016/681,~~ irrespective of the place of establishment of the air carriers conducting those flights.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 10

(10) In particular, the items of information that jointly constitute the API data to be collected and subsequently transferred under this Regulation should be those listed clearly and exhaustively in Regulation (EU) API [border management], covering both information relating to each passenger and information on the flight of that traveller. Under this Regulation, such flight information should cover information on the border crossing point of entry into the territory of the Member State concerned ~~only where applicable, that is, not when the API data relate to intra-EU flights~~.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
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, the precise manner in which they are to transfer the collected API data to the router ~~and the deletion of the API data.~~ , the encryption of API data in transit, and the deletion of the API data. In order to reduce the impact on air carriers, and with a view to create synergies with other reporting obligations on air carriers in Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008 and avoid duplication, air carriers should transfer the API data at the moment of check-in of each traveller by way of interactive API in accordance with international standards, using the existing carrier gateway. Air carriers should receive an acknowledgement of receipt to the transfer of interactive API, in line with international standards. The use of an interactive API should not lead to an automated denial of boarding.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
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.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 11 b (new)

(11b) In order to enhance data quality, the router should verify whether the API data transferred to it by the air carriers complies with the supported data formats. Where the router has verified that the data is not compliant with the supported data formats, the router should, immediately and in an automated manner, notify the air carrier concerned.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
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.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
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.deleted

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 15

(15) In order to enable the application of that selective approach under this Regulation in respect of intra-EU flights, the Member States should be required to draw up and submit to eu-LISA the lists of the flights they selected, so that eu- LISA can ensure that only for those flights API data is transmitted from the router to the relevant PIUs and that the API data on other intra-EU flights is immediately and permanently deleted.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 16

(16) In order not to endanger the effectiveness of the system that relies on the collection and transfer of API data set up by this Regulation, and of PNR data under the system set up by Directive (EU) 2016/681, for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime, in particular by creating the risk of circumvention, information on which intra-EU flights the Member States selected should be treated in a confidential manner. For that reason, such information should not be shared with the air carriers and they should therefore be required to collect API data on all flights covered by this Regulation, including all intra-EU flights, and then transfer it to the router, where the necessary selection should be enacted. Moreover, by collecting API data on all intra-EU flights, passengers are not made aware on which selected intra-EU flights API data, and hence also PNR data, is transmitted to PIUs in accordance with Member States’ assessment. That approach also ensures that any changes relating to that selection can be implemented swiftly and effectively, without imposing any undue economic and operational burdens on the air carriers.deleted

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

(16a) This Regulation precludes the collection and transfer of API data on intra-EU flights for the purpose of combating illegal immigration, in accordance with Union law and case law of the Court of Justice of the European Union.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 19

(19) In view of the Union interests at stake, appropriate costs incurred by the Member States in relation to their connections to, and integration with, the router, as required under this Regulation, should be borne by the Union budget, in accordance with the applicable legislation and subject to certain exceptions. The costs covered by those exceptions should be borne by each Member State concerned itself. The Union budget should also cover the support, such as training, by eu-LISA to air carriers and PIUs to enable effective transfer and transmission of API data through the router.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
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.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 26 a (new)

(26a) 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.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Recital 26 b (new)

(26b) For the storage of reports and statistics of the router on the Common Repository for Reporting and Statistics, it is necessary to amend Regulation (EU) 2019/817 of the European Parliament and of the Council1a. The Common Repository for Reporting and Statistics should only provide statistics based on API data for the implementation and effective supervision of this Regulation. _________________ 1a Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) the collection by air carriers of advance passenger information data (‘API data’) on extra EU flights ~~and selected intra EU flights;~~.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point c

(c) the transmission from the router to the Passenger Information Units (‘PIUs’) of the API data on extra-EU ~~flights and selected intra-EU~~ flights.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 2 – paragraph 1

This Regulation applies to air carriers conducting scheduled or non-scheduled extra-EU ~~flights or intra-EU~~ flights.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 3 – paragraph 1 – point c

~~(c) ‘intra-EU flight’ means any flight as defined in Article 3, point (3), of Directive (EU) 2016/681;~~deleted

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 3 – paragraph 1 – point h

(h) ‘traveller’ means any person as defined in Article 3, point (ij), of Regulation (EU) [API border management];

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 3 – paragraph 1 – point n

(n) ‘the router’ means the router as defined in Article 3, point (km) of Regulation (EU) [API border management];

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
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 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 to in paragraph 5, where such rules have been adopted and are applicable.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 4 – paragraph 7

7. Air carriers shall transfer the API data both at the moment of check-in and immediately after flight closure, that is, once the travellers have boarded the aircraft in preparation for departure and it is no longer possible for travellers to board or to leave the aircraft. At the moment of check-in, air carriers shall transfer the API data by way of interactive API in accordance with international standards. Air carriers shall receive an acknowledgement of receipt to the transfer of interactive API, as applicable, depending on the flight in scope.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 4 – paragraph 7 a (new)

7a. The router shall verify whether the API data transferred to it in accordance with paragraph 6 complies with the detailed rules on the supported data formats. Where the router has verified that the data is not compliant with the detailed rules, the router shall, immediately and in an automated manner, notify the air carrier concerned.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 4 – paragraph 9

9. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Regulation by laying down the necessary detailed rules on the common protocols and supported data formats to be used for the transfers of API data to the router referred to in paragraph 6 including the use of interactive API for the transfer of API data at the moment of check-in.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

The router shall, immediately and in an automated manner, transmit the API data, transferred to it by air carriers pursuant to Article 4, to the PIUs of the Member State on the territory of which the flight will land or from the territory of which the flight will depart~~, or to both in the case of intra- EU-flights~~. Where a flight has one or more stop-overs at the territory of other Member States than the one from which it departed, the router shall transmit the API data to the PIUs of all the Member States concerned.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3

~~However, for intra-EU flights, the router shall only transmit the API data to that PIU in respect of the flights included in the list referred to in paragraph 2.~~deleted

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 2

2. Member States that decide to apply Directive (EU) 2016/681 to intra-EU flights in accordance with Article 2 of that Directive shall each establish a list of the intra-EU flights concerned and shall, by the date of application of this Regulation referred to in Article 21, second subparagraph, provide eu-LISA with that list. Those Member States shall, in accordance with Article 2 of that Directive, regularly review and where necessary update those lists and shall immediately provide eu-LISA with any such updated lists. The information contained on those lists shall be treated confidentially.deleted

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2

However, if those logs are needed for procedures for monitoring or ensuring the security and integrity of the API data or the lawfulness of the processing operations, as referred to in paragraph 2, and those procedures have already begun at the moment of the expiry of the time period referred to in the first subparagraph, air carriers may keep those logs for as long as necessary for those procedures after informing and justifying it to the Commission. In that case, they shall immediately delete those logs when they are no longer necessary for those procedures.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 11 a (new)

Article11a eu-LISA's support tasks relating to the router eu-LISA shall, upon their request, provide support to competent border authorities, PIUs and other relevant Member States’ authorities and air carriers on the connection and integration to the router.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 16 – paragraph 2 a (new)

Member States shall ensure that a systematic or persistent failure to comply with the obligations set in this Regulation is subject to financial penalties of up to EUR 10 million, notwithstanding the Member States’ right to impose non- financial penalties in addition.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 16 a (new)

Article16a Statistics 1. For the implementation and supervision of this Regulation, every quarter, eu-LISA shall publish statistics on the functioning of the router and on compliance by air carriers with the obligations set out in this Regulation, showing in particular the number of passengers on which API data is transmitted, number of flights for which API data is transmitted, flights on which API data is not transmitted, number of API messages transmitted on time to competent border authorities, and specifically of the travellers who boarded the aircraft with inaccurate, incomplete or no longer up-to-date API data, the number and nationality of travellers. 2. eu-LISA shall store the daily statistics in the central repository for reporting and statistics established in Article 39 of Regulation (EU) 2019/818. 3. At the end of each year, eu-LISA shall compile statistical data in an annual report for that year. It shall publish that annual report and transmit it to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, and the national supervisory authorities referred to in Article 15. 4. At the request of the Commission, eu- LISA shall provide it with statistics on specific aspects related to the implementation of this Regulation and Regulation (EU) [Border management] as well as the statistics pursuant to paragraph 3. 5. The central repository for reporting and statistics shall provide eu-LISA with statistics on API solely for the reporting referred to in Article 38 and for generating statistics in accordance with the present Article, without however such statistics on API allowing for the identification of the passengers concerned: (a) whether the passenger is passenger or a crew member; (b) the nationality, sex and year of birth of the traveller; (c) the date and initial point of embarkation, and the date and airport of entry into the territory of a Member State arrival; (d) the type of the travel document and the three letter code of the issuing country and the date of expiry of the travel document; (e) the number of passengers checked-in on the same flight; (f) whether the flight is a scheduled or a non-scheduled flight; (g) whether the personal data of the passenger is accurate, complete and up- to-date. 6. For the the purposes of the reporting referred to in Article 20 and for generating statistics in accordance with the present Article, eu-LISA shall store the data referred to in paragraph 5 of this Article in the central repository for reporting and statistics established by Article 39 of Regulation (EU) 2019/818. The central repository for reporting and statistics shall provide duly authorised staff of the PIUs and other relevant authorities of the Member States with customisable reports and statistics on API as referred to in paragraph 5, for the implementation and supervision of this Regulation. 7. The procedures put in place by eu- LISA to monitor the development and the functioning of the router referred to in Article 39(1) of Regulation (EU) 2019/818 shall include the possibility to produce regular statistics to ensure that monitoring.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 20 – paragraph 1 – introductory part

1. By [four years after the date of entry into force of this Regulation], and every four years thereafter, the Commission shall produce a report containing an overall evaluation of this Regulation, , demonstrating the necessity and added value of the collection of API data, including an assessment of:

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)

(ca) the impact of this Regulation on the travel experience of legitimate travellers;

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 20 – paragraph 1 – point c b (new)

(cb) the impact of this Regulation on the competitiveness of the aviation sector and the burden incurred by businesses. The Commission’s report shall also address this Regulation’s interaction with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008, with a view to assess the overall impact of related reporting obligations on air carriers, identify provisions that may be updated and simplified, where appropriate, to mitigate the burden on air carriers, and consider actions and measures that could be taken to reduce the total cost pressure on air carriers.

2023/09/06
Committee: LIBE

Jan-Christoph OETJEN

Proposal for a regulation
Article 20 – paragraph 2

2. The Member States and air carriers shall, upon request, provide the Commission with the information necessary to draft the report referred to in paragraph 1. In particular, Member States shall provide quantitative and qualitative information on the necessity and added value of the collection of API data from an operational perspective. However, Member States may refrain from providing such information if, and to the extent, necessary not to disclose confidential working methods or jeopardise ongoing investigations of their PIUs or other law enforcement authorities. The Commission shall ensure that any confidential information provided is appropriately protected.

2023/09/06
Committee: LIBE