2022/0424(COD) Collection and transfer of advance passenger information for enhancing and facilitating external border controls
Lead committee dossier:
Progress: Procedure completed, awaiting publication in Official Journal
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
FEST Nicolaus ( ID),
GUSMÃO José ( The Left)
|
|
| Committee Opinion | BUDG | ||
| Committee Opinion | TRAN |
Marian-Jean MARINESCU ( PPE),
Josianne CUTAJAR ( S&D),
Clare DALY ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
TFEU 079-p2, TFEU 077-p2
Legal Basis:
TFEU 079-p2, TFEU 077-p2Subjects
Events
2024/12/19
Council of the EU - Draft final act
Documents
2024/12/12
EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/12/12
CSL - Council Meeting
2024/08/08
European Commission - Commission response to text adopted in plenary
Documents
2024/04/25
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 492 votes to 33, with 10 abstentions, a legislative resolution 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.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Subject matter
To enhance and facilitate the effectiveness and efficiency of border checks at external borders and of combating illegal immigration, this Regulation lays down the rules on: (a) the collection by air carriers of advance passenger information; (b) the transfer by air carriers to the router of the API data; (c) the transmission from the router to the competent border authorities of the API data. The Regulation should also apply to air carriers conducting flights into the Union.
Collection and transfer of API data
Air carriers should collect API data of each passenger on flights to the EU to be transferred to the router. The API data should consist only of the following data relating to each passenger on the flight : the surname, the date of birth, sex and nationality; the type and number of the travel document and the three-letter code of the issuing country of the travel document; the number identifying a passenger name record used by an air carrier to locate a passenger within its information system (PNR record locator); seating and baggage information.
In addition, air carriers should collect certain flight information, such as the flight identification number, airport code, departure and arrival times and the air carrier's contact details.
Where air carriers provide an online check-in process, they should enable passengers to provide API data by automated means during this online check-in process. For passengers that do not check-in online, air carriers should enable those passengers to provide those API data by automated means during check-in at the airport with the assistance of a self-service kiosk or of airline staff at the counter.
During a transitional period, air carriers should provide the possibility to passengers to provide API data manually as part of the online check-in. Air carriers should transfer the API data: (a) per passenger at the moment of check-in, but not earlier than 48 hours prior to the scheduled departure time, and: (b) for all boarded passengers immediately after flight closure.
Any processing of API data and, in particular, of API data constituting personal data must remain strictly limited to what is necessary and proportionate to achieve the objectives pursued by the Regulation. Furthermore, the processing of API data collected and transferred under the Regulation must not lead to any form of discrimination prohibited by the Charter of Fundamental Rights of the European Union. Particular attention must be paid to children, the elderly, people with disabilities and vulnerable persons.
Where an air carrier becomes aware that the data that it stores under this Regulation was processed unlawfully, or that the data does not constitute API data, it should immediately and permanently delete, that data.
The router
The European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) should design, develop, host and technically manage a router to facilitate the transfer of encrypted API data by air carriers to the competent border authorities.
The router should verify, in an automated manner and on the basis of real-time air traffic data, whether the air carrier has transferred the API data. Where the router has verified that the data has not been transferred by the air carrier, it should immediately and in an automated manner inform the air carrier concerned and the competent border authorities of the Member States to which the data was to be transferred. In this case, the air carrier should transfer the API data immediately.
Data protection
The air carriers should be controllers, within the meaning of the GDPR, for the processing of API data constituting personal data in relation to their collection of that data and their transfer thereof to the router under this Regulation. Each Member State should designate a competent authority as data controller and communicate those authorities to the Commission, eu-LISA and the other Member States.
Air carriers should provide passengers, on flights covered by this Regulation, with information on the purpose of the collection of their personal data, the type of personal data collected, the recipients of the personal data and the means to exercise the data subject rights.
Governance
No later than the date of entry into force of the Regulation, the Management Board of eu-LISA should establish a Programme Management Board consisting of ten members. The Programme Management Board should ensure the proper execution of eu-LISA's tasks relating to the design and development of the router. At the request of the Programme Management Board, eu-LISA should provide detailed and up-to-date information on the design and development of the router, including the resources allocated by eu-LISA.
Technical matters related to the usage and functioning of the router should be discussed in the API-PNR Contact Group where eu-LISA representatives should be also present.
Sanctions
Member States should ensure that a recurrent failure to transfer API data is subject to proportionate financial penalties of up to 2% of the air carrier's global turnover for the previous financial year. Failure to comply with the other obligations set out in the Regulation should be subject to proportionate penalties, including financial penalties.
Text adopted by Parliament, 1st reading/single reading
Documents
2024/04/25
EP - Results of vote in Parliament
Documents
2024/04/24
EP - Debate in Parliament
Documents
2024/03/19
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/03/13
Council of the EU - Coreper letter confirming interinstitutional agreement
Documents
2023/12/13
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/12/11
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/12/07
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jan-Christoph OETJEN (Renew, DE) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
API data to be collected by air carriers
The amended text stated that air carriers should collect API data of passengers, consisting of the passenger data and the flight information, respectively, on the flights for the purpose of transferring that API data to the router. Where the flight is code-shared between one or more air carriers, the obligation to transfer the API data should be on the air carrier that operates the flight.
Means of collecting API data
The collection of API data should not include an obligation for air carriers to check the travel document at the moment of boarding the aircraft or an obligation for passengers to carry a travel document when travelling, without prejudice to acts of national law that are compatible with Union law. The collection of API data by automated means should not lead to the collection of any biometric data from the travel document.
Where air carriers provide an online check-in process, they should enable passengers to provide the API data during the online check-in process, using automated means .
Air carriers should ensure that API data is encrypted during the transmission of the data from the passenger to the air carriers.
Obligations on air carriers regarding transfers of API data
At the moment of check-in, air carriers should transfer the API data in accordance with this Regulation and relevant international standards. Air carriers should receive an acknowledgement of receipt of the transfer of the API data.
Processing of API data received
The competent border authorities should be prohibited from processing API data for the purposes of profiling under any circumstances.
Storage and deletion of API data
Members suggested that air carriers should store, for a time period of 24 hours (as opposed to the 48 hours proposed by the Commission) from the moment of departure of the flight, the API data relating to that passenger that they collected. They should immediately and permanently delete that API data after the expiry of that time period.
Air carriers or competent border authorities should immediately and permanently delete API data where they become aware that the API data collected was processed unlawfully or that the data transferred does not constitute API data.
Fundamental Rights
The collection and processing of personal data by air carriers and competent authorities should not result in discrimination against persons on the grounds of sex and gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
The router
Members clarified the functioning of the router. It should allow for the reception and transmission of encrypted API data and automatically extract and make available the statistics to the central repository for reporting and statistics.
eu-LISA should design and develop the router in a way that any API data transferred from the air carriers to the router and any API data transmitted from the router to the competent border authorities and to the central repository for reporting and statistics are encrypted.
Information to passengers
Air carriers should provide passengers with information on the purpose of the collection of their personal data, the type of personal data collected, the recipients of the personal data and the means to exercise the data subject rights. This information should be communicated to passengers in writing and in an easily accessible format at the moment of booking and at the moment of check-in, irrespective of the means used to collect the personal data at the moment of check-in.
Costs of eu-LISA, the European Data Protection Supervisor, the national supervisory authorities and of Member States
Member underlined that the financial appropriation to the functioning of the router will determine its success, therefore eu-LISA should be provided with the necessary resources. In addition, in view of the expected increase in tasks for the EDPS and national data protection authorities, the report includes provisions regarding the coverage of cost costs incurred by them as well.
Penalties
Member States should ensure that a systematic or persistent failure to comply with obligations set out in this Regulation is subject to financial penalties of up to 2% of an air carrier's global turnover of the preceding business year.
API Expert Group
The committee called for an API Expert Group to be set up to facilitate cooperation and the exchange of information on obligations stemming from and issues relating to this Regulation among Member States, EU institutions and stakeholders.
The Group should be composed of representatives of the European Commission, Member States’ relevant authorities, the European Parliament and eu-LISA.
Monitoring and evaluation
Members considered that this Regulation should be subject to regular evaluations to ensure the monitoring of its effective application. In particular, the collection of API data should not be to the detriment of the travel experience of legitimate passengers. The overall regulatory burden for the aviation sector should be kept under close review.
Moreover, the report should assess the extent to which the objectives of the Regulation have been met and to which extent it has impacted the competitiveness of the sector.
Committee report tabled for plenary, 1st reading/single reading
Documents
2023/11/28
EP - Vote in committee, 1st reading
2023/11/28
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/09/15
PT_PARLIAMENT - Contribution
Documents
2023/09/05
European Parliament - Amendments tabled in committee
Documents
2023/07/19
European Parliament - Committee opinion
Documents
2023/07/05
European Parliament - Committee draft report
Documents
2023/06/08
European Parliament - Amendments tabled in committee
Documents
2023/04/27
Economic and Social Committee: opinion, report - ESC
Documents
2023/04/26
NL_SENATE - Contribution
Documents
2023/03/23
ES_PARLIAMENT - Contribution
Documents
2023/02/13
EP - Committee referral announced in Parliament, 1st reading
2023/02/08
Document attached to the procedure - EDPS
Documents
2022/12/14
European Commission - Document attached to the procedure
Documents
2022/12/14
European Commission - Document attached to the procedure
Documents
2022/12/14
European Commission - Document attached to the procedure
Documents
2022/12/14
European Commission - Document attached to the procedure
Documents
2022/12/13
European Commission - Legislative proposal
Details
PURPOSE: to present new rules on the collection and transfer of advance passenger information (API) to facilitate external border controls, combat illegal immigration and increase internal security.
PROPOSED ACT: Regulation of the European Union and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Advance Passenger Information (API) is information on a passenger collected at check-in or at boarding. It includes information about the passenger and information about their flight. In 2019, the International Civil Aviation Organisation (ICAO) reported 4.5 billion passengers globally carried by air transport on scheduled services, with over half a billion passengers that enter or leave the EU every year. This puts a strain on the external air borders of the EU as all travellers, meaning non-EU nationals, and EU citizens crossing the external borders, should be effectively and systematically checked against the relevant databases. To ensure that checks can be performed efficiently on every air passenger, there is a need to speed up border controls at airports and ensure the facilitation of passenger flows while at the same time maintaining a high level of security.
The existing legal framework on API data, which consists of Council Directive 2004/82/EC and national law transposing that Directive, has proven important in improving border controls, notably by setting up a framework for Member States to introduce provisions for laying down obligations on air carriers to transfer API data on passengers transported into their territory. However, divergences remain at national level. In particular, API data is not systematically requested from air carriers and air carriers are faced with different requirements regarding the type of information to be collected and the conditions under which the API data needs to be transferred to competent border authorities. Those divergences lead not only to unnecessary costs and complications for the air carriers, but they are also prejudicial to ensuring effective and efficient pre-checks of persons arriving at external borders.
The existing legal framework should therefore be updated and replaced to ensure that the rules regarding the collection and transfer of API data for the purpose of enhancing and facilitating the effectiveness and efficiency of border checks at external borders and for combating illegal immigration are clear, harmonised and effective .
CONTENT: this proposed Regulation presents new rules on the collection and transfer of advance passenger information (API) to facilitate external border controls, combat illegal immigration and increase internal security. It lays down the rules on:
- the collection by air carriers of advance passenger information (‘API data’) on flights into the Union;
- the transfer by air carriers to the router of the API data;
- the transmission from the router to the competent border authorities of the API data.
It will apply to air carriers conducting scheduled or non-scheduled flights into the Union.
Overall, the proposal contains:
- provisions for the collection and transfer of API data, namely a clear set of rules for the collection of API data by air carriers, rules regarding the transfer of API data to the router, the processing of API data by competent border authorities, and the storage and deletion of API data by air carriers and those authorities;
- provisions for the transmission of API data through a central router which will act as the single point of reception and onward distribution of data, replacing the current system comprised of multiple connections between air carriers and national authorities. More specifically, it includes provisions describing the main features of the router, rules on the use of the router, the procedure for the transmission of API data from the router to the competent border authorities, deletion of API data from the router, the keeping of logs, and the procedures in case of a partial or full technical impossibility to use the router;
- specific provisions on the protection of personal data . More specifically, it specifies who the data controllers and data processor are for the processing of API data constituting personal data pursuant to this Regulation. It also sets out measures required from eu-LISA to ensure the security of data processing, in line with the provisions of Regulation (EU) 2018/1725. It sets out measures required from air carriers and competent border authorities to ensure their self-monitoring of compliance with the relevant provisions set out in this Regulation and rules on audits;
- specific issues relating to the router . It contains requirements on the connections to the router of competent border authorities and air carriers. It also sets out the tasks of eu-LISA relating to the design and development of, the hosting and technical management of, and other support tasks relating to, the router. It also contains provisions concerning the costs incurred by eu-LISA and Member States under this Regulation, in particular as regards Member States’ connections to and integration with the router. It also sets out provisions regarding liability for damage cause to the router, the start of operations of the router and the possibility of voluntary use of the router by air carriers subject to certain conditions;
- provisions on supervision, possible penalties applicable to air carriers for non-compliance of their obligations set out in this Regulation, rules relating to statistical reporting by eu-LISA, and on the preparation of a practical handbook by the Commission;
Budgetary implications
This proposal will have an impact on the budget and staff needs of eu-LISA and Member States’ competent border authorities.
For eu-LISA, it is estimated that an additional budget of around EUR 45 million (33 million under current MFF) to set-up the router and EUR 9 million per year from 2029 onwards for the technical management thereof, and that around 27 additional posts would be needed for to ensure that eu-LISA has the necessary resources to perform the tasks attributed to it in this proposed Regulation and in the proposed Regulation for the collection and transfer of API data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
For Member States, it is estimated that EUR 27 million (EUR 8 million under the current Multiannual Financial Framework) dedicated to upgrading the necessary national systems and infrastructures for border management authorities, and progressively up to EUR 5 million per year from 2028 onwards for the maintenance thereof, could be entitled for reimbursement by Border Management and Visa Instrument fund. Any such entitlement will ultimately have to be determined in accordance with the rules regulating those funds as well as the rules on costs contained in the proposed Regulation.
Legislative proposal
Documents
2022/12/13
EC - Legislative proposal published
Details
PURPOSE: to present new rules on the collection and transfer of advance passenger information (API) to facilitate external border controls, combat illegal immigration and increase internal security.
PROPOSED ACT: Regulation of the European Union and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Advance Passenger Information (API) is information on a passenger collected at check-in or at boarding. It includes information about the passenger and information about their flight. In 2019, the International Civil Aviation Organisation (ICAO) reported 4.5 billion passengers globally carried by air transport on scheduled services, with over half a billion passengers that enter or leave the EU every year. This puts a strain on the external air borders of the EU as all travellers, meaning non-EU nationals, and EU citizens crossing the external borders, should be effectively and systematically checked against the relevant databases. To ensure that checks can be performed efficiently on every air passenger, there is a need to speed up border controls at airports and ensure the facilitation of passenger flows while at the same time maintaining a high level of security.
The existing legal framework on API data, which consists of Council Directive 2004/82/EC and national law transposing that Directive, has proven important in improving border controls, notably by setting up a framework for Member States to introduce provisions for laying down obligations on air carriers to transfer API data on passengers transported into their territory. However, divergences remain at national level. In particular, API data is not systematically requested from air carriers and air carriers are faced with different requirements regarding the type of information to be collected and the conditions under which the API data needs to be transferred to competent border authorities. Those divergences lead not only to unnecessary costs and complications for the air carriers, but they are also prejudicial to ensuring effective and efficient pre-checks of persons arriving at external borders.
The existing legal framework should therefore be updated and replaced to ensure that the rules regarding the collection and transfer of API data for the purpose of enhancing and facilitating the effectiveness and efficiency of border checks at external borders and for combating illegal immigration are clear, harmonised and effective .
CONTENT: this proposed Regulation presents new rules on the collection and transfer of advance passenger information (API) to facilitate external border controls, combat illegal immigration and increase internal security. It lays down the rules on:
- the collection by air carriers of advance passenger information (‘API data’) on flights into the Union;
- the transfer by air carriers to the router of the API data;
- the transmission from the router to the competent border authorities of the API data.
It will apply to air carriers conducting scheduled or non-scheduled flights into the Union.
Overall, the proposal contains:
- provisions for the collection and transfer of API data, namely a clear set of rules for the collection of API data by air carriers, rules regarding the transfer of API data to the router, the processing of API data by competent border authorities, and the storage and deletion of API data by air carriers and those authorities;
- provisions for the transmission of API data through a central router which will act as the single point of reception and onward distribution of data, replacing the current system comprised of multiple connections between air carriers and national authorities. More specifically, it includes provisions describing the main features of the router, rules on the use of the router, the procedure for the transmission of API data from the router to the competent border authorities, deletion of API data from the router, the keeping of logs, and the procedures in case of a partial or full technical impossibility to use the router;
- specific provisions on the protection of personal data . More specifically, it specifies who the data controllers and data processor are for the processing of API data constituting personal data pursuant to this Regulation. It also sets out measures required from eu-LISA to ensure the security of data processing, in line with the provisions of Regulation (EU) 2018/1725. It sets out measures required from air carriers and competent border authorities to ensure their self-monitoring of compliance with the relevant provisions set out in this Regulation and rules on audits;
- specific issues relating to the router . It contains requirements on the connections to the router of competent border authorities and air carriers. It also sets out the tasks of eu-LISA relating to the design and development of, the hosting and technical management of, and other support tasks relating to, the router. It also contains provisions concerning the costs incurred by eu-LISA and Member States under this Regulation, in particular as regards Member States’ connections to and integration with the router. It also sets out provisions regarding liability for damage cause to the router, the start of operations of the router and the possibility of voluntary use of the router by air carriers subject to certain conditions;
- provisions on supervision, possible penalties applicable to air carriers for non-compliance of their obligations set out in this Regulation, rules relating to statistical reporting by eu-LISA, and on the preparation of a practical handbook by the Commission;
Budgetary implications
This proposal will have an impact on the budget and staff needs of eu-LISA and Member States’ competent border authorities.
For eu-LISA, it is estimated that an additional budget of around EUR 45 million (33 million under current MFF) to set-up the router and EUR 9 million per year from 2029 onwards for the technical management thereof, and that around 27 additional posts would be needed for to ensure that eu-LISA has the necessary resources to perform the tasks attributed to it in this proposed Regulation and in the proposed Regulation for the collection and transfer of API data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
For Member States, it is estimated that EUR 27 million (EUR 8 million under the current Multiannual Financial Framework) dedicated to upgrading the necessary national systems and infrastructures for border management authorities, and progressively up to EUR 5 million per year from 2028 onwards for the maintenance thereof, could be entitled for reimbursement by Border Management and Visa Instrument fund. Any such entitlement will ultimately have to be determined in accordance with the rules regulating those funds as well as the rules on costs contained in the proposed Regulation.
Legislative proposal
Documents
Documents
- Draft final act: 00068/2024/LEX
- Commission response to text adopted in plenary: SP(2024)394
- Decision by Parliament, 1st reading: T9-0376/2024
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Go to the page
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2024)001541
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001541
- Committee report tabled for plenary, 1st reading: A9-0409/2023
- Contribution: COM(2022)0729
- Amendments tabled in committee: PE752.817
- Committee opinion: PE746.927
- Committee draft report: PE750.252
- Amendments tabled in committee: PE749.217
- ESC: CES0256/2023
- Contribution: COM(2022)0729
- Contribution: COM(2022)0729
- EDPS: OJ C 084 07.03.2023, p. 0002
- EDPS: N9-0017/2023
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SEC(2022)0444
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2022)0421
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2022)0422
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2022)0423
- Legislative proposal: COM(2022)0729
- Legislative proposal: Go to the pageEur-Lex
- Legislative proposal published: COM(2022)0729
- Legislative proposal published: Go to the page Eur-Lex
- Amendments tabled in committee: PE749.217
- Committee draft report: PE750.252
- Committee opinion: PE746.927
- Amendments tabled in committee: PE752.817
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001541
- Draft final act: 00068/2024/LEX
- Legislative proposal: COM(2022)0729 Go to the pageEur-Lex
- Document attached to the procedure: Go to the pageEur-Lex SEC(2022)0444
- Document attached to the procedure: Go to the pageEur-Lex SWD(2022)0421
- Document attached to the procedure: Go to the pageEur-Lex SWD(2022)0422
- Document attached to the procedure: Go to the pageEur-Lex SWD(2022)0423
- Commission response to text adopted in plenary: SP(2024)394
- Contribution: COM(2022)0729
- Contribution: COM(2022)0729
- Contribution: COM(2022)0729
- EDPS: OJ C 084 07.03.2023, p. 0002 N9-0017/2023
- ESC: CES0256/2023
Votes
A9-0409/2023 – Jan-Christoph Oetjen – Provisional agreement – Am 139 #
2024/04/25 Outcome: +: 492, -: 33, 0: 10
Renew
Verts/ALE
ECR
NI| Amendments | Dossier |
| 264 |
2022/0424(COD)
2023/06/08
TRAN
25 amendments...
Amendment 12 #
Proposal for a regulation Recital 8 (8) In the interest of effectiveness and legal certainty, the items of information that jointly constitute the API data to be collected and subsequently transferred under this Regulation should be listed clearly and exhaustively, covering both information relating to each traveller and information on the flight of that traveller. Such flight information should cover information on the border crossing point of entry into the territory of the Member State concerned in all cases covered by this Regulation, but that information should be collected only where applicable under Regulation (EU) [API law enforcement]
Amendment 13 #
Proposal for a regulation Recital 9 (9) In order to allow for flexibility and innovation, it should in principle be left to each air carrier to determine how it meets its obligations regarding the collection of API data set out in this Regulation. However, considering that suitable technological solutions exist that allow collecting certain API data automatically while guaranteeing that the API data concerned is accurate, complete and up-to- date, and having regard the advantages of
Amendment 14 #
Proposal for a regulation Recital 12 a (new) (12a) The automatic data collection systems and other processes established under this Regulation should not negatively impact the employees in the aviation industry, who should benefit from upskilling and reskilling opportunities that would increase the efficiency and reliability of data collection and transfer as well as the working conditions in the sector.
Amendment 15 #
Proposal for a regulation Recital 13 (13) In view of ensuring that the pre- checks carried out in advance by competent border authorities are effective and efficient, the API data transferred to those authorities should contain data of travellers that are effectively set to cross
Amendment 16 #
Proposal for a regulation Recital 13 a (new) (13a) With a view to guaranteeing the fulfilment of the rights provided for under the Charter of Fundamental Rights and to ensuring accessible and inclusive travel options, especially for vulnerable groups and persons with disabilities, air carriers, supported by the Member States, shall ensure that an offline alternative for the check-in and for the provision of the necessary data by the passengers is possible at all times.
Amendment 17 #
Proposal for a regulation Recital 13 a (new) (13a) In order to enhance data quality, the router should verify whether the API data transferred to it by the air carriers complies with the supported data formats. Where the router has verified that the data is not compliant with the suported data formats, the router should, immediately and in an automated manner, notify the air carrier concerned.
Amendment 18 #
Proposal for a regulation Recital 15 a (new) (15a) Given that this Regulation requires additional adjustment and administrative costs by the air carriers, the overall regulatory burden for the aviation sector should be kept under close review. Against this backdrop, the report evaluating the functioning of this Regulation should assess the extent to which the objectives of the Regulation have been met and to which extent it has impacted the competitiveness of the sector. Therefore, the Commission’s report should also refer to the interaction of this Regulation with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008. The report should assess the overall impact of related reporting obligations on air carriers, identifying provisions that may be updated and simplified to mitigate the burden on air carriers, as well as actions and measures that have been or could be taken to reduce the total cost pressure on the aviation sector.
Amendment 19 #
Proposal for a regulation Recital 17 (17) In order to avoid that air carriers have to establish and maintain multiple connections with the competent border authorities of the Member States’ for the transfer of API data collected under this Regulation and the related inefficiencies
Amendment 20 #
Proposal for a regulation Recital 17 a (new) (17a) With a view to ensuring increased data quality and accuracy, the setting up of travel document validation systems, able to automatically verify carrier- submitted passenger data, should be considered.
Amendment 21 #
Proposal for a regulation Recital 19 (19) The router should serve only to facilitate the transmission of API data from the air carriers to the competent border authorities in accordance with this Regulation and to PIUs in accordance with Regulation (EU) [API law enforcement], and should not be a repository of API data. Therefore, and in order to minimise any risk of unauthorised access or other misuse and in accordance with the principle of data minimisation, any storage of the API data on the router should remain limited to what is strictly necessary for technical purposes related to the transmission and the API data should be deleted from the router, immediately, permanently and in an automated manner, from the moment that the transmission has been completed
Amendment 22 #
Proposal for a regulation Recital 28 a (new) (28a) When providing for the penalties applicable to air carriers under this Regulation, Member States shall take into account the technical, operational and economic feasibility of ensuring complete data accuracy. Additionally, when fines are imposed, their application and value shall be established taking into consideration the actions undertaken by the air carrier to mitigate the issue as well as its repeated failure to cooperate with national authorities.
Amendment 23 #
Proposal for a regulation Recital 36 a (new) (36a) When monitoring and evaluating the effective implementation of this Regulation to the benefit of authorities, travellers and air carriers, the Commission shall conduct a holistic assessment of the present Act in relation to other regulations that impact the flow of travellers' data. In this regard, the Commission shall also consider the harmonisation of the channels of transmission of the data that air carriers are required to collect and transfer.
Amendment 24 #
Proposal for a regulation Recital 36 b (new) (36b) The EU should evaluate the possibility to include other modes of transport within the scope of this Regulation, while taking into account the particularities, business models and ticket purchase practices thereof.
Amendment 25 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Air carriers shall collect the API data referred to Article 4(2), points (a) to (d), using, where technically and operationally feasible, 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.
Amendment 26 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 However, where such use of automated means is not possible due to the travel document not containing machine-readable data or due to other technical and operational barriers, air carriers shall collect that data manually, in such a manner as to ensure
Amendment 27 #
Proposal for a regulation Article 6 – paragraph 2 2. Air carriers shall transfer the API data both at the moment of check-in and immediately after flight closure, that is, once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for passengers to board or to leave the aircraft. At the moment of check-in, air carriers shall transfer the API data by way of interactive API in accordance with international standards. Where an air carrier transfers the API data by way of interactive API, it shall receive a meaningful reply in accordance with Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008.
Amendment 28 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. The router shall verify whether the API data transferred to it in accordance with paragraph 1 complies with the detailed rules on the supported data formats. Where the router has verified that the data is not compliant with the detailed rules, the router shall, immediately and in an automated manner, notify the air carrier concerned.
Amendment 29 #
Proposal for a regulation 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 the use of interactive API for the transfer of API data at the moment of check-in.
Amendment 30 #
Proposal for a regulation Article 9 – paragraph 3 3. Without prejudice to Article 10 of this Regulation, the router shall, to the extent technically possible, share and re- use the technical components, including hardware and software components, of the web service referred to in Article 13 of Regulation (EU) 2017/2226 of the European Parliament and of the Council48,
Amendment 31 #
Proposal for a regulation Article 12 – paragraph 1 – point b (b) in respect of Regulation (EU) [API
Amendment 32 #
Proposal for a regulation Article 12 – paragraph 1 – point b a (new) (ba) where the transmission of the API data to the router has taken place before the air carrier became aware of a technical impossibility of the router to subsequently transmit the API data to the competent border authorities or PIUs, as applicable.
Amendment 33 #
Proposal for a regulation Article 22 – paragraph 3 a (new) 3a. Where technically and operationally feasible, the router should allow for the use of pseudonymization and/or encryption of the API data.
Amendment 34 #
Proposal for a regulation Article 38 – paragraph 4 – point c a (new) (ca) the impact of this Regulation on the competitiveness of the aviation sector and the burden incurred by businesses. The Commission’s report shall also address this Regulation’s interaction with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008, with a view to assess the overall impact of related reporting obligations on air carriers, identify provisions that may be updated and simplified to mitigate the burden on air carriers, and consider actions and measures that could be taken to reduce the total cost pressure on air carriers.
Amendment 35 #
Proposal for a regulation Article 38 – paragraph 4 – point c a (new) (ca) The interaction with other relevant legislative acts, identifying provisions that may be updated and simplified, as well as actions and measures that have been or could be taken to reduce the total cost pressure on the aviation sector.
Amendment 36 #
4a. The report provided for under paragraph 4 of this Article shall also encompass an assessement of the possibility to include other modes of transport within the scope of this Regulation, while taking into account the particularities, business models and ticket purchase practices thereof.
source: 749.217
2023/09/06
LIBE
239 amendments...
Amendment 100 #
Proposal for a regulation Recital 17 (17) In order to avoid that air carriers have to establish and maintain multiple connections with the competent border authorities of the Member States’ for the transfer of API data collected under this Regulation and the related inefficiencies and security risks, provision should be made for a single router, created and operated at Union level, that serves as a connection and distribution point for those transfers. In the interest of efficiency and cost effectiveness, the router should, to the extent technically possible and in full respect of the rules of this Regulation and
Amendment 101 #
Proposal for a regulation Recital 17 (17) In order to avoid that air carriers have to establish and maintain multiple connections with the competent border authorities of the Member States’ for the transfer of API data collected under this Regulation and the related inefficiencies and security risks, provision should be made for a single router, created and operated at Union level, that serves as a connection and distribution point for those transfers. In the interest of efficiency and cost effectiveness, the router should, to the extent technically possible and in full respect of the rules of this Regulation
Amendment 102 #
Proposal for a regulation Recital 17 a (new) (17a) With a view to ensuring increased data quality and accuracy, the setting up of travel document validation systems, able to automatically verify carrier- submitted passenger data, should be considered.
Amendment 103 #
Proposal for a regulation 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
Amendment 104 #
Proposal for a regulation 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 105 #
Proposal for a regulation Recital 19 (19) The router should serve only to facilitate the transmission of API data from
Amendment 106 #
Proposal for a regulation Recital 19 (19) The router should serve only to facilitate the transmission of API data from the air carriers to the competent border authorities in accordance with this Regulation and to PIUs in accordance with Regulation (EU) [API law enforcement], and should not be a repository of API data. Therefore, and in order to minimise any risk of unauthorised access or other misuse and in accordance with the principle of data minimisation, any storage of the API data on the router should remain limited to what is strictly necessary for technical purposes related to the transmission and the API data should be deleted from the router, immediately, permanently and in an automated manner, from the moment that the transmission has been completed
Amendment 107 #
Proposal for a regulation Recital 19 (19) The router should serve only to facilitate the transmission of API data from the air carriers to the competent border authorities in accordance with this Regulation and to PIUs in accordance with Regulation (EU) [API law enforcement], and should not be a repository of API data. Therefore, and in order to minimise any risk of unauthorised access or other misuse and in accordance with the principle of data minimisation,
Amendment 108 #
Proposal for a regulation Recital 19 a (new) (19a) To ensure that Member States receive passenger name record data, notably those on intra-EU flights, in accordance with the strict requirements set by the Court of Justice of the EU and in a transparent way that can be effectively supervised, the transfer and transmission of passenger name record data from air carriers to Passenger Information Units under Directive (EU) 2016/681 should only take place through the router.
Amendment 109 #
Proposal for a regulation Recital 20 (20) With a view to ensuring the proper functioning of the transmission of API data from router, the Commission should be empowered to lay down detailed technical and procedural rules on that transmission. Those rules should be such as to ensure that the transmission is secure, effective and swift and impacts passengers’ travel and rights and air carriers no more than necessary.
Amendment 110 #
Proposal for a regulation Recital 22 (22) The router to be created and operated under this Regulation should
Amendment 111 #
Proposal for a regulation Recital 23 (23) In view of the Union interests at stake, the costs incurred by the European Data Protection Supervisor and eu-LISA for the performance of its tasks under this Regulation and Regulation (EU) [API law enforcement] in respect of the router should be borne by the Union budget. The same should go for appropriate costs incurred by the Member States in relation to their connections to, and integration with, the router, as required under this Regulation and in accordance with the
Amendment 112 #
Proposal for a regulation Recital 23 (23) In view of the Union interests at stake, the costs incurred by the European Data Protection Supervisor and eu-LISA for the performance of its tasks under this Regulation and Regulation (EU) [API law enforcement] in respect of the router should be borne by the Union budget. The same should go for appropriate costs incurred by the Member States in relation to their connections to, and integration with, the router, as required under this Regulation and in accordance with the applicable legislation, subject to certain exceptions. The costs covered by those exceptions should be borne by each Member State concerned itself. The costs incurred by the independent national supervisory authorities in relation to the tasks entrusted to them under this Regulation and Regulation (EU) [API law enforcement] shall be borne by the respective Member States as well.
Amendment 113 #
Proposal for a regulation Recital 23 (23) In view of the Union interests at stake, the costs incurred by eu-LISA for the performance of its tasks under this Regulation
Amendment 114 #
Proposal for a regulation Recital 25 (25) In the interest of ensuring compliance with the fundamental right
Amendment 115 #
Proposal for a regulation Recital 26 (26) In particular, the purposes of the processing operations under this Regulation, namely the transmission of API data from air carriers via the router to the competent border authorities of the Member States, are to assist those authorities in the performance of their border management obligations and tasks
Amendment 116 #
Proposal for a regulation Recital 27 a (new) (27a) Taking into account the right of passengers to be informed of the processing of their personal data, Member States should ensure that passengers are provided with accurate information that is easily accessible and easy to understand about the collection of API data, their transfer to the competent authorities or the PIU and their rights as data subjects.
Amendment 117 #
Proposal for a regulation Recital 28 a (new) (28a) When providing for the penalties applicable to air carriers under this Regulation, Member States shall take into account the technical, operational and economic feasibility of ensuring complete data accuracy. Additionally, when fines are imposed, their application and value shall be established taking into consideration the actions undertaken by the air carrier to mitigate the issue as well as its repeated failure to cooperate with national authorities.
Amendment 118 #
Proposal for a regulation Recital 30 (30) As the router should be designed, developed, hosted and technically managed by the eu-LISA, established by Regulation (EU) 2018/1726 of the European
Amendment 119 #
Proposal for a regulation Recital 30 (30) As the router should be designed, developed, hosted and technically managed by the eu-LISA, established by Regulation (EU) 2018/1726 of the European Parliament and of the Council36 , it is necessary to amend that Regulation by adding that task to the tasks of eu-LISA. In order to store reports and statistics of the router on the Common Repository for Reporting and Statistics it is necessary to amend Regulation (EU) 2019/817 of the European Parliament and of the Council37 . The Common Repository for Reporting and Statistics should only provide statistics based on the relevant API data for the implementation and effective supervision of this Regulation. _________________ 36 Regulation (EU) 2018/1726 of the
Amendment 120 #
Proposal for a regulation 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 121 #
Proposal for a regulation Recital 35 Amendment 122 #
Proposal for a regulation Recital 35 Amendment 123 #
Proposal for a regulation Recital 35 a (new) (35a) This Regulation should preclude any extension of its provisions at national level to cover intra-EU flights or to other modes of transport carrying passengers within the European Union departing from, going to or transiting through a Member State, in particular the obligation to provide API data, since any of these measures would be considered as equivalent to the exercise of border checks, hence contrary to the EU law.
Amendment 124 #
Proposal for a regulation Recital 36 (36) Since the objectives of this Regulation, namely enhancing and facilitating the effectiveness and efficiency of border checks at external borders
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part For the purposes of enhancing and facilitating the
Amendment 126 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part For the purposes of enhancing and facilitating the effectiveness and efficiency of border checks at external borders
Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part For the purposes of enhancing and facilitating the effectiveness and efficiency of border checks at external borders
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the collection by air carriers of advance passenger information (‘API data’) on
Amendment 129 #
Proposal for a regulation 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 (c) the transmission from the router to the competent border and the competent immigration authorities of the API data.
Amendment 131 #
Proposal for a regulation Article 1 – paragraph 1 a (new) This Regulation is without prejudice to Regulation (EU) 2016/679 [GDPR], Regulation (EU) 2018/1725 [EUDPR] and Directive (EU) 2016/680 [LED].
Amendment 132 #
Proposal for a regulation Article 2 – paragraph 1 This Regulation applies to air carriers conducting scheduled or non-scheduled flights into the Union. General aviation shall be exempted from this Regulation.
Amendment 133 #
Proposal for a regulation Article 2 – paragraph 1 This Regulation applies to air carriers conducting scheduled or non-scheduled flights into the Union and within the Union.
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 1 This Regulation applies to air carriers conducting scheduled or non-scheduled
Amendment 135 #
Proposal for a regulation Article 2 – paragraph 1 a (new) This Regulation does not apply to transit or connecting flights which will not entail an entry check at the external borders of the Union.
Amendment 136 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘air carrier’ means an air transport undertaking as defined in Article 3, point 1, of Directive (EU) 2016/681 , other than air transport undertakings performing general aviation operations;
Amendment 137 #
Proposal for a regulation Article 3 – paragraph 1 – point a a (new) (aa) 'general aviation' means all civil aviation operations other than scheduled air services and non-scheduled air transport operations for remuneration or hire as defined in the classification of the International Civil Aviation Organization (ICAO);
Amendment 138 #
Proposal for a regulation 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 139 #
Proposal for a regulation Article 3 – paragraph 1 – point b a (new) (ba) ‘extra-EU flights’ means any flight as defined in Article 3, point (2), of Directive (EU) 2016/681;
Amendment 140 #
Proposal for a regulation Article 3 – paragraph 1 – point b b (new) (bb) ‘intra-EU flight’ means any flight as defined in Article 3, point (3), of Directive (EU) 2016/681;
Amendment 141 #
Proposal for a regulation Article 3 – paragraph 1 – point c Amendment 142 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘scheduled flight’ means a commercial flight that operates according to a fixed timetable, for which tickets can be purchased by the general public;
Amendment 143 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘non-scheduled flight’ means a commercial flight or private flight that does not operate according to a fixed timetable and that is not necessarily part of a regular or scheduled route;
Amendment 144 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘non-scheduled flight’ means a commercial flight that does not operate according to a fixed timetable and that is not necessarily part of a regular or scheduled route;
Amendment 145 #
Proposal for a regulation 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 146 #
Proposal for a regulation Article 3 – paragraph 1 – point h (h) ‘passenger’ means any person, excluding members of the crew, unless they are off duty, carried or to be carried in an aircraft with the consent of the air carrier, such consent being manifested by that person's registration in the passengers list;
Amendment 147 #
Proposal for a regulation Article 3 – paragraph 1 – point j Amendment 148 #
Proposal for a regulation Article 3 – paragraph 1 – point j Amendment 149 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) ‘Advance Passenger Information data’ or ‘API data’ means the
Amendment 150 #
Proposal for a regulation Article 3 – paragraph 1 – point l (l) ‘Passenger Information Unit’ or ‘PIU’ means the competent authority referred to in Article 3, point
Amendment 151 #
1. Air carriers shall collect API data of travellers, consisting of the traveller data and the flight information specified in paragraphs 2 and 3 of this Article, respectively, on the flights referred to in Article 2, for the purpose of transferring that API data to the router in accordance with Article 6. Where the flight is code- shared between one or more air carriers, the obligation to transfer the API data shall be on the air carrier that operates the flight.
Amendment 152 #
Proposal for a regulation Article 4 – paragraph 1 1. Air carriers shall collect API data of travellers, consisting of the traveller data and the flight information specified in paragraphs 2 and 3 of this Article, respectively, on the flights referred to in Article 2, for the purpose of transferring that API data to the router in accordance with Article 6. Where the flight is code- shared between one or more air carriers, the obligation to transfer the API data shall be on the air carrier that operates the flight.
Amendment 153 #
1. Air carriers shall collect API data of
Amendment 154 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The API data shall consist only of the following traveller data relating to each traveller on the flight:
Amendment 155 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The API data shall consist of the following
Amendment 156 #
Proposal for a regulation Article 4 – paragraph 2 – point e Amendment 157 #
Proposal for a regulation Article 4 – paragraph 2 – point e Amendment 158 #
Proposal for a regulation Article 4 – paragraph 2 – point g (g)
Amendment 159 #
Proposal for a regulation Article 4 – paragraph 2 – point g (g)
Amendment 160 #
Proposal for a regulation Article 4 – paragraph 2 – point h (h)
Amendment 161 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. The API data shall also consist of the following flight information relating to the flight of each
Amendment 162 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) the flight identification number or, where the flight is code-shared between one or more air carriers, the, flights identification numbers, or if no such number exists, other clear and suitable means to identify the flight;
Amendment 163 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Air carriers shall collect the alphanumerical 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. Air carriers shall collect that data during the check-in procedures, either as part of the online check-in or as part of the check-in at the airport. 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. Specifically, the collection of API data with automated means shall not lead to the collection of any biometric data from the travel document.
Amendment 164 #
Proposal for a regulation 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 165 #
Proposal for a regulation 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
Amendment 166 #
2a. Where air carriers provide an online check-in process, they shall enable passengers to provide the API data referred to in Article 4(2), points (a) to (d) during the online check-in process, either manually or using automated means.
Amendment 167 #
Proposal for a regulation Article 5 – paragraph 3 3. Any automated means used by air carriers to collect API data under this Regulation shall be reliable, secure and up- to-date. Any personal data that is processed in connection with such automated means shall be used exclusively for the purpose of providing API data and not processed further.
Amendment 168 #
Proposal for a regulation Article 5 – paragraph 3 3. Any automated means used by air carriers to collect API data under this Regulation shall be reliable, secure and up- to-date.
Amendment 169 #
Proposal for a regulation 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 170 #
Proposal for a regulation Article 6 – paragraph 1 1. Air carriers shall transfer the encrypted API data to the router by electronic means. They shall do so in a way that ensures the confidentiality, integrity and authenticity of data and in accordance with the detailed rules referred to in paragraph 3, where such rules have been adopted and are applicable.
Amendment 171 #
Proposal for a regulation Article 6 – paragraph 1 1. Air carriers shall transfer the encrypted API data to the router by electronic means. They shall do so in accordance with the detailed rules referred to in paragraph 3,
Amendment 172 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. The router shall verify whether the API data transferred to it in accordance with paragraph 1 complies with the detailed rules on the supported data formats. Where the router has verified that the data is not compliant with the detailed rules, the router shall, immediately and in an automated manner, notify the air carrier concerned.
Amendment 173 #
Proposal for a regulation Article 6 – paragraph 3 3. The Commission is empowered to
Amendment 174 #
Proposal for a regulation 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 encrypted transfers of API data to the router referred to in paragraph 1, including the use of interactive API for the transfer of API data at the moment of check-in.
Amendment 175 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. eu-LISA shall ensure that API data is encrypted during transfer to the router.
Amendment 176 #
Proposal for a regulation Article 7 – paragraph 1 The competent border authorities shall process API data, transferred to them in accordance with this Regulation, solely for the purposes referred to in Article 1. The competent border authorities shall under no circumstances process API data for the purposes of profiling.
Amendment 177 #
Proposal for a regulation 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 178 #
Proposal for a regulation Article 7 – paragraph 1 The competent border authorities shall
Amendment 179 #
Proposal for a regulation Article 7 – paragraph 1 a (new) The competent border authorities shall under no circumstances process API data for the purposes of profiling.
Amendment 180 #
Proposal for a regulation Article 8 – paragraph 1 1. Air carriers shall store, for a time period of 24
Amendment 181 #
Proposal for a regulation Article 8 – paragraph 1 1. Air carriers shall store, for a time period of 24
Amendment 182 #
Proposal for a regulation Article 8 – paragraph 1 1. Air carriers shall store, for a time period of 24
Amendment 183 #
Proposal for a regulation Article 8 – paragraph 1 1. Air carriers shall store, for a time period of 24
Amendment 184 #
Proposal for a regulation Article 8 – paragraph 1 1. Air carriers shall store, for a time period of
Amendment 185 #
Proposal for a regulation Article 8 – paragraph 2 2. The competent border authorities and the competent immigration authorities shall store, for a time period of
Amendment 186 #
Proposal for a regulation Article 8 – paragraph 2 2. The competent border authorities shall store, for a time period of 24
Amendment 187 #
Proposal for a regulation Article 8 – paragraph 2 2. The competent border authorities shall store, for a time period of
Amendment 188 #
Proposal for a regulation Article 8 – paragraph 2 2. The competent border authorities shall store, for a time period of 24
Amendment 189 #
Proposal for a regulation Article 8 – paragraph 2 2. The competent border authorities shall store, for a time period of 24
Amendment 190 #
Proposal for a regulation Article 8 – paragraph 3 3. Where an air carrier or competent border authority becomes aware that the data that it has collected, transferred or received under
Amendment 191 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3a. Where an air carrier or competent border authority becomes aware that the data that it has collected, transferred or received under this Regulation was processed unlawfully or that the data does not constitute API data, it shall immediately and permanently delete that API data.
Amendment 192 #
Proposal for a regulation Article 8 a (new) Amendment 193 #
Proposal for a regulation Article 8 a (new) Article8a Non-discrimination and fundamental rights Processing of personal data in accordance with this Regulation and Regulation (EU)[API law enforcement] shall not have the effect of discrimination against data subjects on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity and fundamental rights, including the right to respect for respect for private and family life and to the protection of personal data and including the right to travel as enshrined in Article 13 of the Universal Declaration of Human Rights . Particular attention shall be paid to children, the elderly and persons with a disability. The best interests of the child shall be a primary consideration.
Amendment 194 #
Proposal for a regulation Article 8 b (new) Article8b The processing of personal data in accordance with this Regulation and Regulation (EU)[API law enforcement] shall not hamper the right to request asylum, guaranteed by Article 18 of the EU Charter of Fundamental Rights.
Amendment 195 #
Proposal for a regulation Article 8 c (new) Article8c Member States shall ensure that the persons affected by the measures provided for under this Regulation have the right to an effective legal remedy in order to uphold their rights.
Amendment 196 #
Proposal for a regulation Article 9 – paragraph 1 1. eu-LISA shall design, develop, host and technically manage, in accordance with Articles 22 and 23, a router for the purpose of facilitating the transfer of API data by the air carriers to the competent border authorities and to the PIUs in accordance with this Regulation
Amendment 197 #
Proposal for a regulation Article 9 – paragraph 2 – point b (b) a secure communication channel between the central infrastructure and the competent border authorities and the PIUs, and a secure communication channel between the central infrastructure and the air carriers, for the transfer and transmission of API data and for any communications relating thereto.
Amendment 198 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. The router shall ensure that all transfers to and from the router guarantee the confidentiality, integrity and authenticity of the data transferred.
Amendment 199 #
Proposal for a regulation Article 9 – paragraph 2 b (new) 2b. The router shall automatically extract and make available to eu-LISA the statistics in accordance with Article 31.
Amendment 200 #
Proposal for a regulation Article 9 – paragraph 3 3. Without prejudice to Article 10 of this Regulation, the router shall, to the extent technically possible, share and re- use the technical components, including hardware and software components, of the web service referred to in Article 13 of
Amendment 201 #
Proposal for a regulation Article 9 – paragraph 3 3. Without prejudice to Article 10 of this Regulation, the router
Amendment 202 #
Proposal for a regulation Article 9 – paragraph 3 3. Without prejudice to Article 10 of this Regulation, the router shall, to the extent technically possible, share and re- use the
Amendment 203 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. eu-LISA shall design and develop the router in a way that for any transfer of API data from the air carriers to the router in accordance with Article 6, and for any transmission of API data from the router to the competent border authorities in accordance with Article 11 and to the central repository for reporting and statistics in accordance with Article 31(2), the API data is encrypted during transit.
Amendment 204 #
Proposal for a regulation 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. Air carriers shall also use the router to transfer passenger name record data in accordance with Article 8 of Directive (EU) 2016/681, and PIUs shall receive PNR data only through the router. To that end, this Regulation and Regulation (EU) [API law enforcement] shall apply to passenger name record data mutatis mutandis.
Amendment 205 #
Proposal for a regulation 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 206 #
Proposal for a regulation Article 10 – paragraph 1 Amendment 207 #
Proposal for a regulation Article 10 – paragraph 1 The router shall only be used by air carriers to transfer encrypted API data and by competent border authorities and PIUs to receive encrypted API
Amendment 208 #
Proposal for a regulation Article 10 – paragraph 1 The router shall only be used by air carriers to transfer encrypted API data and by competent border authorities and PIUs to receive encrypted API data, in accordance with this Regulation and Regulation (EU) [API law enforcement], respectively.
Amendment 209 #
Proposal for a regulation Article 10 a (new) Amendment 210 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 Amendment 211 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 The router shall, immediately and in an automated manner, transmit the API data, transferred to it pursuant to Article 6, to the competent border authorities of the Member State referred to in Article 4(3), point (c). It shall do so in accordance with the detailed rules referred to in paragraph 4 of this Article,
Amendment 212 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 2 Amendment 213 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 2 For the purpose of such transmission, eu-
Amendment 214 #
Proposal for a regulation 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 215 #
Proposal for a regulation Article 11 – paragraph 3 3. The Member States shall ensure that only the duly authorised staff of the
Amendment 216 #
Proposal for a regulation Article 11 – paragraph 3 3. The Member States shall ensure that only the duly authorised and trained staff of the competent border authorities have access to the API data transmitted to them through the router. They shall lay down the necessary rules to that effect. Those rules shall include rules on the creation and regular update of a list of those staff and their profiles.
Amendment 217 #
Proposal for a regulation 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 218 #
Proposal for a regulation 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 encrypted API data from the router referred to in paragraph 1.
Amendment 219 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part API data, transferred to the router pursuant to this Regulation and Regulation (EU) [API law enforcement], shall be stored on the router only insofar as necessary to complete the transmission to the relevant competent borders authorities or PIUs, as applicable, in accordance with those Regulations and shall be deleted from the router, immediately, permanently and in an automated manner
Amendment 220 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part API data, transferred to the router pursuant to this Regulation
Amendment 221 #
Proposal for a regulation Article 12 – paragraph 1 – point a Amendment 222 #
Proposal for a regulation Article 12 – paragraph 1 – point a (a) where the transmission of the API data to the relevant competent border authorities
Amendment 223 #
Proposal for a regulation Article 12 – paragraph 1 – point a a (new) (aa) in cases of technical impossibility of the router to subsequently transmit the API data to the competent national authorities, after 12 hours;
Amendment 224 #
Proposal for a regulation Article 12 – paragraph 1 – point a a (new) (aa) in cases of technical impossibility of the router to subsequently transmit the API data to the competent national authorities, after 12 hours;
Amendment 225 #
Proposal for a regulation 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 226 #
Proposal for a regulation Article 12 – paragraph 1 – point b Amendment 227 #
Proposal for a regulation Article 12 – paragraph 1 – point b Amendment 228 #
eu-LISA shall keep logs of all processing operations relating to the transfer of API data through the router under this Regulation
Amendment 229 #
Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 – point b (b) the competent border authorities
Amendment 230 #
Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 – point c (c) the date and time of the transfers referred to in points (a) and (b), and
Amendment 231 #
Proposal for a regulation Article 13 – paragraph 2 2. Air carriers shall create logs of all processing operations under this Regulation undertaken by using the automated means referred to in Article 5(2). Those logs shall cover the date, time and place of transfer of the API data. Those logs shall not contain any personal data.
Amendment 232 #
Proposal for a regulation Article 13 – paragraph 3 3. The logs referred to in paragraphs 1 and 2 shall be used only for ensuring the security and integrity of the API data and the lawfulness of the processing, in particular as regards compliance with the requirements set out in this Regulation
Amendment 233 #
Proposal for a regulation 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 234 #
Proposal for a regulation Article 13 – paragraph 5 – subparagraph 2 However, if those logs are needed for procedures for monitoring or ensuring the security and integrity of the API data or the lawfulness of the processing operations, as referred to in paragraph 2, and these procedures have already begun at the moment of the expiry of the time period referred to in the first subparagraph, eu- LISA and the air carriers
Amendment 235 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 During the time period between those
Amendment 236 #
Proposal for a regulation 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.
Amendment 237 #
Proposal for a regulation 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.
Amendment 238 #
Proposal for a regulation Article 15 – paragraph 1 The competent border authorities shall be controllers, within the meaning of Article 4, point (7), of Regulation (EU) 2016/679, in relation to the processing of API data constituting personal data through the router , including the transmission of the data from the router to the authorities and the storage for technical reasons of that data in the router, as well as in relation to their processing of API data constituting personal data referred to in Article 7 of this Regulation.
Amendment 239 #
Proposal for a regulation Article 15 – paragraph 1 The competent border authorities shall be controllers, within the meaning of Article 4, point (7), of Regulation (EU) 2016/679, in relation to the processing of API data
Amendment 240 #
Proposal for a regulation Article 15 – paragraph 2 The air carriers shall be controllers, within the meaning of Article 4, point (7), of Regulation (EU) 2016/679, for the processing of API data
Amendment 241 #
Proposal for a regulation Article 16 – paragraph 1 eu-LISA shall be the processor on behalf of the competent border authorities within the meaning of Article 3, point (12), of Regulation (EU) 2018/1725 for the processing of API data constituting personal data through the router in accordance with this Regulation
Amendment 242 #
eu-LISA shall be the processor within the meaning of Article 3, point (12), of Regulation (EU) 2018/1725 for the processing of API data
Amendment 243 #
Proposal for a regulation Article 16 a (new) Article16a Information to travellers In accordance with the right of information in Article 13 of Regulation (EU) 2016/679, air carriers shall provide travellers, on flights covered by this Regulation, with information on the purpose of the collection of personal data, the type of data collected, the recipients of the personal data and the means to exercise the data subject rights. This information should be communicated to travellers in writing and in an easily accessible format at the moment of booking and at the moment of check-in, irrespective of the means used to collect the data at the moment of check-in in accordance with Article 5.
Amendment 244 #
Proposal for a regulation Article 17 – paragraph 1 1. eu-LISA shall ensure the security of the API data
Amendment 245 #
Proposal for a regulation Article 17 – paragraph 1 1. eu-LISA shall ensure the security and encryption of the API data, in particular API data constituting personal data, that it processes pursuant to this Regulation and Regulation (EU) [API law enforcement]. The competent border authorities and the air carriers shall ensure the security of the API data, in particular API data constituting personal data, that they process pursuant to this Regulation. eu-LISA, the competent border authorities and the air carriers shall cooperate, in accordance with their respective responsibilities and in compliance with Union law, with each other to ensure such security.
Amendment 246 #
Proposal for a regulation Article 17 – paragraph 1 1. eu-LISA shall ensure the security of the API data, in particular API data constituting personal data, that it processes pursuant to this Regulation
Amendment 247 #
Proposal for a regulation Article 17 – paragraph 2 – subparagraph 1 – introductory part In particular, eu-LISA shall take the necessary measures to ensure the security of the router and the API data
Amendment 248 #
Proposal for a regulation Article 18 – paragraph 1 The air carriers and competent authorities shall monitor their compliance with their respective obligations under this Regulation
Amendment 249 #
Proposal for a regulation Article 19 – paragraph 1 1. The competent national data protection independent supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 shall ensure that an audit of processing operations of API data
Amendment 250 #
Proposal for a regulation Article 19 – paragraph 2 2. The European Data Protection Supervisor shall ensure that an audit of processing operations of API data constituting personal data performed by eu- LISA for the purposes of this Regulation
Amendment 251 #
Proposal for a regulation Article 20 – paragraph 1 – subparagraph 1 Member States shall ensure that their competent border authorities are connected to the router. They shall ensure that the competent border authorities’ systems and infrastructure for the reception of API data transferred pur
Amendment 252 #
Proposal for a regulation 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 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 254 #
Proposal for a regulation Article 22 – paragraph 3 3. eu-LISA shall ensure that the router is designed and developed in such a
Amendment 255 #
Proposal for a regulation Article 22 – paragraph 3 3. eu-LISA shall ensure that the router is designed and developed in such a manner that the router provides the functionalities specified in this Regulation
Amendment 256 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 eu-LISA shall be responsible for the
Amendment 257 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 2 The technical management of the router shall consist of carrying out all the tasks and enacting all technical solutions necessary for the proper functioning of the router in accordance with this Regulation,
Amendment 258 #
Proposal for a regulation Article 24 – paragraph 1 1. eu-LISA shall, upon their request, provide training to competent border authorities, PIUs and other relevant Member States’ authorities and air carriers on the technical use of the router and on the connection and integration to the router.
Amendment 259 #
Proposal for a regulation Article 24 – paragraph 2 2. eu-LISA shall provide support to the competent border authorities and PIUs regarding the reception of API data through the router pursuant to this Regulation
Amendment 260 #
Proposal for a regulation Article 25 – paragraph 1 1. Costs incurred by eu-LISA in relation to the design, development, hosting and technical management of the router under this Regulation and Regulation (EU) [API law enforcement]
Amendment 261 #
Proposal for a regulation Article 25 – paragraph 1 1. Costs incurred by eu-LISA, the European Data Protection Supervisor, the national supervisory authorities in relation to the design, development, hosting and technical management of the router under this Regulation and Regulation (EU) [API law enforcement] shall be borne by the general budget of the Union.
Amendment 262 #
Proposal for a regulation Article 25 – paragraph 1 1. Costs incurred by eu-LISA in relation to the design, development, hosting and technical management of the router under this Regulation
Amendment 263 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. Costs incurred by the European Data Protection Supervisor in relation to the tasks entrusted to it under this Regulation shall be borne by the general budget of the Union.
Amendment 264 #
Proposal for a regulation Article 25 – paragraph 2 b (new) 2b. Costs incurred by independent national supervisory authorities in relation to the tasks entrusted to them under this Regulation shall be borne by the Member States.
Amendment 265 #
Proposal for a regulation Article 28 – title Voluntary use of the router in application of Directive 2004/8
Amendment 266 #
Proposal for a regulation Article 29 – paragraph 3 3. Member States shall, by the date of application of this Regulation referred to in Article
Amendment 267 #
Proposal for a regulation Article 30 – paragraph 2 a (new) Member States shall ensure that a systematic or persistent failure to comply with the obligations set in this Regulation, including fundamental rights obligations, is subject to financial penalties of up to EUR 10 billion, notwithstanding the Member States’ right to impose non- financial penalties in addition.
Amendment 268 #
Proposal for a regulation Article 31 – paragraph 1 1.
Amendment 269 #
Proposal for a regulation 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
Amendment 270 #
Proposal for a regulation 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
Amendment 271 #
Proposal for a regulation Article 31 – paragraph 1 1.
Amendment 272 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 273 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 274 #
Proposal for a regulation Article 31 – paragraph 2 2.
Amendment 275 #
Proposal for a regulation Article 31 – paragraph 3 3. At the end of each year, to support the implementation and supervision of this Regulation, eu-LISA shall compile statistical data in an annual report for that year. It shall publish that annual report and transmit it to the European Parliament, the Council, the Commission, the European Data Protection Supervisor,
Amendment 276 #
Proposal for a regulation Article 31 – paragraph 4 4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the implementation of this Regulation and Regulation (EU) [API Law enforcement]
Amendment 277 #
Proposal for a regulation Article 31 – paragraph 4 4. At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the implementation of this Regulation
Amendment 278 #
Proposal for a regulation Article 31 – paragraph 5 – introductory part 5.
Amendment 279 #
Proposal for a regulation Article 31 – paragraph 5 – introductory part 5. eu-LISA shall have the right to access the following API data transmitted through to the router, solely for the purposes of the reporting referred to in Article 38 and for generating statistics in accordance with the present Article, without
Amendment 280 #
Proposal for a regulation Article 31 – paragraph 5 – introductory part 5.
Amendment 281 #
Proposal for a regulation Article 31 – paragraph 5 – point a Amendment 282 #
Proposal for a regulation Article 31 – paragraph 5 – point b (b) the nationality, sex and year of birth of
Amendment 283 #
Proposal for a regulation Article 31 – paragraph 5 – point b (b) the nationality
Amendment 284 #
Proposal for a regulation Article 31 – paragraph 5 – point c (c) the
Amendment 285 #
Proposal for a regulation Article 31 – paragraph 5 – point d (d) the type of the travel document and the three letter code of the issuing country
Amendment 286 #
Proposal for a regulation Article 31 – paragraph 5 – point e (e) the number of
Amendment 287 #
Proposal for a regulation Article 31 – paragraph 5 – point g Amendment 288 #
Proposal for a regulation Article 31 – paragraph 5 – subparagraph 1 (new) Nothing in this paragraph shall affect the anonymous nature of the statistical data.
Amendment 289 #
Proposal for a regulation Article 31 – paragraph 6 Amendment 290 #
Proposal for a regulation Article 31 – paragraph 6 Amendment 291 #
Proposal for a regulation Article 31 – paragraph 6 6. For the
Amendment 292 #
Proposal for a regulation Article 31 – paragraph 6 6. For the the purposes of the reporting referred to in Article 38 and for generating statistics in accordance with the present Article, eu-LISA shall store the data referred to in paragraph 5 of this Article in the central repository for reporting and statistics established by Article 39 of Regulation (EU) 2019/817. The c
Amendment 293 #
Proposal for a regulation Article 31 – paragraph 6 a (new) 6a. The use of the data referred to in paragraph 5 of this Article for automated or non-automated risk analysis, profiling or predictive risk assessment shall be prohibited.
Amendment 294 #
Proposal for a regulation Article 31 – paragraph 7 Amendment 295 #
Proposal for a regulation Article 31 – paragraph 7 a (new) 7a. The use of statistical data referred to in this Article for risk analysis, profiling or predictive risk assessment shall be prohibited.
Amendment 296 #
The Commission shall, in close cooperation with the competent border authorities, other relevant Member States’ authorities, the air carriers and relevant Union agencies, in particular the European Data Protection Supervisor and the Fundamental Rights Agency, prepare and make publicly available a practical handbook, containing guidelines, recommendations and best practices for the implementation of this Regulation, including on fundamental rights compliance as well as on penalties in accordance with Article 30.
Amendment 297 #
Proposal for a regulation Article 32 – paragraph 1 The Commission shall, in close cooperation with the competent border authorities, other relevant Member States’ authorities, the air carriers and relevant Union agencies, in particular the European Data Protection Supervisor and the Fundamental Rights Agency, prepare and make publicly available a practical handbook, containing guidelines, recommendations and best practices for the implementation of this Regulation.
Amendment 298 #
Proposal for a regulation Article 32 a (new) Article32a API Contact Group 1. An API Contact Group shall be established with effect from [one month after the entry into force of this Regulation] in accordance with the horizontal rules on the creation and operation of Commission expert groups. It shall facilitate cooperation and the exchange of information on obligations stemming from and issues relating to this Regulation among Member States, EU institutions and stakeholders. 2. The API Contact Group shall be composed of representatives of the European Commission, of Member States’ relevant authorities, of the European Parliament and of eu-LISA. Where relevant for the performance of its tasks, the API Contact Group may invite relevant stakeholders, in particular representatives of air carriers, the EDPS and the independent national supervisory authorities, to participate in its work. The Commission’s representative shall chair the API Contact Group.
Amendment 299 #
Proposal for a regulation Article 34 – paragraph 1 – point 3 – point b Regulation (EU) 2018/1726 Article 19 – paragraph 1 – point ff – indent 6 (6) the interoperability components pursuant to Article 78(3) of Regulation (EU) 2019/817, Article 74(3) of Regulation
Amendment 300 #
Proposal for a regulation Article 35 Regulation (EU) 2019/817 Article 39 paragraph 1 and 2 Amendment 301 #
Proposal for a regulation Article 35 Regulation (EU) 2019/817 Article 39 – paragraphs 1 and 2 A
Amendment 302 #
Proposal for a regulation Article 38 – paragraph 2 2. By [one year after the date of entry into force of this Regulation] and every year thereafter during the development phase of the router, eu-LISA shall produce a report, and submit it to the European Parliament and to the Council on the state of play of the development of the router. That report shall contain detailed information about the costs incurred and about any risks which may impact the overall costs to be borne by the general budget of the Union in accordance with Article 25. From the date at which the router starts operations and every year thereafter, the Commission shall assess whether the budget under the MFF budget line 4.11.10.02 (“eu-LISA”) covers the needs necessary for good design, development, hosting and technical management of the router and, if appropriate, immediately propose amendment to the budget appropriations.
Amendment 303 #
Proposal for a regulation Article 38 – paragraph 4 – introductory part 4. By [four years after the date of entry into force of this Regulation ] and every four years thereafter, the Commission shall produce a report containing an overall evaluation of this Regulation, demonstrating the necessity and added value of the collection of API data, including an assessment of:
Amendment 304 #
Proposal for a regulation Article 38 – paragraph 4 – point c a (new) (ca) the impact of this Regulation on the travel experience of legitimate passengers.
Amendment 305 #
Proposal for a regulation Article 38 – paragraph 4 – point c b (new) (cb) the impact of this Regulation on the competitiveness of the aviation sector and the burden incurred by businesses. The Commission’s report shall also address this Regulation’s interaction with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008, with a view to assess the overall impact of related reporting obligations on air carriers, identify provisions that may be updated and simplified, where appropriate, to mitigate the burden on air carriers, and consider actions and measures that could be taken to reduce the total cost pressure on air carriers.
Amendment 306 #
Proposal for a regulation Article 38 – paragraph 6 6. The Member States and air carriers shall, upon request, provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 2, 3 and 4
Amendment 307 #
Proposal for a regulation Article 38 – paragraph 6 6. The Member States and air carriers shall, upon request, provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 2, 3 and 4, including information not constituting personal data related to the results of the pre-checks of Union information systems and national databases at the external borders with API data. In particular, Member States shall provide quantitative and qualitative information on the necessity and added value of the collection of API data from an operational perspective. However, Member States may refrain from providing such information if, and to the extent necessary not to disclose confidential working methods or jeopardise ongoing investigations of the competent border authorities. The Commission shall ensure that any confidential information
Amendment 69 #
Proposal for a regulation Recital 1 (1) The carrying-out of checks of persons at the external borders significantly contributes to guaranteeing the long-term security of the Union, Member States and its citizens and, as such, remains an important safeguard, especially in the area without internal border control (‘the Schengen area’).
Amendment 70 #
Proposal for a regulation Recital 2 (2) The use of
Amendment 71 #
Proposal for a regulation Recital 2 (2) The use of
Amendment 72 #
Proposal for a regulation Recital 2 (2) The use of traveller data and flight information transferred ahead of the arrival of travellers, known as advance passenger information (‘API’) data, contributes to the speeding up of the process of carrying out the required checks during the border- crossing process. For the purposes of this Regulation that process concerns, more specifically, the crossing of borders between a third country or a Member State not participating in this Regulation,
Amendment 73 #
Proposal for a regulation Recital 4 (4) The existing legal framework should therefore be updated and replaced to ensure that the rules regarding the collection and transfer of API data
Amendment 74 #
Proposal for a regulation Recital 5 (5) In order to ensure as consistent approach a
Amendment 75 #
Proposal for a regulation Recital 6 (6) The collection and transfer of API data affects the privacy of individuals and entails the processing of their personal data. In order to fully respect their fundamental rights, in particular the right of respect for private life and the right to the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union (‘Charter’), adequate limits and safeguards should be provided for. In particular, any processing of API data and, in particular, API data constituting personal data, should remain strictly limited to what is necessary for and proportionate to achieving the objectives pursued by this Regulation. In addition, it should be ensured that the
Amendment 76 #
Proposal for a regulation Recital 7 (7) In order to achieve its objectives, this Regulation should apply to all c
Amendment 77 #
Proposal for a regulation Recital 7 (7) In order to achieve its objectives, this Regulation should apply to all air carriers conducting flights into the Union, as defined in this Regulation, covering both scheduled and non-scheduled flights, irrespective of the place of establishment of the air carriers conducting those flights.
Amendment 78 #
Proposal for a regulation Recital 7 a (new) (7a) For transit passengers whose initial point of departure and final destination are outside of the territory of the Member States participating in this Regulation, and who therefore will not cross the external borders, air carriers should not be under the obligation to transfer API data.
Amendment 79 #
Proposal for a regulation Recital 7 a (new) (7a) For transit passengers whose initial point of departure and final destination are outside of the territory of the Member States participating in this Regulation, and who therefore will not cross the external borders, air carriers should not be under the obligation to transfer API data.
Amendment 80 #
Proposal for a regulation Recital 8 (8) In the interest of effectiveness and legal certainty, the items of information that jointly constitute the API data to be collected and subsequently transferred under this Regulation should be listed clearly and exhaustively, covering both information relating to each traveller and information on the flight of that traveller. Such flight information should cover information on the border crossing point of entry into the territory of the Member State concerned in all cases covered by this Regulation, but that information should be collected only where applicable under
Amendment 81 #
Proposal for a regulation Recital 8 (8) In the interest of effectiveness and legal certainty, the items of information that jointly constitute the API data to be collected and subsequently transferred under this Regulation should be listed clearly and exhaustively, covering both information relating to each traveller and information on the flight
Amendment 82 #
Proposal for a regulation Recital 8 (8) In the interest of effectiveness and legal certainty, the items of information that jointly constitute the API data to be collected and subsequently transferred
Amendment 83 #
Proposal for a regulation Recital 9 (9) In order to allow for flexibility and innovation, it should in principle be left to each air carrier to determine how it meets its obligations regarding the collection of API data set out in this Regulation. However, considering that suitable technological solutions exist that allow collecting certain API data automatically while guaranteeing that the API data concerned is accurate, complete and up-to- date, and having regard to the advantages of the use of such technology in terms of effectiveness and efficiency, air carriers should be required to collect th
Amendment 84 #
Proposal for a regulation Recital 10 (10)
Amendment 85 #
Proposal for a regulation Recital 10 (10) Automated means enable
Amendment 86 #
Proposal for a regulation Recital 10 (10) Automated means enable travellers to provide certain API data themselves during an online check-in process. Such means could, for example, include a secure app on a travellers’ smartphone, computer or webcam with the capability to read the machine-readable data of the travel document. Where the travellers did not check-in online, air carriers should
Amendment 87 #
Proposal for a regulation Recital 11 (11) The Commission should be empowered to adopt technical requirements and procedural rules that air
Amendment 88 #
Proposal for a regulation Recital 11 (11) The Commission should be empowered to adopt technical requirements and procedural rules that air carriers
Amendment 89 #
Proposal for a regulation Recital 12 (12) In view of the advantages offered by using automated means for the collection of machine-readable API data and the clarity resulting from the technical requirements in that regard to be adopted
Amendment 90 #
Proposal for a regulation Recital 12 a (new) (12a) The automatic data collection systems and other processes established under this Regulation should not negatively impact the employees in the aviation industry, who should benefit from upskilling and reskilling opportunities that would increase the efficiency and reliability of data collection and transfer as well as the working conditions in the sector.
Amendment 91 #
Proposal for a regulation Recital 13 (13) In view of ensuring that the pre- checks carried out in advance by competent border authorities are effective and efficient, the API data transferred to those authorities should contain data of travellers that are effectively set to cross the external borders, that is, of travellers that are effectively on board of the aircraft. Therefore, the air carriers should transfer API data directly after flight closure. Moreover, API data helps the competent border authorities to
Amendment 92 #
Proposal for a regulation Recital 13 (13) In view of ensuring that the pre- checks carried out in advance by competent border authorities are effective and efficient, the API data transferred to those authorities should contain data of travellers that are effectively set to cross the external borders, that is, of travellers that are effectively on board of the aircraft. Therefore, the air carriers should transfer API data directly after flight closure. Moreover, API data helps the competent border authorities to distinguish legitimate travellers from travellers who may be of interest and therefore may require additional verifications, which would necessitate further coordination and preparation of follow-up measures to be taken upon arrival. That could occur, for example, in cases of unexpected number of travellers of interest whose physical checks at the borders could adversely affect the border checks and waiting times at the borders of other legitimate travellers. To provide the competent border authorities with an opportunity to prepare adequate and proportionate measures at the border, such as temporarily reinforcing or reaffecting staff, particularly for flights where the time between the flight closure and the arrival at the external borders is insufficient to allow the competent border authorities to prepare the most appropriate response, API data should also be transmitted prior to boarding, at the moment of check-in of each traveller. The use of an interactive API should not lead to an automated denial of boarding.
Amendment 93 #
Proposal for a regulation Recital 13 (13) In view of ensuring that the pre- checks carried out in advance by competent border authorities are effective and efficient, the API data transferred to those authorities should contain data of
Amendment 94 #
Proposal for a regulation Recital 13 a (new) (13a) With a view to guaranteeing the fulfilment of the rights provided for under the Charter of Fundamental Rights and to ensuring accessible and inclusive travel options, especially for vulnerable groups and persons with disabilities, air carriers, supported by the Member States, should ensure that an offline alternative for the check-in and for the provision of the necessary data by the passengers is possible at all times.
Amendment 95 #
Proposal for a regulation 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 96 #
Proposal for a regulation Recital 15 (15) In order to avoid any risk of misuse and in line with the principle of purpose limitation, the competent border authorities should be expressly precluded from processing the API data that they receive under this Regulation for any other purpose than
Amendment 97 #
Proposal for a regulation Recital 15 a (new) (15a) This Regulation should be subject to regular evaluations to ensure the monitoring of its effective application. In particular, the collection of API data should not be to the detriment of the travel experience of legitimate passengers. Therefore, the Commission should include in its regular evaluation reports on the application of this Regulation an assessment of the impact of this Regulation on the travel experience of legitimate passengers.
Amendment 98 #
Proposal for a regulation Recital 15 b (new) (15b) Given that this Regulation requires additional adjustment and administrative costs by the air carriers, the overall regulatory burden for the aviation sector should be kept under close review. Against this backdrop, the report evaluating the functioning of this Regulation should assess the extent to which the objectives of the Regulation have been met and to which extent it has impacted the competitiveness of the sector. Therefore, the Commission’s report should also conduct a holistic assessment and refer to the interaction of this Regulation with other relevant EU legislative acts, notably Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) 767/2008. The report should assess the overall impact of related reporting obligations on air carriers, identifying provisions that may be updated and simplified, where appropriate, to mitigate the burden on air carriers, as well as actions and measures that have been or could be taken to reduce the total cost pressure on the aviation sector.
Amendment 99 #
Proposal for a regulation Recital 16 (16) To ensure that competent border authorities have sufficient time to carry out pre-checks effectively on all
source: 752.817
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Repealing Directive 2004/82
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Repealing Directive 2004/82 2003/0809(CNS) Amending Regulation 2018/1726 2017/0145(COD) Amending Regulation 2019/817 2017/0351(COD)
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2003/0809(CNS)
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Amending Regulation 2018/1726
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2017/0145(COD)
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Amending Regulation 2019/817
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2017/0351(COD)
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External borders crossing and controls, visas
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Migration policy
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https://www.europarl.europa.eu/doceo/document/A-9-2023-0409_EN.html
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https://www.europarl.europa.eu/doceo/document/A-9-2023-0409_EN.html
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Old
Collection and transfer of advance passenger information (API) for enhancing and facilitating external border controlsNew
Collection and transfer of advance passenger information for enhancing and facilitating external border controls |
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Joint Declaration on EU legislative priorities for 2023 and 2024New
Joint Declaration 2023-24 |
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Preparatory phase in ParliamentNew
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False
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