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From · report parliamentary committee draft · 2023-07-05 LIBE-PR-750252 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

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To · Plenary report · 2023-12-07 A-9-2023-0409 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

+355 added · −98 removed · 39 modified paragraphs hide unchanged text

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0729),

– having regard to Article 294(2) and Articles ~~77(2)~~77(2), points (b) and (d) and ~~79(2)~~79(2), point (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 Committee on Transport and Tourism,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs ~~(A90000/2023),~~(A9-0409/2023),

1. Adopts its position at first reading hereinafter set out;

Proposal for a regulation

Recital 21

~~Or. en~~

Amendment 2

Proposal for a regulation

Recital 72

~~Or. en~~

Amendment 3

Proposal for a regulation

~~Recital 7 a (new)~~

Recital 3

~~Or. en~~

Amendment 4

Proposal for a regulation

Recital 85

~~Or. en~~

Amendment 5

Proposal for a regulation

Recital 106

~~Or. en~~

Amendment 6

Proposal for a regulation

Recital 137

~~Or. en~~

Amendment 7

Proposal for a regulation

~~Recital 13 a (new)~~

Recital 8

~~Or. en~~

Amendment 8

Proposal for a regulation

Recital 169

~~Or. en~~

Amendment 9

Proposal for a regulation

~~Recital 19~~

Recital 9 a (new)

~~Or. en~~

Amendment 10

Proposal for a regulation

~~Recital 23~~

Recital 9 b (new)

~~Or. en~~

Amendment 11

Proposal for a regulation

~~Recital 35~~

Recital 9 c (new)

~~Or. en~~

Amendment 12

Proposal for a regulation

~~Article 2 – paragraph 1~~

Recital 9 d (new)

~~Or. en~~

Amendment 13

Proposal for a regulation

~~Article 3 – paragraph 1 – point a~~

Recital 10

~~Or. en~~

Amendment 14

Proposal for a regulation

~~Article 3 – paragraph 1 – point a a (new)~~

Recital 10 a (new)

~~Or. en~~

Amendment 15

Proposal for a regulation

~~Article 3 – paragraph 1 – point e~~

Recital 11

~~Or. en~~

Amendment 16

Proposal for a regulation

~~Article 3 – paragraph 1 – point f~~

Recital 13

~~Or. en~~

Amendment 17

Proposal for a regulation

~~Article 3 – paragraph 1 – point h~~

Recital 15

~~Or. en~~

Amendment 18

Proposal for a regulation

~~Article 3 – paragraph 1 – point j~~

Recital 16

~~Or. en~~

Amendment 19

Proposal for a regulation

~~Article 3 – paragraph 1 – point k~~

Recital 17

~~Or. en~~

Amendment 20

Proposal for a regulation

~~Article 4 – paragraph 1~~

Recital 17 a (new)

~~Or. en~~

Amendment 21

Proposal for a regulation

~~Article 4 – paragraph 2 – introductory part~~

Recital 19

~~Or. en~~

Amendment 22

Proposal for a regulation

~~Article 4 – paragraph 2 – point e~~

Recital 20

~~Or. en~~

Amendment 23

Proposal for a regulation

~~Article 4 – paragraph 2 – point g~~

Recital 22

~~Or. en~~

Amendment 24

Proposal for a regulation

~~Article 4 – paragraph 2 – point h~~

Recital 23

~~Or. en~~

Amendment 25

Proposal for a regulation

~~Article 4 – paragraph 3 – introductory part~~

Recital 25

~~Or. en~~

Amendment 26

Proposal for a regulation

~~Article 4 – paragraph 3 – point a~~

Recital 25 a (new)

~~Or. en~~

Amendment 27

Proposal for a regulation

~~Article 5 – paragraph 2 – subparagraph 1~~

Recital 28 a (new)

~~Or. en~~

Amendment 28

Proposal for a regulation

~~Article 5 – paragraph 2 – subparagraph 1 a (new)~~

Recital 30

~~Or. en~~

Amendment 29

Proposal for a regulation

~~Article 6 – paragraph 1~~

Recital 31

~~Or. en~~

Amendment 30

Proposal for a regulation

~~Article 6 – paragraph 2~~

Recital 31 a (new)

~~Or. en~~

Amendment 31

Proposal for a regulation

~~Article 6 – paragraph 3~~

Recital 34 a (new)

~~Or. en~~

Amendment 32

Proposal for a regulation

~~Article 8 – paragraph 1~~

Recital 34 b (new)

~~Or. en~~

Amendment 33

Proposal for a regulation

~~Article 8 – paragraph 2~~

Recital 35

~~Or. en~~

Amendment 34

Proposal for a regulation

Article 81 – paragraph 1 – subparagraph 1 a (new)

~~Or. en~~

Amendment 35

Proposal for a regulation

~~Article 8 b (new)~~

Article 3 – paragraph 1 – point e

~~Or. en~~

Amendment 36

Proposal for a regulation

Article 93 – paragraph 21 – point bf

~~Or. en~~

Amendment 37

Proposal for a regulation

Article 93 – paragraph 21 a– ~~(new)~~point h

~~Or. en~~

Amendment 38

Proposal for a regulation

Article 103 – paragraph 1 – point j

~~Or. en~~

Amendment 39

Proposal for a regulation

Article 113 – paragraph 1 – ~~subparagraph~~point 1k

~~Or. en~~

Amendment 40

Proposal for a regulation

Article 113 – paragraph 31 – point l

~~Or. en~~

Amendment 41

Proposal for a regulation

Article 114 – paragraph 41

~~Or. en~~

Amendment 42

Proposal for a regulation

Article 124 – paragraph 12 – introductory part

~~Or. en~~

Amendment 43

Proposal for a regulation

Article 124 – paragraph 12 – point ~~a a (new)~~e

~~Or. en~~

Amendment 44

Proposal for a regulation

Article 124 – paragraph 12 – point bg

~~Or. en~~

Amendment 45

Proposal for a regulation

Article 134 – paragraph ~~1 – subparagraph 1~~2 – ~~introductory~~point ~~part~~h

~~Or. en~~

Amendment 46

Proposal for a regulation

Article 134 – paragraph 23 – introductory part

~~Or. en~~

Amendment 47

Proposal for a regulation

Article 134 – paragraph 53 – ~~subparagraph~~point 2a

~~Or. en~~

Amendment 48

Proposal for a regulation

Article 195 – paragraph 1 – subparagraph 1 a (new)

~~Or. en~~

Amendment 49

Proposal for a regulation

Article 195 – paragraph 2 – subparagraph 1

~~Or. en~~

Amendment 50

Proposal for a regulation

~~Article 25 – title~~

Article 5 – paragraph 2 – subparagraph 1 a (new)

~~Or. en~~

Amendment 51

Proposal for a regulation

Article 255 – paragraph 2 a– subparagraph 1 b (new)

~~Or. en~~

Amendment 52

Proposal for a regulation

Article 255 – paragraph 2 b– ~~(new)~~subparagraph 2

~~Or. en~~

Amendment 53

Proposal for a regulation

Article 285 – ~~title~~paragraph 3

~~Or. en~~

Amendment 54

Proposal for a regulation

Article 285 – paragraph 24

~~Or. en~~

Amendment 55

Proposal for a regulation

Article 296 – paragraph 31

~~Or. en~~

Amendment 56

Proposal for a regulation

Article 306 – paragraph 2 ~~a (new)~~

~~Or. en~~

Amendment 57

Proposal for a regulation

Article 316 – paragraph 13

~~Or. en~~

Amendment 58

Proposal for a regulation

Article 316 – paragraph ~~5 – introductory part~~4

~~Or. en~~

Amendment 59

Proposal for a regulation

Article 317 – paragraph ~~5 – point~~1 a (new)

~~Or. en~~

Amendment 60

Proposal for a regulation

Article 318 – paragraph ~~5 – point b~~1

~~Or. en~~

Amendment 61

Proposal for a regulation

Article 318 – paragraph ~~5 – point e~~2

~~Or. en~~

Amendment 62

Proposal for a regulation

Article 318 – paragraph ~~5 –~~2 ~~point~~a g(new)

~~Or. en~~

Amendment 63

Proposal for a regulation

Article 318 – paragraph ~~5 – subparagraph 1~~2 ab (new)

~~Or. en~~

Amendment 64

Proposal for a regulation

Article 318 – paragraph 62 ac (new)

~~Or. en~~

Amendment 65

Proposal for a regulation

Article 328 – paragraph 13

~~Or. en~~

Amendment 66

Proposal for a regulation

Article 328 a (new)

~~Or. en~~

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

Article 39 – paragraph 2

~~Or. en~~

Amendment 133

~~Amendment 68~~

Proposal for a regulation

Article 38 – paragraph 2

~~Or. en~~

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

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

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE