Activities of Cecilia WIKSTRÖM related to 2011/0023(COD)
Plenary speeches (1)
Use of Passenger Name Record data (EU PNR) (debate) SV
Amendments (31)
Amendment 55 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarymay be useful to effectively prevent, detect, investigate and prosecute terrorist offences and serious crime and thus enhance internal security.
Amendment 58 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVEREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimetransnational crime (If adopted, changes apply throughout the text.)
Amendment 60 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 82(1)(d) and 87(2)(a) thereof,
Amendment 61 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to Articles 7, 8 and 52(1) of the Charter of Fundamental Rights of the European Union,
Amendment 62 #
Proposal for a directive
Recital 6
Recital 6
(6) PNR data may help law enforcement authorities prevent, detect, investigate and prosecute serious crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to construct evidence and, where relevant, to find associates of criminals and unravel criminal networks.
Amendment 129 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) PNR data should be transferred to a single designated unit (Passenger Information Unit) at EU level, so as to ensure clarity and reduce costs to air carriers.
Amendment 136 #
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious transnational crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial or ethnic origin, political opinions, by applying high standards in line with the Charter of Fundamental Rights, Convention 108, and the European Convention for Human Rights. Such lists should not contain any personal data that could reveal a person's sex, race, ethnic or social origin, genetic features, language, religious or philosophical beliefs, political opinion, trade union membership or data concerning health or sexual life of the individual concerned, membership of a national minority, health or sexual orientation. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 154 #
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reasonon grounds of a person’s sex, race or, ethnic origin social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, health or sexual life. membership of a national minority, health or sexual orientation, as laid down in Article 21 of Charter of Fundamental Rights of the European Union.
Amendment 168 #
Proposal for a directive
Recital 21
Recital 21
(21) The period during which PNR data are to be retained should be necessary and proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigationstransnational crime. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are anonymised the data are masked-out immediately, and only accessible under very strict and limited conditions.
Amendment 176 #
Proposal for a directive
Recital 23
Recital 23
(23) The processing of PNR data domestically in each Member State by the Passenger Information Unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters41 (‘Framework Decision 2008/977/JHA’)the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and with the high level of protection offered in the Charter of Fundamental Rights of the European Union, Convention 108, and the European Convention for Human Rights. __________________ 41 OJ L 350, 30.12.2008, p. 60.
Amendment 207 #
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;
Amendment 226 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) The result of the processing of PNR data should in no circumstances be used by Member States as a ground to circumvent their international obligations under the 1951 Convention relating to the status of refugees and its 1967 Protocol and should not be used to deny asylum seekers to have safe and effective legal avenues to the EU territory to exercise their right to international protection;
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 388 #
Proposal for a directive
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. Without prejudice to Article 7(4), the PNR data shall not be transmitted by the Passenger Information Unit to any other authority in any way or format to allow for assessment of the PNR data outside the Passenger Information Unit. The PNR data cannot be requested by other authorities on the basis of an order of a competent court or judicial body.
Amendment 464 #
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 469 #
Proposal for a directive
Annex 1 – point 11
Annex 1 – point 11
Amendment 473 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
(12) General remarks (including all available iInformation on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)
Amendment 480 #
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
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 489 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States shall ensure that the Passenger Information Unit proactively informs the Passenger Information Units of other Member States in case PNR data has been requested in cases of a specific, actual and imminent threat on the basis of Article 7(3), Article 7(4) or Article 7(5).
Amendment 490 #
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. The Passenger Information Unit shall ensure that, with regard to persons identified in accordance with Article 4(2), the result of the processing of PNR data is transmitted to any Member States' competent authorities where the Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime.
Amendment 491 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 499 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The Passenger Information Unit of a Member State shall have the right to request, on a case-by-case basis if necessary and proportionate, the Passenger Information Unit of any other Member State to provide it with PNR data of targeted flights or specific individuals that are kept in the latter's database in accordance with Article 9(2). Passenger Information Units shall provide the requested data without delay. Where appropriate, an alert shall be entered in accordance with Article 36 of Regulation 1987/2006 on the Schengen Information System.
Amendment 500 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 507 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Passenger Information Unit may request access to specific identifiable PNR data kept by the Passenger Information Unit of another Member State on the basis of Article 4(2) point cb (new) in their full form without the masking out only in exceptional circumstances in response to a specific, actual and imminent threat related to terrorist offences or serious transnational crime. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 517 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Only in those cases where it is necessary for the prevention of a specific, actual and imminent threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be reasoned. The Passenger Information Unit shall respond to such requests as a matter of priority. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 519 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 526 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Exceptionally, where early access is necessary to respond to a specific, actual and imminent threat related to terrorist offences or serious transnational crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter's territory at any time. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 538 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Exchange of information under this Article may take place using any existing channels for international law enforcement cooperation. The language used for the request and the exchange of information shall be the one applicable to the channel used.