Annexes to COM(2022)731 - Collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime - Main contents
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| dossier | COM(2022)731 - Collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of ... |
|---|---|
| document | COM(2022)731  |
| date | December 13, 2022 |
(1) Europol, Serious and Organised Crime Threat Assessment (SOCTA), 2021, https://www.europol.europa.eu/cms/sites/default/files/documents/socta2021_1.pdf .
(2) Europol, Terrorism Situation and Trend Report (Te-SAT), 2021, https://www.europol.europa.eu/cms/sites/default/files/documents/tesat_2021_0.pdf .
(3) Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
(4) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data.
(5) See point 18 of Annex 1 of Directive (EU) 2016/681.
(6) UN Security Council Resolution 2178(2014), 2309(2016), 2396(2017), 2482(2019), as well as OSCE Ministerial Council Decision 6/16 of 9 December 2016 on Enhancing the use of Advance Passenger Information.
(7) OSCE Ministerial Council Decision 6/16 of 9 December 2016 on Enhancing the use of Advance Passenger Information.
(8) European Commission, Staff Working Document Accompanying the Report on the review of Directive 2016/681, SWD(2020)128 final.
(9) COM(2021) 277 final (2.6.2021).
(10) PNR Directive sets conditions for the procession of the data such as the competent authorities involved (Article 7), period of data retention (Article 12) and protection of personal data (Article 13).
(11) CJEU, iudgment in case Case C-817/19, Ligue des droits humains.
(12) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
(13) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data.
(14) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(15) ICAO, Document 9303, Machine Readable Travel Documents, Eigth Edition, 2021, available at: https://www.icao.int/publications/documents/9303_p1_cons_en.pdf .
(16) CJEU, iudgment of 21 June 2022, case C-817/19, Ligue des droits humains.
(17) European Commission, Staff Working Document, Evaluation of the Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data (API Directive), Brussels, 8.9.2020, SWD(2020)174 final, pp. 26, 43.
(18) SWD(2020)174, p. 57.
(19) SWD(2020)174.
(20) https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12434-Border-law-enforcement-advance-air-passenger-information-API-revised-rules_en .
(21) Article 2(1) of Regulation (EU) 2021/1119 of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law).
(22) CJEU, judgment of 9.11.2010, Joined Cases C-92/09 and C-93/09 Volker und Markus Schecke and Eifert [2010] ECR I-0000.
(23) In line with Article 52(1) of the Charter, limitations may be imposed on the exercise of the right to data protection as long as the limitations are provided for by law, respect the essence of the right and freedoms and, subject to the principle of proportionality, are necessary and genuinely meet objectives of general interest recognised by the European Union or the need to protect the rights and freedoms of others.
(24) CJEU, judgment of 5 June 2018, Case C-673/16, Coman.
(25) Regulation (EU) 2021/1149 of the European Parliament and of the Council of 7 July 2021 establishing the Internal Security Fund.
(26) OJ C , , p. .
(27) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24).
(28) Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132).
(29) OJ C , , p. .
(30) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1.
(31) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016, p. 89.
(32) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39
(33) OJ L 123, 12.5.2016, p. 1.
(34) [OJ C …]
(35) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).