What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

– 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),(A9-0411/2023),

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

Proposal for a regulation

Recital 111

Or. en

Amendment 2

Proposal for a regulation

Recital 11 a (new)

Recital 2

Or. en

Amendment 3

Proposal for a regulation

Recital 144

Or. en

Amendment 4

Proposal for a regulation

Recital 15 a (new)

Recital 5

Or. en

Amendment 5

Proposal for a regulation

Recital 196

Or. en

Amendment 6

Proposal for a regulation

Recital 207

Or. en

Amendment 7

Proposal for a regulation

Recital 249

Or. en

Amendment 8

Proposal for a regulation

Recital 24 a (new)

Recital 10

Or. en

Amendment 9

Proposal for a regulation

Recital 24 b (new)

Recital 11

Or. en

Amendment 10

Proposal for a regulation

Article 1 – paragraph 1 – point a

Recital 11 a (new)

Or. en

Amendment 11

Proposal for a regulation

Article 3 – paragraph 1 – point g

Recital 11 b (new)

Or. en

Amendment 12

Proposal for a regulation

Article 3 – paragraph 1 – point h

Recital 11 c (new)

Or. en

Amendment 13

Proposal for a regulation

Article 3 – paragraph 1 – point i

Recital 11 d (new)

Or. en

Amendment 14

Proposal for a regulation

Article 3 – paragraph 1 – point m

Recital 11 e (new)

Or. en

Amendment 15

Proposal for a regulation

Article 3 – paragraph 1 – point n

Recital 11 f (new)

Or. en

Amendment 16

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1

Recital 12

Or. en

Amendment 17

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 2

Recital 12 a (new)

Or. en

Amendment 18

Proposal for a regulation

Article 5 a (new)

Recital 13

Or. en

Amendment 19

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 2

Recital 14

Or. en

Amendment 20

Proposal for a regulation

Article 8 – paragraph 1

Recital 14 a (new)

Or. en

Amendment 21

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1

Recital 15

Or. en

Amendment 22

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 2

Recital 15 a (new)

Or. en

Amendment 23

Proposal for a regulation

Article 12 – paragraph 2

Recital 16

Or. en

Amendment 24

Proposal for a regulation

Article 20 – paragraph 1 a (new)

Recital 16 a (new)

Or. en

Amendment 25

Proposal for a regulation

Recital 17

Amendment 26

Proposal for a regulation

Recital 17 a (new)

Amendment 27

Proposal for a regulation

Recital 17 b (new)

Amendment 28

Proposal for a regulation

Recital 17 c (new)

Amendment 29

Proposal for a regulation

Recital 17 d (new)

Amendment 30

Proposal for a regulation

Recital 17 e (new)

Amendment 31

Proposal for a regulation

Recital 17 f (new)

Amendment 32

Proposal for a regulation

Recital 18

Amendment 33

Proposal for a regulation

Recital 19

Amendment 34

Proposal for a regulation

Recital 20

Amendment 35

Proposal for a regulation

Recital 20 a (new)

Amendment 36

Proposal for a regulation

Recital 21

Amendment 37

Proposal for a regulation

Recital 23

Amendment 38

Proposal for a regulation

Recital 23 a (new)

Amendment 39

Proposal for a regulation

Recital 23 b (new)

Amendment 40

Proposal for a regulation

Recital 24

Amendment 41

Proposal for a regulation

Recital 24 a (new)

Amendment 42

Proposal for a regulation

Recital 24 b (new)

Amendment 43

Proposal for a regulation

Recital 25

Amendment 44

Proposal for a regulation

Recital 25 a (new)

Amendment 45

Proposal for a regulation

Recital 25 b (new)

Amendment 46

Proposal for a regulation

Article 1 – paragraph 1 – point a

Amendment 47

Proposal for a regulation

Article 1 – paragraph 1 – point c

Amendment 48

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Amendment 49

Proposal for a regulation

Article 3 – paragraph 1 – point c

Amendment 50

Proposal for a regulation

Article 3 – paragraph 1 – point d

Amendment 51

Proposal for a regulation

Article 3 – paragraph 1 – point e

Amendment 52

Proposal for a regulation

Article 3 – paragraph 1 – point g

Amendment 53

Proposal for a regulation

Article 3 – paragraph 1 – point h

Amendment 54

Proposal for a regulation

Article 3 – paragraph 1 – point i

Amendment 55

Proposal for a regulation

Article 3 – paragraph 1 – point m

Amendment 56

Proposal for a regulation

Article 3 – paragraph 1 – point n

Amendment 57

Proposal for a regulation

Article 4 – paragraph 1

Amendment 58

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Amendment 59

Proposal for a regulation

Article 4 – paragraph 1 b (new)

Amendment 60

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 1 a (new)

Amendment 61

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1

Amendment 62

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1 a (new)

Amendment 63

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1 b (new)

Amendment 64

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 2

Amendment 65

Proposal for a regulation

Article 4 – paragraph 4

Amendment 66

Proposal for a regulation

Article 4 – paragraph 5

Amendment 67

Proposal for a regulation

Article 4 – paragraph 6

Amendment 68

Proposal for a regulation

Article 4 – paragraph 7

Amendment 69

Proposal for a regulation

Article 4 – paragraph 7 a (new)

Amendment 70

Proposal for a regulation

Article 4 – paragraph 7 b (new)

Amendment 71

Proposal for a regulation

Article 4 – paragraph 8 – subparagraph 1 – introductory part

Amendment 72

Proposal for a regulation

Article 4 – paragraph 8 – subparagraph 1 – point a

Amendment 73

Proposal for a regulation

Article 4 – paragraph 8 a (new)

Amendment 74

Proposal for a regulation

Article 4 – paragraph 8 b (new)

Amendment 75

Proposal for a regulation

Article 4 – paragraph 9

Amendment 76

Proposal for a regulation

Article 4 – paragraph 9 a (new)

Amendment 77

Proposal for a regulation

Article 4 a (new)

Amendment 78

Proposal for a regulation

Chapter 2 a (new)

Amendment 79

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1

Amendment 80

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 3

Amendment 81

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 4

Amendment 82

Proposal for a regulation

Article 5 – paragraph 3

Amendment 83

Proposal for a regulation

Article 5 – paragraph 3 a (new)

Amendment 84

Proposal for a regulation

Article 5 a (new)

Amendment 85

Proposal for a regulation

Article 5 b (new)

Amendment 86

Proposal for a regulation

Article 6 – paragraph -1 (new)

Amendment 87

Proposal for a regulation

Article 6 – paragraph 1

Amendment 88

Proposal for a regulation

Article 6 – paragraph 3

Amendment 89

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Amendment 90

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 1

Amendment 91

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 2

Amendment 92

Proposal for a regulation

Article 6 a (new)

Amendment 93

Proposal for a regulation

Article 7 – paragraph 1

Amendment 94

Proposal for a regulation

Article 7 a (new)

Amendment 95

Proposal for a regulation

Article 7 b (new)

Amendment 96

Proposal for a regulation

Article 8 – paragraph 1

Amendment 97

Proposal for a regulation

Article 8 – paragraph 2

Amendment 98

Proposal for a regulation

Article 8 – paragraph 2 a (new)

Amendment 99

Proposal for a regulation

Article 8 – paragraph 2 b (new)

Amendment 100

Proposal for a regulation

Article 9 a (new)

Amendment 101

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 2

Amendment 102

Proposal for a regulation

Article 10 – paragraph 2

Amendment 103

Proposal for a regulation

Article 11 – paragraph 2

Amendment 104

Proposal for a regulation

Article 11 a (new)

Amendment 105

Proposal for a regulation

Article 11 b (new)

Amendment 106

Proposal for a regulation

Article 11 c (new)

Amendment 107

Proposal for a regulation

Article 12 – title

Amendment 108

Proposal for a regulation

Article 12 – paragraph -1 (new)

Amendment 109

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1

Amendment 110

Proposal for a regulation

Article 12 – paragraph 1 a (new)

Amendment 111

Proposal for a regulation

Article 12 – paragraph 1 b (new)

Amendment 112

Proposal for a regulation

Article 12 – paragraph 2

Amendment 113

Proposal for a regulation

Article 13

Amendment 114

Proposal for a regulation

Article 14 a (new)

Amendment 115

Proposal for a regulation

Article 14 b (new)

Amendment 116

Proposal for a regulation

Article 14 c (new)

Amendment 117

Proposal for a regulation

Article 16 – paragraphs 1 and 2

Amendment 118

Proposal for a regulation

Article 16 – paragraph 1 a (new)

Amendment 119

Proposal for a regulation

Article 16 – paragraph 1 b (new)

Amendment 120

Proposal for a regulation

Article 16 a (new)

Amendment 121

Proposal for a regulation

Article 17 – paragraph 1

Amendment 122

Proposal for a regulation

Article 17 a (new)

Amendment 123

Proposal for a regulation

Article 18 – paragraph 1

Regulation (EU) 2019/818

Article 39 – paragraph 2

Amendment 124

Proposal for a regulation

Article 18 a (new)

Amendment 125

Proposal for a regulation

Article 19 – paragraph 2

Amendment 126

Proposal for a regulation

Article 19 – paragraph 3

Amendment 127

Proposal for a regulation

Article 20 – paragraph -1 (new)

Amendment 128

Proposal for a regulation

Article 20 – paragraph -1 a (new)

Amendment 129

Proposal for a regulation

Article 20 – paragraph -1 b (new)

Amendment 130

Proposal for a regulation

Article 20 – paragraph 1 – introductory part

Amendment 131

Proposal for a regulation

Article 20 – paragraph 1 – point c a (new)

Amendment 132

Proposal for a regulation

Article 20 – paragraph 1 – point c b (new)

Amendment 133

Proposal for a regulation

Article 20 – paragraph 1 a (new)

Amendment 134

Proposal for a regulation

Article 20 – paragraph 1 b (new)

Or. en

Amendment 135

Proposal for a regulation

Article 20 – paragraph 2

Amendment 136

Proposal for a regulation

Article 21 – paragraph 2

Amendment 137

Proposal for a regulation

Article 21 – paragraph 3

EXPLANATORY STATEMENT

The rapporteur insists on including in the regular Commission evaluation the impact of this Regulation, also in combination with other legislation applying to passenger air travel, on passengers and on air carriers.

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 she 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 for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818

(COM(2022)0731 – C90427/2022 – 2022/0425(COD))

Rapporteur for opinion: JanChristoph Oetjen

SHORT JUSTIFICATION

This Regulation sets new uniform rules on the collection and transfer of Advance Passenger Information (API), which includes a closed list of API data, the means to collect them and a single point for the transfer of these data, for the prevention of, detention, investigation and prosecution of terrorist offences and serious crime.

Serious and organised crime has continued to increase over the last decades and airports are often the transit points for drug trafficking, smuggling of persons or other illicit goods. Therefore, good information on travellers is a key tool for law enforcement authorities in the prevention of, detention, investigation and prosecution of terrorist offences and serious crime.

Advance Passenger Information (API) and Passenger Name Records (PNR) are two types of air passenger data, that, when combined, are particularly useful for identifying high-risk travellers and their travel patterns.

Under the current PNR Directive, air carriers are not obliged and do not have any commercial interest in collecting the full set of API data. Therefore, for the purposes of fighting terrorism and serious crime, this Regulation sets complementary and harmonised rules to collect and transfer API data and extends its application to the same flights, covered by the PNR directive, notably extra-EU flights and selected intra-EU flights.

Overall, the proposal for a regulation introduces:

1. provisions to collect API data by air carriers and streamline the transfer and transmission of API data by air carriers to national authorities through a single router, which will be managed by the EU Agency eu-LISA. It also sets the rules for the transmission of API data to the competent authorities, notably the Passenger Information Units (‘PIUs’), by the router.

2. a requirement to provide better quality API data, as air carriers will have “to collect API data by automated means only" putting an end to the laborious and, more importantly, error-prone experience of passengers who must manually type in travel document information between the purchase of tickets and check-in.

3. provisions on the protection of personal data, as well as security and self-monitoring by air carriers and PIUs.

4. requirements on supervision and possible penalties in case of non-compliance by air carriers.

The 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 an useful tool to mitigate errors and to allow for a better travel experience of 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. Therefore, the Rapporteur introduces a provision in Article 20, which imposes a requirement on the Commission to carry out an assessment on the impact of this Regulation on the travel experience of legitimate 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 the eu-LISA should be provided with the necessary resources. Moreover, eu-LISA should also provide training to air carriers and PIUs to facilitate the correct connection and integration to the router, and to effectively transfer and receive API data. To that effect, eu-LISA should develop the router to enable the air carriers’ systems to connect and transmit API data to the router in accordance with existing standard and technical requirements.

AMENDMENTS

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 6 a (new)

Amendment 2

Proposal for a regulation

Recital 6 b (new)

Amendment 3

Proposal for a regulation

Recital 7

Amendment 4

Proposal for a regulation

Recital 10

Amendment 5

Proposal for a regulation

Recital 11

Amendment 6

Proposal for a regulation

Recital 11 a (new)

Amendment 7

Proposal for a regulation

Recital 11 b (new)

Amendment 8

Proposal for a regulation

Recital 12 a (new)

Amendment 9

Proposal for a regulation

Recital 14

Amendment 10

Proposal for a regulation

Recital 15

Amendment 11

Proposal for a regulation

Recital 16

Amendment 12

Proposal for a regulation

Recital 19

Amendment 13

Proposal for a regulation

Recital 23 a (new)

Amendment 14

Proposal for a regulation

Recital 26 a (new)

Amendment 15

Proposal for a regulation

Article 1 – paragraph 1 – point a

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1 – point c

Amendment 17

Proposal for a regulation

Article 2 – paragraph 1

Amendment 18

Proposal for a regulation

Article 3 – paragraph 1 – point c

Amendment 19

Proposal for a regulation

Article 3 – paragraph 1 – point h

Amendment 20

Proposal for a regulation

Article 3 – paragraph 1 – point n

Amendment 21

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1

Amendment 22

Proposal for a regulation

Article 4 – paragraph 7

Amendment 23

Proposal for a regulation

Article 4 – paragraph 7 a (new)

Amendment 24

Proposal for a regulation

Article 4 – paragraph 9

Amendment 25

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1

Amendment 26

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 3

Amendment 27

Proposal for a regulation

Article 5 – paragraph 2

Amendment 28

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 2

Amendment 29

Proposal for a regulation

Article 11 a (new)

Amendment 30

Proposal for a regulation

Article 20 – paragraph 1 – point c a (new)

Amendment 31

Proposal for a regulation

Article 20 – paragraph 1 – 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