Activities of Jeroen LENAERS 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 (31)
Amendment 87 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Commission should be empowered to adopt technical requirements and procedural rules that air carriers are to comply with in connection to the use of automated means for the collection of machine-readable API data under this Regulation, so as to increase clarity and legal certainty and contribute to ensuring data quality and the responsible use of the automated means. These requirements and rules may change over time due to technological advancements.
Amendment 95 #
Proposal for a regulation
Recital 14
Recital 14
(14) To provide clarity on the technical requirements that are applicable to air carriers and that are needed to ensure the API data that they collected under this Regulation are transferred to the router in a secure, effective and swift manner, the Commission should be empowered to lay down specifications on the common protocols and supported data formats to be used for those transfers. The requirements set out by this Regulation and by the corresponding delegated and implementing acts should lead to a uniform implementation by the airlines, thereby minimizing the cost of the interconnection of their respective systems. To facilitate a harmonized implementation of these requirements by the airlines, notably as regards the data structure, format and transmission protocol, the Commission, based on its cooperation with the competent border authorities, other Member States authorities, air carriers, and relevant Union agencies, should ensure that the practical handbook provides all the necessary guidance and clarifications.
Amendment 103 #
Proposal for a regulation
Recital 18
Recital 18
(18) The router should transmit the API data, in an automated manner, to the relevant competent border authorities, which should be determined on the basis of the border crossing point of entry into the territory of the Member State included in the API data in question. In order to facilitate the distribution process, each Member State should indicate which border authorities are competent to receive the API data transmitted from the router. Member States may establish a single data entry point that receives the API data from the router and that immediately and in an automated manner forwards it to the competent border authorities of the Member State concerned. To ensure the proper functioning of this Regulation and in the interest of transparency, that information should be made public. Member States may designate the same single data entry point for the purposes of this Regulation and of Regulation [API law enforcement].
Amendment 104 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Where air carriers are required to transfer the same API data both under this Regulation and under Regulation Regulation [API law enforcement], air carriers might send this API data to the router only once. In this case, by fulfilling the obligations for the transfer of such API data under this Regulation, air carriers also fulfil the obligations for the transfer of that API data under Regulation [API law enforcement].
Amendment 120 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) To support an effective implementation of the obligations set out in this Regulation by the national supervisory authorities, rules on the collection and use of statistics on API data should be provided for this purpose. Moreover, to allow for evidence-based policy making on border management, illegal immigration and internal security based on statistical information derived from API data and data from EU large- scale IT systems, this Regulation should also set out rules for cross-system statistics to be provided by the Common Repository for Reporting and Statistics, thereby amending Regulation (EU) 2019/817 of the European Parliament and of the Council.
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) the collection by air carriers of API data on flights within the Union for the purpose of combating illegal immigration;
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) the transmission from the router to the competent border and the competent immigration authorities of the API data.
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to air carriers conducting scheduled or non-scheduled flights into the Union and within the Union.
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) ‘intra-EU flights’ means flights departing from the territory of a Member State participating in this Regulation and planned to land on the territory of one or more of the other Member States participating in this Regulation;
Amendment 145 #
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘competent immigration authority’ means a competent authority as defined in Article 3, point 4, of Regulation (EU) 2017/2226
Amendment 164 #
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 traveller concerned. They shall do so in accordance with the detailed technical requirements and operational rules referred to in paragraph 4, where such rules have been adopted and are applicable. In particular, air carriers shall do so by using the most reliable automated means available to collect the machine-readable data of the respective travel document.
Amendment 169 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 37 to supplement this Regulation by laying down detailed technical requirements and operational rules for the collection of the API data referred to in Article 4(2), points (a) to (d), using automated means in accordance with paragraph 2 and 3 of this Article, including on requirements for data security.
Amendment 173 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 37 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 1, including on requirements for data security. Such detailed rules shall ensure that airlines transmit API data using the same structure and content.
Amendment 175 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. eu-LISA shall ensure that API data is encrypted during transfer to the router.
Amendment 177 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The competent border authorities and the competent immigration authorities shall process API data, transferred to them in accordance with this Regulation, solely for the purposes referred to in Article 1.
Amendment 184 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Air carriers shall store, for a time period of 4872 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 185 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The competent border authorities and the competent immigration authorities shall store, for a time period of 4872 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 205 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The router shall only be used by air carriers to transfer API data and by competent border authorities and PIUs to receive API data, in accordance with this Regulation and Regulation (EU) [API law enforcement], respectively. The router may also be used by Member States to require air carriers to transfer PNR data to their PIUs in accordance with Article 5a of Regulation (EU) [API law enforcement] and Directive (EU) 2016/681.
Amendment 209 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 210 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 213 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
For the purpose of such transmission, eu- LISA shall establish and keep up-to-date a table of correspondence between the different airports of origin and destination and the countries to which they belong. eu- LISA shall ensure that the data is encrypted during transmission from the router to the the competent authorities of the Member States.
Amendment 214 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2 a (new)
Article 11 – paragraph 2 – subparagraph 2 a (new)
Member States that require air carriers to collect API data on intra-EU flights for the purpose of combating illegal immigration shall establish a list of the intra-EU flights concerned and shall, by the date of application of this Regulation referred to in Article 27, second subparagraph, provide eu-LISA with that list. Those Member States shall 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.
Amendment 217 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 37 to supplement this Regulation by laying down the necessary detailed technical and procedural rules for the transmissions of API data from the router referred to in paragraph 1, including on requirements for data security.
Amendment 225 #
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) where the API data relates to other intra-EU flights than those included in the lists referred to in Article 11(2a);
Amendment 233 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. The national supervisory authorities referred to in Article 29 and competent authorities shall have access to the relevant logs referred to in paragraph 1 where necessary for the purposes referred to in paragraph 3.
Amendment 235 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
During the time period between those notifications, Article 6(1) shall not apply, insofar as the technical impossibility prevents the transfer of API data to the router. Insofar as that is the case, Article 4(1) and Article 8(1) shall not apply either to the API data in question during that time periodAir carriers shall store the API data until the technical impossibility has been successfully addressed and at that point transfer the data to the router in accordance with Article 6(1).
Amendment 236 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
During the time period between those notifications, Article 6(1) shall not apply, insofar as the technical impossibility prevents the transfer of API data to the router. Insofar aAir carriers tshat is the case, Article 4(1) and Article 8(1) shall not apply either to the API data in question during that time periodll store the API data until the technical impossibility has been successfully addressed and at that point transfer the data to the router in accordance with Article 6(1).
Amendment 237 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
During the time period between those notifications, Article 6(1) shall not apply, insofar as the technical impossibility prevents the transfer of API data to the router. Insofar as that is the case, Article 4(1) and Article 8(1) shall not apply either to the API data in question during that time periodAir carriers shall store the API data until the technical impossibility has been successfully addressed and at that point transfer the data to the router in accordance with Article 6(1).
Amendment 252 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 37 to supplement this Regulation by laying down the necessary detailed rules on the connections to and integration with the router referred to in paragraph 1, including on requirements for data security.
Amendment 253 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 37 to supplement this Regulation by laying down the necessary detailed rules on the connections to and integration with the router referred to in paragraph 1, including on requirements for data security.
Amendment 269 #
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-travel document considered as non recogniszed travel document,for crossing external borders without a valid visa, without a valid travel authorization, or reported as overstay, the number and nationality of travellers. subject to a return decision, to a refusal of entry and stay, to restrictive measures to prevent entry into or transit through the territory of Member States taken in accordance with legal acts adopted by the Council.