12 Amendments of Hubert PIRKER related to 2011/0023(COD)
Amendment 65 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘air carrier’ means an air transport undertaking with a valid operating licence or equivalent for take-off or landing in the European Union permitting it to carry out carriage by air of passengers;
Amendment 84 #
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 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 under the national law of a Member State, although Member States may exclude those offences for which, under their respective criminal law, the processing of PNR data pursuant to this Directive would not be in line with the principle of proportionality, and if:
Amendment 97 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The Commission should ensure that all institutions and agencies of the Union, for example agencies whose workload in the Member States is increased by the provisions of this directive or by the implementing provisions derived from it receive sufficient additional financial and staff resources.
Amendment 138 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article may take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange 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 received.
Amendment 151 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions actions targeted at a particular person or a particular group of people, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 163 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life shall be prohibited. In the event that PNR data characteristics revealing such information are received by the Passenger Information Unit they shall be deleted immediately.
Amendment 163 #
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 206 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘international flight’ means any scheduled or non-scheduled flight by an air carrier planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer or transit flights, with the exception of air ambulance flights for the transport of patients and organs;
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Two or more Member States may establish a single body or designate a single authoritybody, such as Europol, for instance, to serve as their Passenger Information Unit. SuchThe Passenger Information Unit shall be established in one of the participating Member States or at the headquarters of the higher-level body, such as Europol, for instance, and shall be considered the national Passenger Information Unit of all such participating Member States. The participating Member States shall agree on the detailed rules for the operation of the Passenger Information Unit and shall respect the requirements laid down in this Directive.
Amendment 333 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, wWith regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data ishall be transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States, and, where the former Passenger Information Unit considersconditions of Council Decision 2009/371/JI of 6 April 2009 are met, to Europol irrespective of whether Europol is acting as the Passenger Information Unit within the meaning of Article 3, where the first Passenger Information Unit comes to the conclusion that such transfer to beis necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities.
Amendment 339 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State and, where the conditions of Council Decision 2009/371/JI of 6 April 2009 are met, Europol shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unitbody for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 345 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State and, where the conditions of Council Decision 2009/371/JI of 6 April 2009 are met, Europol shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unitrequesting body may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime.