European Communities (Communication of Passenger Data) Regulations 2011
Source: Iris Oifigiúl 94 2011-11-25 01619-01619

num: 1
paragraphs: (1) These Regulations may be cited as the European Communities (Communication of Passenger Data) Regulations 2011.
(2) These Regulations come into operation on 1 November 2011.
num: 2
paragraphs: (1) In these Regulations:
(a) Aliens Act 1935 (No. 14 of 1935),
(b) Refugee Act 1996 (No. 17 of 1996),
(c) Immigration Act 1999 (No. 22 of 1999),
(d) Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000),
(e) Immigration Act 2003 (No. 26 of 2003), or
(f) Immigration Act 2004 (No. 1 of 2004);
(a) has committed, or is suspected of having committed—
(i) an immigration offence,
(ii) an offence in respect of which a European arrest warrant could be issued in the State or a Member State under the European Arrest Warrant Act 2003 (No. 45 of 2003),
(iii) an offence under the Employment Permits Acts 2003 and 2006 or any other enactment relating to employment in the State,
(iv) a revenue offence, or
(v) an offence under the Social Welfare Acts,
(b) has engaged in or facilitated, or is suspected of having engaged in or facilitated, illegal immigration, smuggling of persons or trafficking,
(c) is a victim, or is suspected of being a victim, of any of the activities referred to in paragraph (a) or (b) and the retention of the information concerned in accordance with Regulation 6 would assist in the investigation of any offence committed under those paragraphs, or
(d) on the basis of information available to him or her, the Minister is satisfied should be treated as a person of concern for any purpose mentioned in Regulation 3(1)(a);
(a) trafficking a child for the purpose of the exploitation of the child, or
(b) trafficking a person for the purpose of the exploitation of that person,
(2) A word or expression which is used in these Regulations and which is also used in the Council Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Directive.
3. (1)(a) The Minister may, for the purposes of—
(i) the operation and administration of the law concerning the entry into, presence in, departure and removal from the State of persons,
(ii) ensuring the orderly regulation of migration, the integrity of the immigration system or the prevention and control of the unlawful presence of persons in the State,
(iii) combating illegal immigration, smuggling of persons and trafficking,
(iv) establishing the identity and nationality of persons,
(v) establishing whether persons are persons of concern,
(b) The information specified in paragraph (2) shall be transmitted to the Minister by the end of passenger check-in.
(c) Where a carrier notifies the Minister that it is impossible for the information to be transmitted electronically, the Minister may agree to accept the transmission of the information in another way, so long as the information is received by the Minister in accordance with sub-paragraph (b).
(2) The information referred to in paragraph (1) in relation to each person carried or to be carried on board the vehicle is as follows—
(a) the number and type of the travel document used by him or her, as provided to the carrier concerned,
(b) his or her nationality, as provided to the carrier concerned,
(c) his or her full names, as provided to the carrier concerned,
(d) his or her date of birth, as provided to the carrier concerned,
(e) the port at which the person is to arrive in the State,
(f) the code of transport used,