Activities of Tineke STRIK related to 2022/0424(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information (API) for enhancing and facilitating external border controls, amending Regulation (EU) 2019/817 and Regulation (EU) 2018/1726, and repealing Council Directive 2004/82/EC
Amendments (66)
Amendment 69 #
Proposal for a regulation
Recital 1
Recital 1
(1) The carrying-out of checks of persons at the external borders significantly contributes to guaranteeing the long-term security of the Union, Member States and its citizens and, as such, remains an important safeguard, especially in the area without internal border control (‘the Schengen area’). Efficient and effective external border controls,Border checks should be carried out in accordance withing to, in particular, Regulation (EU) 2016/399 of the European Parliament and of the Council32 where applicable, help combating illegal immigration and prevent threats to the Member States’ internal security, public policy, public health and international relatin such a way as to fully respect human dignity and in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Unions . _________________ 32 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 70 #
Proposal for a regulation
Recital 2
Recital 2
(2) The use of travellpassenger data and flight information transferred ahead of the arrival of travellpassengers, known as advance passenger information (‘API’) data, contributes to speeding up the process of carrying out the required checks during the border-crossing process. For the purposes of this Regulation that process concerns, more specifically, the crossing of borders between a third country or a Member State not participating in this Regulation, on the one hand, and a Member State participating in this Regulation, on the other hand. Such use strengthens checks at those external borders by providing sufficient time to enable detailed and comprehensive checks to be carried out on all travellpassengers, without having a disproportionate negative effect on persons travelling in good faith. Therefore, in the interest of the effectiveness and efficiency of checks at external borders, an appropriate legal framework should be provided for to ensure that Member States’ competent border authorities at such external border crossing points have access to API data prior to the arrival of travellpassengers.
Amendment 73 #
Proposal for a regulation
Recital 4
Recital 4
(4) The existing legal framework should therefore be updated and replaced to ensure that the rules regarding the collection and transfer of API data for the purpose of enhancing and facilitating the effectiveness and efficiency of border checks at external borders and for combating illegal immigration are clear, harmonised and effective.
Amendment 78 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) For transit passengers whose initial point of departure and final destination are outside of the territory of the Member States participating in this Regulation, and who therefore will not cross the external borders, air carriers should not be under the obligation to transfer API data.
Amendment 82 #
Proposal for a regulation
Recital 8
Recital 8
(8) In the interest of effectiveness and legal certainty, the items of information that jointly constitute the API data to be collected and subsequently transferred under this Regulation should be listed clearly and exhaustively, covering both information relating to each travellpassenger and information on the flight of that travellpassenger. Such flight information should cover information on the border crossing point of entry into the territory of the Member State concerned in all cases covered by this Regulation, but that information should be collected only where applicable under Regulation (EU) [API law enforcement], that is, not when the API data relate to intra-EU flights.
Amendment 85 #
Proposal for a regulation
Recital 10
Recital 10
(10) Automated means enable travellpassengers to provide certain API data themselves during an online check-in process. Such means could, for example, include a secure app on a travellpassengers’ smartphone, computer or webcam with the capability to read the machine-readable data of the travel document. Where the travellpassengers did not check-in online, air carriers should in practice provide them with the possibility to provide the machine- readable API data concerned during check- in at the airport with the assistance of a self-service kiosk or of airline staff at the counter.
Amendment 93 #
Proposal for a regulation
Recital 13
Recital 13
(13) In view of ensuring that the pre- checks carried out in advance by competent border authorities are effective and efficient, the API data transferred to those authorities should contain data of travellpassengers that are effectively set to cross the external borders, that is, of travellpassengers that are effectively on board of the aircraft. Therefore, the air carriers should transfer API data directly after flight closure. Moreover, API data helps the competent border authorities to distinguish legitimate travellpassengers from travellpassengers who may be of interest and therefore may require additional verifications, which would necessitate further coordination and preparation of follow-up measures to be taken upon arrival. That could occur, for example, in cases of unexpected number of travellpassengers of interest whose physical checks at the borders could adversely affect the border checks and waiting times at the borders of other legitimate travellpassengers. To provide the competent border authorities with an opportunity to prepare adequate and proportionate measures at the border, such as temporarily reinforcing or reaffecting staff, particularly for flights where the time between the flight closure and the arrival at the external borders is insufficient to allow the competent border authorities to prepare the most appropriate response, API data should also be transmitted prior to boarding, at the moment of check-in of each travellpassenger.
Amendment 96 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to avoid any risk of misuse and in line with the principle of purpose limitation, the competent border authorities should be expressly precluded from processing the API data that they receive under this Regulation for any other purpose than enhancing and facilitating the effectiveness and efficiency of border checks at external borders and combating illegal immigrthose expressly provided for in this Regulation.
Amendment 99 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure that competent border authorities have sufficient time to carry out pre-checks effectively on all travellers, including travellers on long-haul flights and those travelling on connecting flightpassengers, as well as sufficient time to ensure that the API data collected and transferred by the air carriers is complete, accurate and up-to- date, and where necessary to request additional clarifications, corrections or completions from the air carriers, the competent border authorities should store the API data that they received under this Regulation for a fixed time period that remains limited to what is strictly necessary for those purposes. Similarly, to be able to respond to such requests, air carriers should store the API data that they transferred under this Regulation for the same fixed and strictly necessary time period.
Amendment 106 #
Proposal for a regulation
Recital 19
Recital 19
(19) The router should serve only to facilitate the transmission of API data from the air carriers to the competent border authorities in accordance with this Regulation and to PIUs in accordance with Regulation (EU) [API law enforcement], and should not be a repository of API data. Therefore, and in order to minimise any risk of unauthorised access or other misuse and in accordance with the principle of data minimisation, any storage of the API data on the router should remain limited to what is strictly necessary for technical purposes related to the transmission and the API data should be deleted from the router, immediately, permanently and in an automated manner, from the moment that the transmission has been completed or, where relevant under Regulation (EU) [API law enforcement], the API data is not to be transmitted at all.
Amendment 109 #
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring the proper functioning of the transmission of API data from router, the Commission should be empowered to lay down detailed technical and procedural rules on that transmission. Those rules should be such as to ensure that the transmission is secure, effective and swift and impacts passengers’ travel and rights and air carriers no more than necessary.
Amendment 115 #
Proposal for a regulation
Recital 26
Recital 26
(26) In particular, the purposes of the processing operations under this Regulation, namely the transmission of API data from air carriers via the router to the competent border authorities of the Member States, are to assist those authorities in the performance of their border management obligations and tasks related to combating illegal immigration. Therefore, the competent border authorities receiving the API data should be controllers for the transmission of API data constituting personal data via router and the storage of that data on the router insofar as such storage is needed for technical purposes, and for any of their processing subsequently using that data to enhance and facilitate border checks at external borders. The air carriers, in turn, should be separate controllers regarding the processing of API data constituting personal data that they are obliged to undertake under this Regulation. On this basis, both the air carriers and the competent border authorities should be separate data controllers with regard to their own respective processing of API data under this Regulation.
Amendment 116 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Taking into account the right of passengers to be informed of the processing of their personal data, Member States should ensure that passengers are provided with accurate information that is easily accessible and easy to understand about the collection of API data, their transfer to the competent authorities or the PIU and their rights as data subjects.
Amendment 122 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 123 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) This Regulation should preclude any extension of its provisions at national level to cover intra-EU flights or to other modes of transport carrying passengers within the European Union departing from, going to or transiting through a Member State, in particular the obligation to provide API data, since any of these measures would be considered as equivalent to the exercise of border checks, hence contrary to the EU law.
Amendment 124 #
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objectives of this Regulation, namely enhancing and facilitating the effectiveness and efficiency of border checks at external borders and combating illegal immigration, relate to matters that are inherently of a cross- border nature, they cannot be sufficiently achieved by the Member States individually, but can rather be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
For the purposes of enhancing and facilitating the effectiveness and efficiency of border checks at external borders and of combating illegal immigration, this Regulation lays down the rules on:
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation is without prejudice to Regulation (EU) 2016/679 [GDPR], Regulation (EU) 2018/1725 [EUDPR] and Directive (EU) 2016/680 [LED].
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This Regulation does not apply to transit or connecting flights which will not entail an entry check at the external borders of the Union.
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘scheduled flight’ means a commercial flight that operates according to a fixed timetable, for which tickets can be purchased by the general public;
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘non-scheduled flight’ means a commercial flight that does not operate according to a fixed timetable and that is not necessarily part of a regular or scheduled route;
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘Advance Passenger Information data’ or ‘API data’ means the travellpassenger data and the flight information referred to in Article 4(2) and (3) respectively;
Amendment 153 #
1. Air carriers shall collect API data of travellpassengers, consisting of the travellpassenger data and the flight information specified in paragraphs 2 and 3 of this Article, respectively, on the flights referred to in Article 2, for the purpose of transferring that API data to the router in accordance with Article 6.
Amendment 155 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The API data shall consist of the following travellpassenger data relating to each travellpassenger on the flight:
Amendment 156 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 159 #
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) the seating information, such as the number of the seat in the aircraft assigned to a passenger, where the air carrier collects such information;
Amendment 160 #
Proposal for a regulation
Article 4 – paragraph 2 – point h
Article 4 – paragraph 2 – point h
(h) baggage information, such asthe number of checked bags, where the air carrier collects such information.
Amendment 161 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The API data shall also consist of the following flight information relating to the flight of each travellpassenger:
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Air carriers shall collect the API data referred to Article 4(2), points (a) to (d), using automated means to collect the machine-readable data of the travel document of the travellpassenger concerned. They shall do so in accordance with the detailed technical requirements and operational rules referred to in paragraph 4, wheronce such rules have been adopted and are applicable.
Amendment 171 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Air carriers shall transfer the encrypted API data to the router by electronic means. They shall do so in accordance with the detailed rules referred to in paragraph 3, wheronce such rules have been adopted and are applicable.
Amendment 178 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The competent border authorities shall process API data, transferred to them in accordance with this Regulation, solely for the purposes of carrying out border checks, as referred to in Article 1.
Amendment 179 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
The competent border authorities shall under no circumstances process API data for the purposes of profiling.
Amendment 183 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Air carriers shall store, for a time period of 248 hours from the moment of departure of the flight, the API data relating to that passenger that they collected pursuant to Article 4. They shall immediately and permanently delete that API data after the expiry of that time period.
Amendment 188 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The competent border authorities shall store, for a time period of 248 hours from the moment of departure of the flight, the API data relating to that passenger that they received through the router pursuant to Article 11. They shall immediately and permanently delete that API data after the expiry of that time period.
Amendment 190 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where an air carrier or competent border authority becomes aware that the data that it has collected, transferred or received under to this Regulation is inaccurate, incomplete, or no longer up-to- date or was processed unlawfully, or that the data does not constitute API data, it shall immediately either correct, complete or update, or permanently delete, that API data. This is without prejudice to the possibility for air carriers to retain and use the data where necessary for the normal course of their business in compliance with the applicable law.
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Where an air carrier or competent border authority becomes aware that the data that it has collected, transferred or received under this Regulation was processed unlawfully or that the data does not constitute API data, it shall immediately and permanently delete that API data.
Amendment 192 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 202 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Without prejudice to Article 10 of this Regulation, the router shall, to the extent technically possible, share and re- use the technical components, including hardware and software components, of the web service referred to in Article 13 of Regulation (EU) 2017/2226 of the European Parliament and of the Council48 , the carrier gateway referred to in Article 6(2), point (k), of Regulation (EU) 2018/1240, and the carrier gateway referred to in Article 2a, point (h), of Regulation (EC) 767/2008 of the European Parliament and of the Council49 . _________________ 48 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20). 49 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Amendment 207 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The router shall only be used by air carriers to transfer encrypted API data and by competent border authorities and PIUs to receive encrypted API data, in accordance with this Regulation and Regulation (EU) [API law enforcement], respectively.
Amendment 211 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The router shall, immediately and in an automated manner, transmit the API data, transferred to it pursuant to Article 6, to the competent border authorities of the Member State referred to in Article 4(3), point (c). It shall do so in accordance with the detailed rules referred to in paragraph 4 of this Article, wheronce such rules have been adopted and are applicable.
Amendment 215 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Member States shall ensure that only the duly authorised staff of the competent border authorities, designated in accordance with paragraph 2, have access to the API data transmitted to them through the router. They shall lay down the necessary rules to that effect. Those rules shall include rules on the creation and regular update of a list of those staff and their profiles.
Amendment 219 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
API data, transferred to the router pursuant to this Regulation and Regulation (EU) [API law enforcement], shall be stored on the router only insofar as necessary to complete the transmission to the relevant competent borders authorities or PIUs, as applicable, in accordance with those Regulations and shall be deleted from the router, immediately, permanently and in an automated manner, in both of the following situations: where the transmission of the API data to the relevant competent border authorities or PIUs, as applicable, has been completed.
Amendment 221 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 227 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 245 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. eu-LISA shall ensure the security and encryption of the API data, in particular API data constituting personal data, that it processes pursuant to this Regulation and Regulation (EU) [API law enforcement]. The competent border authorities and the air carriers shall ensure the security of the API data, in particular API data constituting personal data, that they process pursuant to this Regulation. eu-LISA, the competent border authorities and the air carriers shall cooperate, in accordance with their respective responsibilities and in compliance with Union law, with each other to ensure such security.
Amendment 254 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. eu-LISA shall ensure that the router is designed and developed in such a manner that the router provides the functionalities specified in this Regulation and Regulation (EU) [API law enforcement], and that the router starts operations as soon as possible after the adoption by the Commission of the delegated acts provided for in Article 5(4), Article 6(3), Article 11(4), Article 20(2) and Article 21(2) and after the carrying out of a data protection impact assessment in accordance with Article 35 of Regulation (EU) 2016/679 .
Amendment 265 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Voluntary use of the router in application of Directive 2004/812/EC
Amendment 266 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Member States shall, by the date of application of this Regulation referred to in Article 2139, second subparagraph, notify the Commission of the name and the contact details of the authorities that they designated under paragraph 1 and of the detailed rules that they laid down pursuant to paragraph 2. They shall notify the Commission without delay of any subsequent changes or amendments thereto.
Amendment 270 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Every quarter, eu-LISA shall publish statistics on the functioning of the router, showing in particular the number, the nationality and the country of departure of the travellers, and specifically of the travellers who boarded the aircraft with inaccurate, incomplete or no longer up- to-date API data, with a non-recognised travel document, without a valid visa, without a valid travel authorizpassengers. These statistics shall not allow for the identification, or reported as overstay, the number and nationality of travellerf individuals.
Amendment 273 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 276 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
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) [API Law enforcement] as well as the statistics pursuant to paragraph 3for the purpose of producing the report referred to in Article 38(4) of this Regulation and Article 20(1)(d) of Regulation (EU) [API Law enforcement] .
Amendment 279 #
Proposal for a regulation
Article 31 – paragraph 5 – introductory part
Article 31 – paragraph 5 – introductory part
5. eu-LISA shall have the right to access the following API data transmitted through to the router, solely for the purposes of the reporting referred to in Article 38 and for generating statistics in accordance with the present Article, without however such access allowing for the identification of the travellpassengers concerned:
Amendment 281 #
Proposal for a regulation
Article 31 – paragraph 5 – point a
Article 31 – paragraph 5 – point a
Amendment 282 #
Proposal for a regulation
Article 31 – paragraph 5 – point b
Article 31 – paragraph 5 – point b
(b) the nationality, sex and year of birth of the travellpassengers;
Amendment 284 #
Proposal for a regulation
Article 31 – paragraph 5 – point c
Article 31 – paragraph 5 – point c
(c) the date and initial point of embarkation, and the date and airport of entry into the territory of a Member State arrival;
Amendment 285 #
Proposal for a regulation
Article 31 – paragraph 5 – point d
Article 31 – paragraph 5 – point d
(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;
Amendment 286 #
Proposal for a regulation
Article 31 – paragraph 5 – point e
Article 31 – paragraph 5 – point e
(e) the number of travellpassengers checked- in on the same flight;
Amendment 287 #
Proposal for a regulation
Article 31 – paragraph 5 – point g
Article 31 – paragraph 5 – point g
Amendment 289 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 294 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 295 #
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. The use of statistical data referred to in this Article for risk analysis, profiling or predictive risk assessment shall be prohibited.
Amendment 297 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission shall, in close cooperation with the competent border authorities, other relevant Member States’ authorities, the air carriers and relevant Union agencies, in particular the European Data Protection Supervisor and the Fundamental Rights Agency, prepare and make publicly available a practical handbook, containing guidelines, recommendations and best practices for the implementation of this Regulation.
Amendment 299 #
Proposal for a regulation
Article 34 – paragraph 1 – point 3 – point b
Article 34 – paragraph 1 – point 3 – point b
Regulation (EU) 2018/1726
Article 19 – paragraph 1 – point ff – indent 6
Article 19 – paragraph 1 – point ff – indent 6
(6) the interoperability components pursuant to Article 78(3) of Regulation (EU) 2019/817, Article 74(3) of Regulation (EU) 2019/818 and of the router pursuant to Article 79(5) of Regulation (EU) …/… of the European Parliament and of the Council* [Prüm II Regulation] and Article 38(5) of Regulation (EU) …/… of the European Parliament and of the Council* [this Regulation];
Amendment 301 #
Proposal for a regulation
Article 35
Article 35
Regulation (EU) 2019/817
Article 39 – paragraphs 1 and 2
Article 39 – paragraphs 1 and 2
Amendments to Regulation (EU) ___________ (1) In Article 39, paragraphs 1 and 2 are replaced by the following: ‘1. A central repository for reporting and statistics (CRRS) is established for the purposes of supporting the objectives of the EES, VIS, ETIAS and SIS, in accordance with the respective legal instruments governing those systems, and to provide cross-system statistical data and analytical reporting for policy, operational and data quality purposes. The CRRS shall also support the objectives of Regulation (EU) …/… of the European Parliament and of the Council* [this Regulation].” * Regulation (EU) [number] of the European Parliament and of the Council of xy on [officially adopted title] (OJ L …)” 2. eu-LISA shall establish, implement and host in its technical sites the CRRS containing the data and statistics referred to in Article 63 of Regulation (EU) 2017/2226, Article 17 of Regulation (EC) No 767/2008, Article 84 of Regulation (EU) 2018/1240, Article 60 of Regulation (EU) 2018/1861 and Article 16 of Regulation (EU) 2018/1860, logically separated by EU information system. eu- LISA shall also collect the data and statistics from the router referred to in Article 31(1) of Regulation (EU) …/… * [this Regulation]. Access to the CRRS shall be granted by means of controlled, secured access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in Article 63 of Regulation (EU) 2017/2226, Article 17 of Regulation (EC) No 767/2008, Article 84 of Regulation (EU) 2018/1240, Article 60 of Regulation (EU) 2018/1861 and Article 38(2) of Regulation (EU) …/… [this Regulation ].rticle 35 deleted 2019/817
Amendment 306 #
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. The Member States and air carriers shall, upon request, provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 2, 3 and 4, including information not constituting personal data related to the results of the pre- checks of Union information systems and national databases at the external borders with API data. 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 the competent border authorities. The Commission shall ensure that any confidential information provided is appropriately protected.