226 Amendments of Sophia IN 'T VELD related to 2011/0023(COD)
Amendment 41 #
Proposal for a directive
Title
Title
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime
Amendment 49 #
Proposal for a directive
Recital 5
Recital 5
Amendment 58 #
Proposal for a directive
Recital 6
Recital 6
(6) PNR data may help law enforcement authorities prevent, detect, investigate and prosecute serious transnational crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to construct evidence and, where relevant, to find associates of criminals and unravel criminal networks.
Amendment 58 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVEREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimetransnational crime (If adopted, changes apply throughout the text.)
Amendment 59 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime
Amendment 60 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 82(1)(d) and 87(2)(a) thereof,
Amendment 61 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to Articles 7, 8 and 52(1) of the Charter of Fundamental Rights of the European Union,
Amendment 66 #
Proposal for a directive
Recital 7
Recital 7
Amendment 71 #
Proposal for a directive
Recital 8
Recital 8
(8) The processing of personal data must be necessary and proportionate to the specific security goalaim pursued by this Directive.
Amendment 72 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarymay contribute to effectively prevent, detect, investigate and prosecute terrorist offences and serious crime and thus enhance internal security.
Amendment 79 #
Proposal for a directive
Recital 6
Recital 6
(6) PNR data help law enforcement authorities prevent, detect, investigate and prosecute serious transnational crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to construct evidence and, where relevant, to findg associates of criminals and unravel criminal networkscts of terrorism.
Amendment 81 #
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious transnational crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating targeted international flights to or from the territory of the Member States of the European Union.
Amendment 86 #
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism. The definition of serious transnational crime should be taken from Article 2(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States. However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of seriousnly if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State and if it is committed in more trhansnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and one Member State, and from the United Nations Convention on Transnational Organised Crime.
Amendment 86 #
Proposal for a directive
Recital 7
Recital 7
(7) PNR data enable law enforcement authorities to identify persons who were previously ‘unknown’, i.e. persons previously unsuspected of involvement in serious transnational crime and terrorism, but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities. By using PNR dataPNR data may help law enforcement authorities can address the threat of serious transnational crime and terrorism from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.
Amendment 95 #
Proposal for a directive
Recital 8
Recital 8
(8) The processing of personal data must be necessary and proportionate to the specific security goalaim pursued by this Directive.
Amendment 99 #
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious transnational crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial in line with Directive of the European Parliament and of the Council of [...] on the protection of individuals with regard to the processing of personal data by competent authorities for ethnic origin, political opine purposes of prevention, investigations, religious or philosophical beldetection or prosecution of criminal offences or the execution of criminal penaltiefs, trade union membership or data concerning health or sexual life of the individual concand the free movement of such data, and by ensuring compliance with the high level of protection offerned. The PNR data should contain detail in the Charter of Fundamental Rights onf the passenger's reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal securityEuropean Union, Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such lists should not contain any sensitive data.
Amendment 104 #
Proposal for a directive
Recital 10
Recital 10
Amendment 107 #
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier's reservation system and extract (‘pull’) a copy of the required data, and the ‘push’ method, under which air carriers transfer (‘push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offers a higher degree of data protection and should be mandatory for all air carriers.
Amendment 112 #
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers, travel agents, and other entities that collect PNR data, already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers, travel agents or other entities that collect PNR data, to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers.
Amendment 115 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The Member States should take all necessary measures to enable Passenger Information Units to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including criminal ones, should be provided for by Member States against those Passenger Information Units failing to meet their obligations regarding the processing of PNR data.
Amendment 116 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Air carriers, travel agents, and other entities that collect PNR data, already collect and process PNR data from their passengers for their own commercial purposes. This Regulation should not impose any obligation on air carriers, travel agents or other entities that collect PNR data, to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers.
Amendment 117 #
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible for assessing the potential threats related to terrorist offences and serious transnational crime.
Amendment 118 #
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38. However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crime. __________________ 37 OJ L 164, 22.6.2002, p. 3. Decision as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 (OJ L 330, 9.1.2.2008, p. 21). 38 OJ L 190, 18.7.2002, p. 1. OJ L 190, 18.7.2002, p. 1.
Amendment 121 #
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reasonon grounds of a person's race or ethnic originsex, race, colour, ethnic, or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, health or sexual life. membership of a national minority, health or sexual orientation, as laid down in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 124 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation of the Directive of the European Parliament and of the Council of [...] on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and ensuring compliance with the high level of protection offered in the Charter of Fundamental Rights of the European Union, Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 129 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) PNR data should be transferred to a single designated unit (Passenger Information Unit) at EU level, so as to ensure clarity and reduce costs to air carriers.
Amendment 131 #
Proposal for a directive
Recital 21
Recital 21
(21) The period during which PNR data are to be retained should be necessary and proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigationstransnational crime. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are anonymdepersonalised and only accessible under very strict and limited conditions.
Amendment 136 #
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious transnational crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial or ethnic origin, political opinions, by applying high standards in line with the Charter of Fundamental Rights, Convention 108, and the European Convention for Human Rights. Such lists should not contain any personal data that could reveal a person's sex, race, ethnic or social origin, genetic features, language, religious or philosophical beliefs, political opinion, trade union membership or data concerning health or sexual life of the individual concerned, membership of a national minority, health or sexual orientation. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
Proposal for a directive
Recital 23
Recital 23
(23) The processing of PNR data domestically in each Member State by the Passenger Information Unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (‘Framework Decision 2008/977/JHA’)the Directive of the European Parliament and of the Council of [...] on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and ensuring compliance with the high level of protection offered in the Charter of Fundamental Rights of the European Union, Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 144 #
Proposal for a directive
Recital 24
Recital 24
(24) Taking into consideration the right to the protection of personal data, the rights of the data subjects to processing of their PNR data, such as the right of access, the right of rectification, erasure and blocking, as well as the rights to compensation and judicial remedies, should be in line with Framework Decision 2008/977/JHADirective [...] of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, the Charter of Fundamental Rights of the European Union, Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 146 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Dissuasive, effective and proportionate penalties, including financial ones, should be provided at EU level against those air carriers failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Regulation, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 147 #
Proposal for a directive
Recital 25
Recital 25
(25) Taking into account the right of passengers to be informed of the processing of their personal data, Member States should ensure they are provided with accurain a timely and transparent fashion with accurate and complete information about the collection of PNR data and their transfer to the Passenger Information Unit.
Amendment 149 #
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible for assessing the potential threats related to terrorist offences and serious transnational crime.
Amendment 150 #
Proposal for a directive
Recital 26
Recital 26
(26) Transfers of PNR data by Member States to third countries should be permitted only on a case-by-case basis and in compliance with Framework Decision 2008/977/JHA. To ensure the protection of personal data, such transfers should be subject to additional requirements relating to the purpose of the transfer, the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country. , if the transfer is necessary and proportionate to the prevention, investigation, detection or prosecution of terrorist offences and serious transnational crime, in compliance with the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and subject to prior judicial authorisation. To ensure the protection of personal data, such transfers should be subject to additional requirements relating to the purpose of the transfer, the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country, ensuring compliance with the Charter of Fundamental Rights of the European Union, Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 154 #
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reasonon grounds of a person’s sex, race or, ethnic origin social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, health or sexual life. membership of a national minority, health or sexual orientation, as laid down in Article 21 of Charter of Fundamental Rights of the European Union.
Amendment 155 #
Proposal for a directive
Recital 27
Recital 27
(27) The national supervisory authority that haswill been established in implementation of Framework Decision 2008/977/JHA should also be responsible for advising on and monitoring of the application and implementation of thethe Directive [...] of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data should also be responsible for advising on and monitoring of the application and implementation of the provisions of this Directive. The national data protection authorities are responsible for advising on and monitoring of the application and implementation of the data protection provisions of this Directive.
Amendment 156 #
Proposal for a directive
Recital 28
Recital 28
Amendment 158 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The result of the processing of PNR data should in no circumstances be used by Member States as a ground to circumvent their obligations international under the 1951 Convention relating to the status of refugees and its 1967 Protocol and should not be used to deny asylum seekers to have safe and effective legal avenues to the EU territory to exercise their right to international protection.
Amendment 159 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime make the PNR data that they receive available on the basis of a hit/no hit system to PIUs of other Member States. Upon specified requests concerning targeted flights or certain individuals, for a maximum of six months, where this is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime, PNR data can be transferred to the PIU of another Member State. The Passenger Information Units shall in any case transmit the result of the processing of PNR data to the PIUs of other Member States without delay. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. with a high level of protection of personal data in line with the Charter of Fundamental Rights of the European Union, Convention 108 and the European Convention of Human Rights. __________________ 39 OJ L 121, 15.5.2009, p. 37. 40 OJ L 386, 29.12.2006, p. 89.
Amendment 166 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) PNR data collection at European level can be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. The provisions of this Regulation should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) 1 a and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union 1b. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 1a OJ L 121, 15.5.2009, p. 37. 1b OJ L 386, 29.12.2006, p. 89.
Amendment 168 #
Proposal for a directive
Recital 21
Recital 21
(21) The period during which PNR data are to be retained should be necessary and proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigationstransnational crime. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are anonymised the data are masked-out immediately, and only accessible under very strict and limited conditions.
Amendment 169 #
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime.
Amendment 174 #
Proposal for a directive
Recital 31
Recital 31
(31) This Directive respects the fundamental rights and the principles of the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data, the right to privacy and the right to non-discrimination as protected by Articles 8, 7 and 21 of the Charter and has to be implemented accordingly. The Directive is compatible with data protection principles and its provisions are in line with the Framework Decision 2008/977/JHA. Furthermore, and in order to comply with the proportionality principle, the Directive, on specific issues, will have stricter rules on data prot, Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms, and has to be implemented accordingly. The Directive is compatible with data protection principles and its provisions are in line with the Directive [...] of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution thof criminal penalties, and the Framework Decision 2008/977/JHAfree movement of such data.
Amendment 174 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 175 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) Article 52(1) of the Charter provides that any limitation on the exercise of the rights and freedoms laid down by the Charter must be provided for by law, respect their essence and, subject to the principle of proportionality, limitations may be made to those rights and freedoms only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
Amendment 176 #
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 5 yearthree months, after which the data must be permanently deleted, the data must be anonymdepersonalised after a very short period, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required to ensure that an independent national supervisorydata protection authority is responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 176 #
Proposal for a directive
Recital 23
Recital 23
(23) The processing of PNR data domestically in each Member State by the Passenger Information Unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters41 (‘Framework Decision 2008/977/JHA’)the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and with the high level of protection offered in the Charter of Fundamental Rights of the European Union, Convention 108, and the European Convention for Human Rights. __________________ 41 OJ L 350, 30.12.2008, p. 60.
Amendment 180 #
Proposal for a directive
Recital 24
Recital 24
(24) Taking into consideration the right to the protection of personal data, the rights of the data subjects to processing of their PNR data, such as the right of access, the right of rectification, erasure and blocking, as well as the rights to compensation and judicial remedies, should be in line with Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and with the high level of protection offered in the Charter of Fundamental Rights of the European Union, Convention 108, and the European Convention for Human Rights.
Amendment 183 #
Proposal for a directive
Recital 25
Recital 25
(25) Taking into account the right of passengers to be informed of the processing of their personal data, Member States should ensure they are provided with accurate and complete information about the collection of PNR data and their transfer to the Passenger Information Unit.
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of targeted international flights to and from the Member States, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them. This Directive does not apply to flights within the European Union or to transit flights.
Amendment 187 #
Proposal for a directive
Recital 26
Recital 26
(26) Transfers of PNR data by Member States to third countries should be permitted only on a case-by-case basis and in compliance with Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data. To ensure the protection of personal data, such transfers should be subject to additional requirements relating to the purpose of the transfer, the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country, and subject to the high level of protection offered in the Charter of Fundamental Rights of the European Union, Convention 108, and the European Convention for Human Rights.
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) Ton targeted international flights may be processed only for the prevention, detection, investigation, and prosecution of terrorist offences and serious transnational crimes according to Article 4(2)(a) and (d). The PNR data shall not be used for other purposes.
Amendment 193 #
Proposal for a directive
Recital 27
Recital 27
(27) The national supervisory authority that haswill been established in implementation of Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, should also be responsible for advising on and monitoring of the application and implementation of the provisions of this Directive.
Amendment 196 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The European Data Protection Supervisor, and the national supervisory authority that will be established in implementation of the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, should also be responsible for advising on and monitoring of the application and implementation of the provisions of this Regulation.
Amendment 200 #
Proposal for a directive
Recital 28
Recital 28
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘targeted international flight’ means any scheduled or non-scheduled high-risk flight by an air carrier planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, inexcluding in both cases any transfer or transit flights;
Amendment 208 #
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime.
Amendment 210 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States, and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 211 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or ‘PNR data’ means a record of each passenger's travel requirements collected and retained electronically by air carriers in the normal course of their business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities;
Amendment 211 #
Proposal for a directive
Recital 31
Recital 31
(31) This Directive respects the fundamental rights and the principles of the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data, the right to privacy and the right to non-discrimination as protected by Articles 8, 7 and 21 of the Charter and has to be implemented accordingly. The Directive is compatible with data protection principles and its provisions are in line with the Framework Decision 2008/977/JHADirective of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data. Furthermore, and in order to comply with the proportionality principle, the Directive, on specific issues, will have stricter rules on data protection than the Framework Decision 2008/977/JHAData Protection Directive (xx/xx/20xx).
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 214 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences pursuant to this Regulation should be subject to a standard of protection of personal data under their national law which complies with the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data.
Amendment 215 #
Proposal for a directive
Recital 31 b (new)
Recital 31 b (new)
Amendment 216 #
Proposal for a directive
Recital 31 c (new)
Recital 31 c (new)
Amendment 218 #
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 5 year30 days, after which the data must be deleted, the data must be anonymised after a very short periodmasked- out immediately, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 224 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) In particular, the scope of the Regulation is as limited as possible, it allows retention of PNR data for period of time not exceeding 30 days, after which the data must be deleted, the data must be masked-out immediately, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, the European Data Protection Supervisor is responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. The Commission must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 226 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) The result of the processing of PNR data should in no circumstances be used by Member States as a ground to circumvent their international obligations under the 1951 Convention relating to the status of refugees and its 1967 Protocol and should not be used to deny asylum seekers to have safe and effective legal avenues to the EU territory to exercise their right to international protection;
Amendment 228 #
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the European Union, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive on international flights may be processed only for the following purposes: (a) The prevention, detection, investigation, and prosecution of terrorist offences and serious transnational crimes according to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d).. The PNR data shall not be used for other purposes. deleted deleted
Amendment 241 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Passenger Information Units shall each appoint a Data Protection Officer.
Amendment 243 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Member States shall ensure that dissuasive, effective and proportionate penalties, including criminal sanctions, are provided for against persons working in Passenger Information Units in the case of, and responsible for the, misuse or abuse of PNR data or other infringements of the national provisions adopted pursuant to this Directive.
Amendment 244 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The PNR data collected in accordance with this Regulation on international flights may be processed only for the prevention, detection, investigation, and prosecution of terrorist offences and serious transnational crimes according to Article 4(2). The PNR data shall not be used for other purposes.
Amendment 246 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to targeted international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately and permanently upon receipt.
Amendment 252 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'international flight' means any scheduled or non-scheduled flight by an air carrier planned to land on the territory of the European Union originating in a third country or to depart from the territory of the European Union with a final destination in a third country, including in both cases any transfer or transit flights;
Amendment 254 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 255 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements collected and retained electronically by air carriers, travel agents, and other entities processing PNR data in the context of conducting their business activities which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities;
Amendment 262 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessmenthecking the identity of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment check the Passenger Information Unit may compare PNR data against relspecifically designed databases created for the purposes of prevaent databasesing, detecting, investigating and prosecuting terrorist offences and serious transnational crime, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 266 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious transnational crime, and to provide the competent authorities with the results of such processing; and
Amendment 269 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 274 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 274 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 278 #
Proposal for a directive
Article 2 – paragraph 1 – point h – point i (new)
Article 2 – paragraph 1 – point h – point i (new)
i) 'sensitive data' means personal data revealing a person's sex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership of a national minority, health or sexual orientation, as laid down in Article 21 of the Charter of Fundamental Rights of the European Union, as well as other data defined as sensitive by domestic law.
Amendment 285 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive PNR data or the result of the processing of PNR data on a case-by- case basis from the Passenger Information Units in order to examine that information further or take appropriate action for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime.
Amendment 288 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years: - participation in a criminal organisation, - terrorism, - trafficking in human beings, - sexual exploitation of children and child pornography, - illicit trafficking in narcotic drugs and psychotropic substances, - illicit trafficking in weapons, munitions and explosives, - corruption, - fraud and tax evasion, - laundering of the proceeds of crime, - counterfeiting currency, including of the euro, - computer-related crime, - environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, - murder, grievous bodily injury, - illicit trade in human organs and tissue, - rape - kidnapping, illegal restraint and hostage-taking, - child abduction and child abduction by parents, - organised or armed robbery, - illicit trafficking in cultural goods, including antiques and works of art, - illicit trafficking of mineral ore, - forgery of means of payment, - illicit trafficking in hormonal substances and other growth promoters, - illicit trafficking in nuclear or radioactive materials, - crimes within the jurisdiction of the International Criminal Court, if they are punishable under the national law of athe Member State, and if : with a custodial sentence or a detention order for a maximum period of at least three years, and if;
Amendment 290 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist ofbe authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime.
Amendment 294 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious transnational crime.
Amendment 297 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
The list of serious transnational crime offences of Article 2(1) sub i shall be reviewed and adjusted accordingly as part of the overall review of this Directive.
Amendment 298 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basigrounds of a person's race or ethnic originsex, race, colour, ethnic, or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, health or sexual lifemembership of a national minority, property, disability, age, health or sexual orientation, as laid down in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 302 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer (‘push’) the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them in the normal course of their business, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authorities.
Amendment 311 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall set up a 'Passenger Information Unit' responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from Member States' competent public authorities.
Amendment 314 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The database collecting PNR data from the air carriers should be hosted by the European agency for the operational management of large-scale IT systems in the area of freedom, security and justice.
Amendment 315 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers shall transfer PNR data of targeted international flights by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 316 #
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The passenger information unit shall appoint a data protection and privacy officer, seconded by a deputy officer, responsible for the monitoring of the processing of PNR data and the implementation of the related safeguards. The data protection and privacy officer shall in particular review on a regular basis the automated processing rules requested by Competent Authorities and formulate recommendations to ensure their compliance with the provisions and safeguards laid down in this Regulation.
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 322 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law and subject to prior judicial authorisation, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and, actual and imminent threat related to terrorist offences or serious transnational crime.
Amendment 322 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Passenger Information Units shall each appoint a Data Protection Officer for monitoring the processing of PNR data and the implementation of safeguards.
Amendment 323 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Member States shall ensure that dissuasive, effective and proportionate penalties, including criminal sanctions, are provided for against persons working in Passenger Information Units in the case of misuse or abuse of PNR data or other infringements of the national provisions adopted pursuant to this Directive.
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Once the one-stop shop provided for in Article 7 of this Directive is operational, those Member States which so wish may decide that the PNR data which air carriers must forward to their Passenger Information Units should be forwarded directly to the one-stop shop, which shall collate and keep the data in accordance with the conditions laid down in this Directive. Analysis of these data and the forwarding of the results to the competent authorities as referred to in Article 5 shall remain the responsibility of the Passenger Information Unit of the Member State concerned.
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities.
Amendment 334 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution relating tof terrorist offences or serious transnational crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 335 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately and permanently upon receipt.
Amendment 339 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of the European Union shall be collected by the Passenger Information Unit. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 340 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious transnational crime.
Amendment 341 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of the European Union shall be collected by the Passenger Information Unit. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 348 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious specific, actual and imminent threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 352 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria and may compare that data with all relevant databases, including data kept by Europol, in conformity with EU law. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 353 #
Proposal for a directive
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the European Union in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria. Any positive match resulting from such automated processing shall be individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 354 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and, actual and imminent threat related to terrorist offences or serious crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter's territory at any time.
Amendment 359 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengontributing to the identification of any person prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious crimor find objects sought or under alert concerning serious transnational crime or a terrorist offence and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment check the Passenger Information Unit may compare PNR data against relevant databasesspecifically designed databases created for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 362 #
Proposal for a directive
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) contributing to the identification of any person prior to their scheduled arrival or departure from the European Union in order to identify any persons or find objects sought or under alert concerning serious transnational crime or a terrorist offence and who require further examination by the competent authorities referred to in Article 5. In carrying out such a check the Passenger Information Unit may compare PNR data against specifically designed databases created for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Any positive match resulting from such automated processing shall be individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 366 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, the Charter of Fundamental Rights of the European Union, Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms are fulfilled,;
Amendment 367 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is necessary for the purposes of this Directive specified in Article 1(2),and proportionate to the prevention, investigation, detection, prosecution of terrorist offences and serious transnational crime; and
Amendment 368 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the transfer is subject to prior judicial authorisation.
Amendment 368 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests frommaking available, on a hit/ no hit basis, to Member State competent authorities to provide, PNR data and process PNR dataPNR related information in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious transnational crime, and to provide the competent authorities with the results of such processing; and
Amendment 369 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 369 #
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
Amendment 370 #
Proposal for a directive
Article 4 – paragraph 2 – point c b (new)
Article 4 – paragraph 2 – point c b (new)
(cb) responding to duly reasoned requests, accompanied with an order from a court or competent judicial body, from competent authorities to process identifiable PNR data of specific individuals, and to retain the data for as long as the investigation lasts, for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious transnational crime, and to provide the competent authorities with the results of such processing; and
Amendment 371 #
Proposal for a directive
Article 4 – paragraph 2 – point c c (new)
Article 4 – paragraph 2 – point c c (new)
(cc) making available, on a hit/ no hit basis, to competent authorities of all Member States, PNR data and PNR related information in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious transnational crime, and to provide the competent authorities with the results of such processing; and
Amendment 384 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s race or ethnic originsex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership of a national minority, health or sexual lifeorientation.
Amendment 385 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 days after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of five yearsthree months after which they will be permanently deleted. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymdepersonalised PNR data shall be accessible only to a limited number of senior level personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and, actual and imminent threat or riskin case orf a specific investigation or prosecution.
Amendment 386 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 388 #
Proposal for a directive
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. Without prejudice to Article 7(4), the PNR data shall not be transmitted by the Passenger Information Unit to any other authority in any way or format to allow for assessment of the PNR data outside the Passenger Information Unit. The PNR data cannot be requested by other authorities on the basis of an order of a competent court or judicial body.
Amendment 389 #
Proposal for a directive
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
3c. The assessment of the passengers prior to their scheduled arrival or departure from the European Union referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. The assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person's sex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership of a national minority, health or sexual orientation.
Amendment 390 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2
Article 9 – paragraph 2 – subparagraph 2 – indent 2
– Address and contact information, including billing address;
Amendment 391 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
- Frequent flyer information;
Amendment 393 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Passenger Information Unit of a Member State shall transfer the PNR data or the results of the processing of PNR data of the persons identified in accordance with points (a) and (b) of paragraph 2 for further examination to the relevant competent authorities of the same Member State. Such transfers shall only be made on a case-by-case basis.
Amendment 396 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Passenger Information Unit shall transfer the results of the processing of PNR data of the persons identified in accordance with points (a) and (b) of paragraph 2 for further examination to the relevant competent authorities of the Member States. Such transfers shall only be made on a case-by-case basis.
Amendment 405 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Joint Supervisory Body Member States shall ensure that any processing of PNR data by the Passenger Information Unit will be subject to permanent oversight from a Joint Supervisory Body consisting of representatives of the European Data Protection Supervisor, Eurojust and Europol.
Amendment 406 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall provide that, in respect of all processing of personal data pursuant to this Directive, every passenger shall have the same right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress as those adopted under national law in implementation of Articles 17, 18, 19the Directive of the European Parliament and 20 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA shall therefore be applicableof xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data.
Amendment 407 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Article 4b Any processing of PNR data by the Passenger Information Unit will be subject to permanent oversight from a Joint Supervisory Body consisting of representatives of the European Data Protection Supervisor, Eurojust and Europol.
Amendment 408 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data.
Amendment 410 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units ion order to examine thata case-by-case basis inf ormation furthder tor take appropriate action for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime.
Amendment 412 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person's race or ethnic originsex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, disability, age, health or sexual lifeorientation shall be prohibited, as laid down in Article 21 of the Charter of Fundamental Rights of the European Union. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately. and permanently.
Amendment 415 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Each Member State shall adopt a list of the competent authorities entitled to request or receive the result of the processing of PNR data from the Passenger Information Unit on a case-by- case basis in order to take appropriate action for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime.
Amendment 416 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist ofbe authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime.
Amendment 426 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall provide that the national supervisory authority established in implementation of Article 25 of Framework Decision 2008/977/JHAthe Directive [...] of the European Parliament and of the Council of on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the Member States pursuant to the present Directive. The further provisions of Article 25 Framework Decision 2008/977/JHA shall be applicable.
Amendment 427 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Each Member State shall notify the list of its competent authorities to the Commission twelve months after entry into force of this Regulation at the latest, and may at any time update its declaration. The Commission shall publish this information, as well as any updates, in the Official Journal of the European Union.
Amendment 433 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious transnational crime.
Amendment 440 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basis of a person’s race or ethnic originsex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership of a national minority, health or sexual lifeorientation.
Amendment 441 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 447 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within four years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the necessity of the collection and processing of PNR data for each of the stated purposes, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 451 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2) and, the number of false positives, the number of subsequent law enforcement actions that were taken involving the use of PNR data per air carrier and destination, and the number of effective convictions as a result thereof.
Amendment 453 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 461 #
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 474 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
(12) General remarks (including all available iInformation on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)
Amendment 475 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and, actual and imminent threat related to terrorist offences or serious transnational crime.
Amendment 477 #
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
Amendment 480 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Air carriers shall duly inform passengers about the type of personal data being collected, the purposes for the collection of these data and passengers' rights in relation to the right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress, in accordance with Directive 20XX/XX/EU. This information shall be provided to passengers proactively, in an easily understandable format, and prior to its first communication to air carriers.
Amendment 481 #
Proposal for a directive
Annex 1 – point 15
Annex 1 – point 15
Amendment 481 #
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. On a case-by-case basis, upon request from the Passenger Information Unit air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific, actual and imminent threat related to terrorist offences or serious transnational crime.
Amendment 482 #
Proposal for a directive
Article 7 – title
Article 7 – title
Exchange of information between Member States
Amendment 486 #
Proposal for a directive
Annex 1 – point 18
Annex 1 – point 18
Amendment 488 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is proactively, and automatically, transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The Passenger Information Units of othe receivingr Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authoritieswithout delay.
Amendment 489 #
Proposal for a directive
Annex 1 – point 19
Annex 1 – point 19
(19) All historical changes to the PNR listed in numbers 1 to 18
Amendment 489 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States shall ensure that the Passenger Information Unit proactively informs the Passenger Information Units of other Member States in case PNR data has been requested in cases of a specific, actual and imminent threat on the basis of Article 7(3), Article 7(4) or Article 7(5).
Amendment 490 #
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. The Passenger Information Unit shall ensure that, with regard to persons identified in accordance with Article 4(2), the result of the processing of PNR data is transmitted to any Member States' competent authorities where the Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime.
Amendment 491 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 499 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The Passenger Information Unit of a Member State shall have the right to request, on a case-by-case basis if necessary and proportionate, the Passenger Information Unit of any other Member State to provide it with PNR data of targeted flights or specific individuals that are kept in the latter's database in accordance with Article 9(2). Passenger Information Units shall provide the requested data without delay. Where appropriate, an alert shall be entered in accordance with Article 36 of Regulation 1987/2006 on the Schengen Information System.
Amendment 500 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 507 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Passenger Information Unit may request access to specific identifiable PNR data kept by the Passenger Information Unit of another Member State on the basis of Article 4(2) point cb (new) in their full form without the masking out only in exceptional circumstances in response to a specific, actual and imminent threat related to terrorist offences or serious transnational crime. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 514 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious specific, actual and imminent threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 517 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Only in those cases where it is necessary for the prevention of a specific, actual and imminent threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be reasoned. The Passenger Information Unit shall respond to such requests as a matter of priority. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 519 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 526 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Exceptionally, where early access is necessary to respond to a specific, actual and imminent threat related to terrorist offences or serious transnational crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter's territory at any time. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 529 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. EThe exchange of information under this Article mayust take place using any existing channels for international law enforcement cooperation. The language used for the request and the exch secure European system for the exchange of PNR data between Member States and between Member States and Europol. The development and operational manage of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications receivedment of this system shall be the responsibility of the European agency for the operational management of large- scale IT systems. A one-stop shop shall be created as part of this system to register and transmit the requests for information exchanges. The European Data Protection Supervisor shall be responsible for monitoring the processing of the personal data performed through this European system for the exchange of PNR data.
Amendment 538 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Exchange of information under this Article may take place using any existing channels for international law enforcement cooperation. The language used for the request and the exchange of information shall be the one applicable to the channel used.
Amendment 542 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and if:
Amendment 548 #
Proposal for a directive
Article 8 – paragraph 1 – point -a (new)
Article 8 – paragraph 1 – point -a (new)
(-a) the request is done on the basis of an Agreement with that particular third country on the sharing of the results of the processing of PNR data; or
Amendment 550 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 559 #
Proposal for a directive
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(aa) the conditions laid down in the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, the Charter of Fundamental Rights of the European Union, Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and the European Convention for the Protection of Human Rights and Fundamental Freedoms are fulfilled;
Amendment 566 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 571 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
Amendment 572 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the transfer is necessary and proportionate for the prevention, investigation, detection, prosecution of terrorist offences and serious transnational crime; and
Amendment 576 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 591 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States may not transfer PNR data to third countries.
Amendment 593 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Applications for third country transfers may be addressed directly to the one-stop shop provided for in Article 7 of this directive.
Amendment 597 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Passenger Information Unit may transfer the results of the processing of PNR data to a third country, only on a case-by-case basis and if an agreement between the European Union and the third country for the transfer of these data has been concluded under Article 218(6)(a).
Amendment 611 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit are retained in a databasemasked- out as soon ats the Passenger Information Unit for a period of 30 days after their transfer to the Passenger Information Unitdata subject has entered the territory of the first Member State con whose territory the international flight is landing or departingcerned.
Amendment 621 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The Commission shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit are masked-out as soon as the data subject has entered or left the territory of the first Member State where the international flight is landing or departing.
Amendment 624 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 635 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
For the purposes of this Regulation, the data elements which could serve to identify the passenger to whom PNR data relate and which should be filtered and masked out are:
Amendment 644 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2
Article 9 – paragraph 2 – subparagraph 2 – indent 2
– Address and cContact information and address, including invoice address;
Amendment 654 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 3 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 3 a (new)
- Frequent flyer information;
Amendment 661 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The Commission shall ensure that the PNR data are deleted upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 682 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
The Commission shall ensure, in conformity with EU law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which, do not transmit the data required under this Regulation, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Regulation.
Amendment 684 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall provide that, in respect of all processing of personal data pursuant to this Directive, every passenger shall have the same right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress as those adopted under national law in implementation of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, shall therefore be applicable.
Amendment 688 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. In respect of all processing of personal data pursuant to this Regulation, every passenger shall have the same right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress in line with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Amendment 690 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive.
Amendment 692 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The provisions adopted under national law in implementation of the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Regulation.
Amendment 698 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’s race or ethnic originsex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, disability, age, health or sexual lifeorientation shall be prohibited, as laid down in Article 21 of Charter of Fundamental Rights of the European Union. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately and permanently.
Amendment 705 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. All processing of PNR data by air carriers, all transfers of PNR data by the Passenger Information Unit and all requests by competent authorities, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities. These logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those five years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 738 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall provide that the national supervisory authority established in implementation of Article 25 of Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the Member States pursuant to the present Directive. The further provisions of Article 25 Framework Decision 2008/977/JHA shall be applicable.
Amendment 746 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Supervisory Authority The European Data Protection Supervisor shall be responsible for advising on and monitoring the application the provisions pursuant to the present Regulation.
Amendment 753 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. All transfers of PNR data by air carriers to the Passenger Information Unit for the purposes of this Regulation shall be made by electronic means or, in the event of technical failure, by any other appropriate means, for a period of one year following the adoption of the common protocols and supported data formats in accordance with Article 14.
Amendment 755 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Once the period of one year from the date of adoption of the common protocols and supported data formats has elapsed, all transfers of PNR data by air carriers to the Passenger Information Unit for the purposes of this Regulation shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer, and in a supported data format to ensure their readability by all parties involved. All air carriers shall be required to select and identify to the Passenger Information Unit the common protocol and data format that they intend to use for their transfers.
Amendment 761 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Amendment 763 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 a (new)
Article 15 – paragraph 1 – subparagraph 1 a (new)
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest two years after the entry into force of this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 764 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 765 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2 a (new)
Article 15 – paragraph 1 – subparagraph 2 a (new)
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Amendment 766 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 767 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Amendment 770 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 772 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Upon the date referred to in Article 15(1), i.e. two years after the entry into force of this Directive, Member States shall ensure that the PNR data of at least 30% of all flights referred to in Article 6(1) are collected. Until two years after the date referred to in Article 15, Member States shall ensure that the PNR data from at least 60 % of all flights referred to in Article 6(1) are collected. Member States shall ensure that from four years after the date referred to in Article 15, the PNR data from all flights referred to in Article 6(1) are collected.
Amendment 773 #
Proposal for a directive
Article 17 – paragraph -1 (new)
Article 17 – paragraph -1 (new)
The Commission shall:
Amendment 774 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 780 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within four years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the necessity and proportionality of the collection and processing of PNR data for each of the stated purposes, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 787 #
Proposal for a directive
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) undertake a review of the operation of this Regulation and submit a report to the European Parliament and the Council within three years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 788 #
Proposal for a directive
Article 17 – paragraph 1 – point b b (new)
Article 17 – paragraph 1 – point b b (new)
(bb) Member States shall ensure that the implementing legislation pursuant to this Directive provides for the presentation of a review of the necessity and proportionality three years after the entry into force or the prolongment of the implementing legislation, in case the application of this Directive will be annulled. To this effect, Member States shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2), the number of false positives, the number of subsequent law enforcement actions, including arrests, convictions and declarations of innocence, that were taken involving the use of PNR data per air carrier and destination.
Amendment 794 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2) and, the number of false positives, the number of subsequent law enforcement actions, including arrests, convictions and declarations of innocence, that were taken involving the use of PNR data per air carrier and destination.
Amendment 797 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The Commission shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2), the number of false positives, the number of subsequent law enforcement actions, including arrests, convictions and declarations of innocence, that were taken involving the use of PNR data per air carrier and destination.
Amendment 801 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. These statistics shall not contain any personal data.
Amendment 803 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Member States may continue to apply bilateral or multilateral agreements or arrangements between themselves on exchange of information between competent authorities, in force when this Regulation is adopted, in so far as such agreements or arrangements are compatible with this Regulation
Amendment 806 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. This Regulation is without prejudice to any obligations and commitments of the Union by virtue of bilateral and/or multilateral agreements with third countries.
Amendment 808 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
This Regulation shall enter into force 2 years following that of its publication in the Official Journal of the European Union.
Amendment 809 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Sunset clause This Directive shall expire by default four years after entry into force and four years after each prolongation. The Council and European Parliament can decide, following a proposal of the Commission, to prolong the application of this Directive for another four years.
Amendment 811 #
Proposal for a directive
Article 20 b (new)
Article 20 b (new)
Article 20b Member States shall ensure that the implementing legislation pursuant to this Directive expires every four years after the entry into force, in case the application of this Directive would, regardless of the cause, be annulled. In such case, the national legislature can decide to prolong the application of the legislation that had been implemented pursuant to this Directive for another four years.
Amendment 812 #
Proposal for a directive
Article 20 c (new)
Article 20 c (new)
Article 20c This Regulation shall expire by default four years after entry into force and four years after each prolongation. The Council and European Parliament can decide, following a proposal of the Commission, to prolong the application of this Directive for another four years.
Amendment 824 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
(12) General remarks (including all available iInformation on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)
Amendment 827 #
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
Amendment 830 #
Proposal for a directive
Annex 1 – point 15
Annex 1 – point 15
Amendment 833 #
Proposal for a directive
Annex 1 – point 18
Annex 1 – point 18
Amendment 834 #
Proposal for a directive
Annex 1 – point 19
Annex 1 – point 19