Activities of Louis MICHEL related to 2011/0023(COD)
Plenary speeches (1)
Use of Passenger Name Record data (EU PNR) (A8-0248/2015 - Timothy Kirkhope) FR
Amendments (8)
Amendment 288 #
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 following 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: - participation in a criminal organisation, - terrorism, - trafficking in human beings, - sexual exploitation of children and child pornography, - illicit trafficking in narcotic drugs and psychotropic substances, - illicit trafficking in weapons, munitions and explosives, - corruption, - fraud and tax evasion, - laundering of the proceeds of crime, - counterfeiting currency, including of the euro, - computer-related crime, - environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, - murder, grievous bodily injury, - illicit trade in human organs and tissue, - rape - kidnapping, illegal restraint and hostage-taking, - child abduction and child abduction by parents, - organised or armed robbery, - illicit trafficking in cultural goods, including antiques and works of art, - illicit trafficking of mineral ore, - forgery of means of payment, - illicit trafficking in hormonal substances and other growth promoters, - illicit trafficking in nuclear or radioactive materials, - crimes within the jurisdiction of the International Criminal Court, if they are punishable under the national law of athe Member State, and if : with a custodial sentence or a detention order for a maximum period of at least three years, and if;
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
The list of serious transnational crime offences of Article 2(1) sub i shall be reviewed and adjusted accordingly as part of the overall review of this Directive.
Amendment 311 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall set up a 'Passenger Information Unit' responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from Member States' competent public authorities.
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Once the one-stop shop provided for in Article 7 of this Directive is operational, those Member States which so wish may decide that the PNR data which air carriers must forward to their Passenger Information Units should be forwarded directly to the one-stop shop, which shall collate and keep the data in accordance with the conditions laid down in this Directive. Analysis of these data and the forwarding of the results to the competent authorities as referred to in Article 5 shall remain the responsibility of the Passenger Information Unit of the Member State concerned.
Amendment 352 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria and may compare that data with all relevant databases, including data kept by Europol, in conformity with EU law. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 488 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with 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 is proactively, and automatically, transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The Passenger Information Units of othe receivingr Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authoritieswithout delay.
Amendment 529 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. EThe exchange of information under this Article mayust take place using any existing channels for international law enforcement cooperation. The language used for the request and the exch secure European system for the exchange of PNR data between Member States and between Member States and Europol. The development and operational manage 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 receivedment of this system shall be the responsibility of the European agency for the operational management of large- scale IT systems. A one-stop shop shall be created as part of this system to register and transmit the requests for information exchanges. The European Data Protection Supervisor shall be responsible for monitoring the processing of the personal data performed through this European system for the exchange of PNR data.
Amendment 593 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Applications for third country transfers may be addressed directly to the one-stop shop provided for in Article 7 of this directive.