BETA

8 Amendments of Assita KANKO related to 2022/0425(COD)

Amendment 99 #
Proposal for a regulation
Recital 24 a (new)
(24a) Furthermore, in order to avoid placing a disproportionate burden on air carriers, a single carrier gateway should allow air carriers to communicate requested information under this Regulation, Regulation (EU) 2017/2226 of the European Parliament and of the Council, Regulation (EU) 2018/1240 of the European Parliament and of the Council, Regulation (EC) 767/2008 of the European Parliament and of the Council and Directive (EU) 2016/681 of the European Parliament and of the Council.
2023/09/06
Committee: LIBE
Amendment 131 #
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 paragraph 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.
2023/09/06
Committee: LIBE
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. The API data shall consist of the following traveller data relating to each traveller on the flight: (a) the surname (family name), first name or names (given names); (b) the date of birth, sex and nationality; (c) the type and number of the travel document and the three-letter code of the issuing country of the travel document; (d) the date of expiry of the validity of the travel document; (e) whether the traveller is a passenger or a crew member (traveller’s status); (f) the number identifying a passenger name record used by an air carrier to locate a passenger within its information system (PNR record locator); (g) the seating information, such as the number of the seat in the aircraft assigned to a passenger, where the air carrier collects such information; (h) baggage information, such as number of checked bags, where the air carrier collects such information.
2023/09/06
Committee: LIBE
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
1b. The API data shall also consist of the following flight information relating to the flight of each traveller: (a) the flight identification number or, if no such number exists, other clear and suitable means to identify the flight; (b) when applicable, the border crossing point of entry into the territory of the Member State; (c) the code of the airport of entry into the territory of the Member State; (d) the initial point of embarkation; (e) the local date and estimated time of departure; (f) the local date and estimated time of arrival.
2023/09/06
Committee: LIBE
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Air carriers shall collect the API data referred to Article 4(2), points (a) to (d), of Regulation (EU) [API border management]in paragraph 1a (new) of this Article 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 paragraph 5, where such rules have been adopted and are applicable.
2023/09/06
Committee: LIBE
Amendment 165 #
Proposal for a regulation
Article 4 a (new)
Article4a The router 1. eu-LISA shall design, develop, host and technically manage a router for the purpose of facilitating the transfer of API data by the air carriers to the PIUs in accordance with this Regulation. 2. The router shall be composed of: (a) a central infrastructure, including a set of technical components enabling the transmission of API data; (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 of API data and for any communications relating thereto. 3. Without prejudice to Article 4b 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 Council35a, the carrier gateway referred to in Article 6(2), point (k), of Regulation (EU) 2018/124035b, and the carrier gateway referred to in Article 2a, point (h), of Regulation (EC) 767/2008 of the European Parliament and of the Council35c. _________________ 35a Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20). 35b Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1). 35c Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
2023/09/06
Committee: LIBE
Amendment 166 #
Proposal for a regulation
Article 4 b (new)
Article4b Exclusive use of the router The router shall only be used: (a) by air carriers to transfer API data or other PNR data in accordance with this Regulation; (b) by PIUs to receive API data or other PNR data in accordance with this Regulation.
2023/09/06
Committee: LIBE
Amendment 230 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Member States shall ensure that the national API supervisory authorities, when deciding whether to impose a penalty and when determining the type and level of penalty, take into account relevant circumstances, which may include: (a) the nature, gravity and duration of the infringement; (b) the degree of the air carrier's fault; (c) previous infringements by the air carrier; (d) the overall level of cooperation of the air carrier with the competent authorities; (e) the size of the air carrier, such as the annual number of passengers carried; (f) whether previous penalties have already been applied by other national API supervisory authorities to the same carrier for the same infringement.
2023/09/06
Committee: LIBE