Initiative of the Kingdom of Spain with a view to adopting a Council Directive on the obligation of carriers to communicate passenger data
Date: 2003-04-05
Institutions: Spain
Subjects: Spain, carrier, customs inspection, disclosure of information, personal data

5.4.2003

EN

Official Journal of the European Union

C 82/23

Initiative of the Kingdom of Spain with a view to adopting a Council Directive on the obligation
of carriers to communicate passenger data

(2003/C 82/08)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 62(2)(a) and Article
63(3)(b) thereof,

Having regard to the initiative of the Kingdom of Spain (1),

Having regard to the Opinion of the European Parliament (2),

Whereas:

(1) In order to combat illegal

it

immigration effectively,

that all Member States

is
introduce provisions
essential
laying down obligations of carriers
transporting third
country nationals into the territory of the Member States.
In addition, in order to ensure the greater effectiveness of
this objective, the financial penalties currently provided for
by the Member States for cases where carriers fail to meet
their obligations should be harmonised to the extent
in legal
possible,
systems and practices between the Member States.

taking into account

the differences

(2) This measure forms part of the general provisions aimed at
immi-

curbing migratory flows and combating illegal
gration.

(3) The freedom of the Member States to retain or introduce
additional measures or penalties
for carriers, whether
referred to in this Directive or not, should not be affected.

(4) Member States should ensure that

in any proceedings
in the
brought
against
application of penalties,
the rights of defence and the
right of appeal against such decisions can be exercised
effectively.

carriers which may

result

the Executive Committee of

(5) These measures take up the control options set out in the
Decision of
Schengen
(SCH/com-ex (94) 17-rev. 4), aimed at enabling border
checks to be increased and providing for sufficient time
to enable detailed and comprehensive
to be
carried out on all passengers through the electronic trans-
mission of passenger data to the airport of arrival.

checks

the

the

and

Treaty

establishing

participating

(6) In accordance with Articles 1 and 2 of the Protocol on the
position of Denmark annexed to the Treaty on European
European
Union
the
is not
Community, Denmark
adoption of this Directive, and is therefore not bound by
it or subject to its application. Given that this instrument
aims
the
to build upon the Schengen acquis under
the Treaty establishing the
provisions of Title IV of
in accordance with Article 5 of
European Community,
the abovementioned Protocol, Denmark will decide within
a period of 6 months after the Council has adopted this
Directive whether it will implement it in its national law.

in

(7) As regards the Republic of Iceland and the Kingdom of
Norway, this Directive constitutes a development of the
Schengen acquis within the meaning of the Agreement
concluded on 18 May 1999 by the Council of
the
European Union and those two States concerning the
association of
those States with the implementation,
application and development of the Schengen acquis,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Aim

Member States shall take the necessary steps to establish an
obligation for carriers to transmit to the authorities responsible
for carrying out border checks:

(a) at the time of boarding, information concerning the people

they are preparing to carry;

(b) information on foreign nationals carried by them to the
territory of
the Member States and who, on the date
stipulated on the travel ticket, have not returned to their
country of origin or have not continued their journey to a
third country. This information must be transmitted at the
latest within forty-eight hours of the date stipulated for the
return journey or for continuing the journey to a third
country.

The information referred to above shall comprise the number
of the passport or travel document used, nationality, first name
and family name(s) and the date and place of birth.

Article 2

Sanctions

(1) OJ C . . .
(2) OJ C . . .

1. Member States shall
take the necessary measures to
ensure that the sanctions applicable to carriers are dissuasive,
effective and proportionate and that either:

C 82/24

EN

Official Journal of the European Union

5.4.2003

(a) the maximum amount of such sanctions is not less than

EUR 5 000; or

(b) the minimum amount of such sanctions is not less than

EUR 3 000,

than the equivalent national currency at

the rate of
or
exchange published in the Official
Journal on . . ., for each
journey for which passenger data were not communicated or
were communicated incorrectly.

2. Member States may adopt or retain, for carriers which do
not comply with the obligations arising from the provisions of
this Directive, other sanctions, such as immobilisation, seizure
and confiscation of
transport, or temporary
suspension or withdrawal of the operating licence.

the means of

Article 3

Proceedings

Member States shall ensure that their laws, regulations and
administrative provisions stipulate that carriers against which
proceedings are brought with a view to imposing penalties
have effective rights of defence and appeal.

Article 5

Transposal

1. Member States shall
comply with this Directive not
forthwith inform the Commission thereof.

take the necessary measures to
later than . . . They shall

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate the main provisions of
national
law which they adopt in the field covered by this
Directive to the Commission.

Article 6

Entry into force

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

Article 7

Addressees

Article 4

Data processing

This Directive is addressed to the Member States in accordance
with the Treaty establishing the European Community.

The personal data referred to in Article 1 shall be
1.
communicated to the authorities responsible for carrying out
checks on persons at external borders for the sole purpose of
facilitating the performance of such checks.

Done at . . .

After

2.
completed, Member States shall delete the data transmitted.

the border checks on passengers have been

For the Council

The President

. . .