5 Amendments of Aldo PATRICIELLO related to 2011/0023(COD)
Amendment 63 #
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible forhas the duty to focus on assessing the potential threats related to terrorist offences and serious crime.
Amendment 69 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where it is proven that such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime . The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 SeptDecember 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 39 40OJ L 121, 15.5.2009, p. 37. OJ L 121, 15.05.09. p. 37. 40 OJ L 386, 29.12.2006, p. 89. OJ L 386, 29.12.06. p. 89.
Amendment 122 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may, in exceptional cases, be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime.
Amendment 173 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 360 days after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 178 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 360 days after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of five years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.