Activities of Josianne CUTAJAR related to 2022/0424(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information (API) for enhancing and facilitating external border controls, amending Regulation (EU) 2019/817 and Regulation (EU) 2018/1726, and repealing Council Directive 2004/82/EC
Amendments (12)
Amendment 13 #
Proposal for a regulation
Recital 9
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 the use of such technology in terms of effectiveness and efficiency, where technically and operationally feasible, air carriers should be required to collect that API data using automated means, by reading information from the machine- readable data of the travel document.
Amendment 14 #
Proposal for a regulation
Recital 12 a (new)
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 16 #
Proposal for a regulation
Recital 13 a (new)
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 20 #
Proposal for a regulation
Recital 17 a (new)
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 22 #
Proposal for a regulation
Recital 28 a (new)
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)
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)
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
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
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 compliance with paragraph 1.
Amendment 32 #
Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
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)
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 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.