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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
P9_TA(2024)0376
on the proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information (API) for enhancing and facilitating external border controls, amending Regulation (EU) 2019/817 and Regulation (EU) 2018/1726, and repealing Council Directive 2004/82/EC
Advance passenger information: enhancing and facilitating external border controls
(COM(2022)0729 – C90428/2022 – 2022/0424(COD))
Committee on Civil Liberties, Justice and Home Affairs
PE750.252
European Parliament legislative resolution of 25 April 2024 on the proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information (API) for enhancing and facilitating external border controls, amending Regulation (EU) 2019/817 and Regulation (EU) 2018/1726, and repealing Council Directive 2004/82/EC (COM(2022)0729 – C9-0428/2022 – 2022/0424(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2022)0729),
– having regard to Article 294(2) and ArticlesArticle 77(2), points (b) and (d)(d), and Article 79(2), point (c)(c), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90428/2022),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 27 April 2023,
– having regard to the provisional agreement approved by the responsible committee under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 13 March 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
– having regard to Rule 59 of its Rules of Procedure,
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
P9_TC1-COD(2022)0424
Proposal for a regulation
Position of the European Parliament adopted at first reading on 25 April 2024 with a view to the adoption of Regulation (EU) 2025/… of the European Parliament and of the Council on the collection and transfer of advance passenger information for enhancing and facilitating external border checks, amending Regulations (EU) 2018/1726 and (EU) 2019/817, and repealing Council Directive 2004/82/EC
Recital 1
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2025/12.)
Amendment 2
Proposal for a regulation
Recital 2
Amendment 3
Proposal for a regulation
Recital 3
Amendment 4
Proposal for a regulation
Recital 5
Amendment 5
Proposal for a regulation
Recital 6
Amendment 6
Proposal for a regulation
Recital 7
Amendment 7
Proposal for a regulation
Recital 8
Amendment 8
Proposal for a regulation
Recital 9
Amendment 9
Proposal for a regulation
Recital 9 a (new)
Amendment 10
Proposal for a regulation
Recital 9 b (new)
Amendment 11
Proposal for a regulation
Recital 9 c (new)
Amendment 12
Proposal for a regulation
Recital 9 d (new)
Amendment 13
Proposal for a regulation
Recital 10
Amendment 14
Proposal for a regulation
Recital 10 a (new)
Amendment 15
Proposal for a regulation
Recital 11
Amendment 16
Proposal for a regulation
Recital 13
Amendment 17
Proposal for a regulation
Recital 15
Amendment 18
Proposal for a regulation
Recital 16
Amendment 19
Proposal for a regulation
Recital 17
Amendment 20
Proposal for a regulation
Recital 17 a (new)
Amendment 21
Proposal for a regulation
Recital 19
Amendment 22
Proposal for a regulation
Recital 20
Amendment 23
Proposal for a regulation
Recital 22
Amendment 24
Proposal for a regulation
Recital 23
Amendment 25
Proposal for a regulation
Recital 25
Amendment 26
Proposal for a regulation
Recital 25 a (new)
Amendment 27
Proposal for a regulation
Recital 28 a (new)
Amendment 28
Proposal for a regulation
Recital 30
Amendment 29
Proposal for a regulation
Recital 31
Amendment 30
Proposal for a regulation
Recital 31 a (new)
Amendment 31
Proposal for a regulation
Recital 34 a (new)
Amendment 32
Proposal for a regulation
Recital 34 b (new)
Amendment 33
Proposal for a regulation
Recital 35
Amendment 34
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 a (new)
Amendment 35
Proposal for a regulation
Article 3 – paragraph 1 – point e
Amendment 36
Proposal for a regulation
Article 3 – paragraph 1 – point f
Amendment 37
Proposal for a regulation
Article 3 – paragraph 1 – point h
Amendment 38
Proposal for a regulation
Article 3 – paragraph 1 – point j
Amendment 39
Proposal for a regulation
Article 3 – paragraph 1 – point k
Amendment 40
Proposal for a regulation
Article 3 – paragraph 1 – point l
Amendment 41
Proposal for a regulation
Article 4 – paragraph 1
Amendment 42
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Amendment 43
Proposal for a regulation
Article 4 – paragraph 2 – point e
Amendment 44
Proposal for a regulation
Article 4 – paragraph 2 – point g
Amendment 45
Proposal for a regulation
Article 4 – paragraph 2 – point h
Amendment 46
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Amendment 47
Proposal for a regulation
Article 4 – paragraph 3 – point a
Amendment 48
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 a (new)
Amendment 49
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Amendment 50
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 a (new)
Amendment 51
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 b (new)
Amendment 52
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Amendment 53
Proposal for a regulation
Article 5 – paragraph 3
Amendment 54
Proposal for a regulation
Article 5 – paragraph 4
Amendment 55
Proposal for a regulation
Article 6 – paragraph 1
Amendment 56
Proposal for a regulation
Article 6 – paragraph 2
Amendment 57
Proposal for a regulation
Article 6 – paragraph 3
Amendment 58
Proposal for a regulation
Article 6 – paragraph 4
Amendment 59
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Amendment 60
Proposal for a regulation
Article 8 – paragraph 1
Amendment 61
Proposal for a regulation
Article 8 – paragraph 2
Amendment 62
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Amendment 63
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Amendment 64
Proposal for a regulation
Article 8 – paragraph 2 c (new)
Amendment 65
Proposal for a regulation
Article 8 – paragraph 3
Amendment 66
Proposal for a regulation
Article 8 a (new)
Amendment 67
Proposal for a regulation
Article 9 – paragraph 1
Amendment 68
Proposal for a regulation
Article 9 – paragraph 2 – point b
Amendment 69
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Amendment 70
Proposal for a regulation
Article 9 – paragraph 2 b (new)
Amendment 71
Proposal for a regulation
Article 9 – paragraph 3
Amendment 72
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Amendment 73
Proposal for a regulation
Article 10 – paragraph 1
Amendment 74
Proposal for a regulation
Article 10 a (new)
Amendment 75
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Amendment 76
Proposal for a regulation
Article 11 – paragraph 3
Amendment 77
Proposal for a regulation
Article 11 – paragraph 4
Amendment 78
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Amendment 79
Proposal for a regulation
Article 12 – paragraph 1 – point a
Amendment 80
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Amendment 81
Proposal for a regulation
Article 12 – paragraph 1 – point b
Amendment 82
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Amendment 83
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point b
Amendment 84
Proposal for a regulation
Article 13 – paragraph 2
Amendment 85
Proposal for a regulation
Article 13 – paragraph 3
Amendment 86
Proposal for a regulation
Article 13 – paragraph 4
Amendment 87
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Amendment 88
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Amendment 89
Proposal for a regulation
Article 15 – paragraph 1
Amendment 90
Proposal for a regulation
Article 16 – paragraph 1
Amendment 91
Proposal for a regulation
Article 16 a (new)
Amendment 92
Proposal for a regulation
Article 17 – paragraph -1 (new)
Amendment 93
Proposal for a regulation
Article 17 – paragraph -1 a (new)
Amendment 94
Proposal for a regulation
Article 17 – paragraph 1
Amendment 95
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point c
Amendment 96
Proposal for a regulation
Article 18 – paragraph 1
Amendment 97
Proposal for a regulation
Article 19 – paragraph 1
Amendment 98
Proposal for a regulation
Article 19 – paragraph 2
Amendment 99
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Amendment 100
Proposal for a regulation
Article 20 – paragraph 2
Amendment 101
Proposal for a regulation
Article 21 – paragraph 2
Amendment 102
Proposal for a regulation
Article 22 – paragraph 3
Amendment 103
Proposal for a regulation
Article 22 – paragraph 4
Amendment 104
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Amendment 105
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Amendment 106
Proposal for a regulation
Article 24 – paragraph 1
Amendment 107
Proposal for a regulation
Article 24 – paragraph 2
Amendment 108
Proposal for a regulation
Article 25 – title
Amendment 109
Proposal for a regulation
Article 25 – paragraph 1
Amendment 110
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Amendment 111
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Amendment 112
Proposal for a regulation
Article 25 – paragraph 2 b (new)
Amendment 113
Proposal for a regulation
Article 28 – title
Amendment 114
Proposal for a regulation
Article 28 – paragraph 2
Amendment 115
Proposal for a regulation
Article 29 – paragraph 3
Amendment 116
Proposal for a regulation
Article 30 – paragraph 1
Amendment 117
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Amendment 118
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Amendment 119
Proposal for a regulation
Article 31 – paragraph 1
Amendment 120
Proposal for a regulation
Article 31 – paragraph 2
Amendment 121
Proposal for a regulation
Article 31 – paragraph 3
Amendment 122
Proposal for a regulation
Article 31 – paragraph 4
Amendment 123
Proposal for a regulation
Article 31 – paragraph 5 – introductory part
Amendment 124
Proposal for a regulation
Article 31 – paragraph 5 – point a
Amendment 125
Proposal for a regulation
Article 31 – paragraph 5 – point b
Amendment 126
Proposal for a regulation
Article 31 – paragraph 5 – point e
Amendment 127
Proposal for a regulation
Article 31 – paragraph 5 – point g
Amendment 128
Proposal for a regulation
Article 31 – paragraph 6
Amendment 129
Proposal for a regulation
Article 31 – paragraph 6 a (new)
Amendment 130
Proposal for a regulation
Article 32 – paragraph 1
Amendment 131
Proposal for a regulation
Article 32 a (new)
Amendment 132
Proposal for a regulation
Article 35 – paragraph 1
Regulation (EU) 2019/817
Article 39 – paragraph 2
Amendment 133
Proposal for a regulation
Article 38 – paragraph 2
Amendment 134
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Amendment 135
Proposal for a regulation
Article 38 – paragraph 4 – point c a (new)
Amendment 136
Proposal for a regulation
Article 38 – paragraph 4 – point c b (new)
Amendment 137
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Amendment 138
Proposal for a regulation
Article 38 – paragraph 6
EXPLANATORY STATEMENT
This Regulation updates and replaces Directive 2004/82/EC, the existing legal framework on API data that intents to facilitate external border controls, combat illegal immigration and increase internal security. Whereas Directive 2004/82/EC has proven effective in improving border controls, its divergent application at national level has created inconsistencies, which are now being addressed by the new rules proposed by the Commission.
More specifically, this Regulation introduces:
1) provisions for the collection and transfer of API data by air carriers to the router, rules for the processing of API data by competent authorities and the storage and deletion of API data by both air carriers and competent authorities;
2) the establishement of a single point of reception and onward distribution of data, the router, which will be managed by eu-LISA; furthermore rules on the use of the router, on the deletion of the API data from the router and procedure in case of technical impossibilities to use the router;
3) provisions on the protection of personal data, as well as security and self-monitoring by air carriers and competent authorities;
4) rules and conditions on the possibility of an initial voluntary use of the router by air carriers, before its compulsory application;
5) requirements on supervision and possible penalties in case of non-compliance by air carriers.
This Regulation also includes budgetary provisions that will finance the establishment and functioning of the router and the costs incurred by the Member States (with some exceptions) in relation to their connections to and integration with the router, under the Union budget.
Rapporteur’s position
This Regulation should allow authorities to estimate in advance the necessary control capacity at airports and should enable air carriers to process the information and the check-in in a more efficient and faster way. The Rapporteur therefore welcomes this streamlined and simpler method for air carriers to provide API data through a centralised system. He also shares the view that digitalisation and automation can be a useful tool to mitigate errors and to allow for a better travel experience for passengers. Nevertheless, this Regulation should avoid going to the detriment of the travel experience of the legitimate traveller. In that sense, a clarification on the possibility to check in online was introduced, as well as a restriction to apply fees to the passengers when the data is provided at the airport.
The Rapporteur also shares the intention to ensure better quality API data in order to facilitate checks at external borders, while underlining the need to fully respect the citizens' fundamental right to data protection. In view of the sensitive nature of the personal data, the requirement to encrypt the API data when transferred from the air carrier to the router and further on to the competent authorites is introduced. The Rapporteur also proposes a clear restriction of the use of statistical data for specific defined purposes in Art. 31. For reasons of coherence and proportionality, the Rapporteur also intents to exclude both members of the crew and transit passengers from the scope of this Regulation.
The Rapporteur believes that this legislation should facilitate people travelling, with reduced times at disembarkation and at the physical border checks. Therefore, the Rapporteur introduces a provision in Article 38 which imposes a requirement on the Commission to carry out an assessment on the impact of this Regulation on the travel experience of travellers. He also calls for the establishement of a API contact group, to enhance cooperation and information exchange among Member States, EU institutions and stakeholders. The Rapporteur understands that in certain cases air carriers may need to keep logs for longer than for procedures for monitoring or ensuring the security and integrity of the API data or the lawfulness of the processing operations. As the reasons for a prolongation of the temporary storage period has not been made sufficiently clear in relation to the purpose of this Regulation, the Rapporteur prefers to limit the data retention period for both air carriers and competent border authorities to 24 hours.
Regarding the penalties imposed on air carries for non-compliance with the obligations as laid out in this Regulation, the Rapporteur shares the intention to make them effective and dissuasive, but he prefers to introduce a threshold for maximum penalties in order to fully ensure proportionality. The Rapporteur believes that the financial appropriation to the functioning of the router will determine its success, therefore eu-LISA should be provided with the necessary resources. In addition, in view of the expected increase in tasks for the EDPS and national data protection authorities, the Rapporteur includes provisions regarding the coverage of cost costs incurred by them as well.
As regards the provisions and references related to intra-EU flights in the Regulation (EU) [API law enforcement], the Rapporteur prefers to remove them from the text since it is questionable if the proposed filtering mechanism of the router would fully comply with the requirements of the Ligue des droits humains judgment. Moreover, he is of the opinion that separate provisions on non-discrimination and legal remedies are essential fundamental rights safeguards which apply horizontally.
Furthermore, the Rapporteur considers that the obligation to provide API data should not be extented to other means of transport. As such, he does not agree with the introduction of an opening clause in Recital 35, as proposed by the Commission.
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
The list above is drawn up under the exclusive responsibility of the rapporteur.
19.7.2023
OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM
for the Committee on Civil Liberties, Justice and Home Affairs
on the proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information (API) for enhancing and facilitating external border controls, amending Regulation (EU) 2019/817 and Regulation (EU) 2018/1726, and repealing Council Directive 2004/82/EC
(COM(2022)0729 – C90428 – 2022/0424(COD))
Rapporteur for opinion: JanChristoph Oetjen
SHORT JUSTIFICATION
This Regulation updates and replaces Directive 2004/82/EC, the existing legal framework on API data that facilitates external border controls, combats illegal immigration and increases internal security.
Whereas Directive 2004/82/EC has proven effective in improving boarder controls, its divergent application at national level has created inconsistencies. Inconsistencies that are takled by the new rules set by the proposed Regulation.
More specifically, this Regulation introduces:
1 provisions for the collection and tranfer of API data by air carriers to the router, the rule for the processing of API data by competent authorities and the storage and deletion of API data by both air carriers and competent authorities;
2 the establishement of a single point of reception and onward distribution of data, the router, which will be managed by an EU Agency, eu-LISA, the rules on the use of the router, on the deletion of the API data from the router and the procedure in case of a partial or full technical impossibility to use the router;
3 provisions on the protection of personal data, as well as security and self-monitoring by air carriers and competent authorities;
4 rules and conditions on the the possibility of an initial voluntary use of the router by air carriers, before its compulsory application;
5 requirements on supervision and possible penalties in case of non-compliance by air carriers.
This Regulation also includes budgetary provisions that will finance the establishment and functioning of the router and the costs incurred by the Member States (with some exceptions) in relation to their connections to and integration with the router, under the Union budget.
Rapporteur’s position
The Rapporteur welcomes this streamlined and simpler method for air carriers to provide API data, especially through a centralised system. He also shares the view that digitalisation and automation can be a useful tool to mitigate errors and to allow for a better travel experience for legitimate travellers.
The Rapporteur also shares the need to ensure better quality API data for law enforcement, in full respect of personal data protection. However, this Regulation should avoid going to the detriment of the travel experience of the legitimate traveller. It should also allow authorities to estimate in advance the necessary control capacity at airports and should enable air carriers to process the information at the check-in in a more efficient and faster way. The Rapporteur believes that this legislation should facilitate people travelling, with reduced times at disembarkation and at the physical border checks. Therefore, the Rapporteur introduces a provision in Article 8(1) that allows for the use of API data by air carriers for travel facilitation, in compliance with the General Data Protection Regulation. The Rapporteur also introduces a provision in Article 38, which imposes a requirement on the Commission to carry out an assessment on the impact of this Regulation on the travel experience of travellers.
The Rapporteur understands that in certain cases air carriers may need to keep logs for longer than for procedures for monitoring or ensuring the security and integrity of the API data or the lawfulness of the processing operations. However to avoid any missuse or abuse, the air carriers should inform and justify to the Commission the reason for keeping the logs longer.
The Rapporteur believes that the financial appropriation to the functioning of the router will determine its success, therefore eu-LISA should be provided with the necessary resources under the Union budget.
AMENDMENT
The Committee on Transport and Tourism calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take the following into account:
Amendment 1
Proposal for a regulation
Recital 8
Amendment 2
Proposal for a regulation
Recital 8 a (new)
Amendment 3
Proposal for a regulation
Recital 12 a (new)
Amendment 4
Proposal for a regulation
Recital 13
Amendment 5
Proposal for a regulation
Recital 13 a (new)
Amendment 6
Proposal for a regulation
Recital 13 b (new)
Amendment 7
Proposal for a regulation
Recital 15 a (new)
Amendment 8
Proposal for a regulation
Recital 15 b (new)
Amendment 9
Proposal for a regulation
Recital 16
Amendment 10
Proposal for a regulation
Recital 17
Amendment 11
Proposal for a regulation
Recital 17 a (new)
Amendment 12
Proposal for a regulation
Recital 19
Amendment 13
Proposal for a regulation
Recital 22
Amendment 14
Proposal for a regulation
Recital 23
Amendment 15
Proposal for a regulation
Recital 28 a (new)
Amendment 16
Proposal for a regulation
Article 6 – paragraph 2
Amendment 17
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Amendment 18
Proposal for a regulation
Article 6 – paragraph 3
Amendment 19
Proposal for a regulation
Article 8 – paragraph 1
Amendment 20
Proposal for a regulation
Article 9 – paragraph 3
Amendment 21
Proposal for a regulation
Article 12 – paragraph 1 – point b
Amendment 22
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Amendment 23
Proposal for a regulation
Article 24 – paragraph 1
Amendment 24
Proposal for a regulation
Article 25 – paragraph 1
Amendment 25
Proposal for a regulation
Article 28 – title
Amendment 26
Proposal for a regulation
Article 38 – paragraph 2
Amendment 27
Proposal for a regulation
Article 38 – paragraph 4 – point c a (new)
Amendment 28
Proposal for a regulation
Article 38 – paragraph 4 – point c b (new)
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
PROCEDURE – COMMITTEE RESPONSIBLE
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE