In article 19 of the Passenger Name Record directive (https://eur-lex.europa.eu/eli/dir/2016/6...) it is stated that EU member states need to provide a report to the EU council and EU parliament by May 25th 2020.

My questions are as follows:

Which EU member states did already provide such a report?
Will those reports be published? If yes, when and where? If no, why not?
What is the consequence of member states not providing such a report?

If reports have been submitted already, I friendly request to see these reports.

Best regards,

Iwona Laub
Communication Manager
epicenter.works - Plattform Grundrechtspolitik
Widerhofergass 8/2/4
1090 Wien

AccesDocs, Europäisches Parlament

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Dear Ms Laub,

 

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for public access to documents, registered on 7 July 2020, under the
reference A(2020) 7485. All applications for public access to documents
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Kind regards,

 

[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb

 

 

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Dear Ms Laub,

 

Parliament would like to draw your attention to the fact that according to
Article 19 of the 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
[1]https://eur-lex.europa.eu/legal-content/...
there is no obligation for Member States to report to the EP and the
Council.

 

As requested by Article 19 of the PNR Directive, on the basis of the
information provided by the Members states, it is the Commission who shall
conduct a review, submit and present a report to the European Parliament
and Council.

Article 19 - Review

1. On the basis of information provided by the Member States, including
the statistical information referred to in Article 20(2),

the Commission shall by 25 May 2020 conduct a review of all the elements
of this Directive and submit and present a report to the European
Parliament and to the Council.

2. In conducting its review, the Commission shall pay special attention
to:

a)  compliance with the applicable standards of protection of personal
data,

(b)  the necessity and proportionality of collecting and processing PNR
data for each of the purposes set out in this Directive,

(c)  the length of the data retention period,

(d)  the effectiveness of exchange of information between the Member
States, and

(e)  the quality of the assessments including with regard to the
statistical information gathered pursuant to Article 20.

3. The report referred to in paragraph 1 shall also include a review of
the necessity, proportionality, and effectiveness of including within the
scope of this Directive

the mandatory collection and transfer of PNR data relating to all or
selected intra-EU flights. The Commission shall take into account the
experience gained by Member States,

especially those Member States that apply this Directive to intra-EU
flights in accordance with Article 2.

The report shall also consider the necessity of including non-carrier
economic operators, such as travel agencies and tour operators which
provide travel-related services,

including the booking of flights, within the scope of this Directive.

4. If appropriate, in light of the review conducted pursuant to this
Article,

the Commission shall make a legislative proposal to the European
Parliament and to the Council with a view to amending this Directive.

 

According to the information gathered by Parliament from the competent
Commission services the process to review the Directive’s application was
actually concluded by 25 May 2020 and the procedure to formally adopt the
Commission’s report is at a very advanced stage, and will be finalized in
the coming weeks.  It will be publicly available and will be sent to the
Parliament as soon as adopted. The Commission services are also already in
contact with the LIBE Secretariat to fix a date on which the Commission
can present the report after the summer.

 

The link at which the report will be made available as soon as adopted is
available here:
[2]https://ec.europa.eu/home-affairs/sites/...

Please consider that in case there is any change on adoption date, the
link will be changed as well.  Therefore, please refer to DG HOME’s
website: [3]https://ec.europa.eu/home-affairs/index_en

 

On this basis Parliament considers your request handled and the file
closed. Please do not hesitate to submit a new request should you identify
specific documents to which you would like to request public access to.

 

Kind regards,

 

[4]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[5][email address]
[6]www.europarl.europa.eu/RegistreWeb

 

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Dear Ms Laub,

 

On the 7^th July, you requested the report, announced in the Article 19 of
the DIRECTIVE (EU) 2016/681 on the use of passenger name record (PNR) data
for the prevention, detection, investigation and prosecution of terrorist
offences and serious crime; the Commission competent Units informed
Parliament that the report was adopted today! 

 

Please find here the link to it :
[1]https://ec.europa.eu/home-affairs/news/2...

 

Kind regards,

[2]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[3][email address]
[4]www.europarl.europa.eu/RegistreWeb

 

 

From: AccesDocs
Sent: 17 July 2020 12:50
To: 'Iwona Laub' <[FOI #8312 email]>
Subject: A (2020) 7485 EM/en

 

Dear Ms Laub,

 

Parliament would like to draw your attention to the fact that according to
Article 19 of the 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
[5]https://eur-lex.europa.eu/legal-content/...
there is no obligation for Member States to report to the EP and the
Council.

 

As requested by Article 19 of the PNR Directive, on the basis of the
information provided by the Members states, it is the Commission who shall
conduct a review, submit and present a report to the European Parliament
and Council.

Article 19 - Review

1. On the basis of information provided by the Member States, including
the statistical information referred to in Article 20(2),

the Commission shall by 25 May 2020 conduct a review of all the elements
of this Directive and submit and present a report to the European
Parliament and to the Council.

2. In conducting its review, the Commission shall pay special attention
to:

a) compliance with the applicable standards of protection of personal
data,

(b) the necessity and proportionality of collecting and processing PNR
data for each of the purposes set out in this Directive,

(c) the length of the data retention period,

(d) the effectiveness of exchange of information between the Member
States, and

(e) the quality of the assessments including with regard to the
statistical information gathered pursuant to Article 20.

3. The report referred to in paragraph 1 shall also include a review of
the necessity, proportionality, and effectiveness of including within the
scope of this Directive

the mandatory collection and transfer of PNR data relating to all or
selected intra-EU flights. The Commission shall take into account the
experience gained by Member States,

especially those Member States that apply this Directive to intra-EU
flights in accordance with Article 2.

The report shall also consider the necessity of including non-carrier
economic operators, such as travel agencies and tour operators which
provide travel-related services,

including the booking of flights, within the scope of this Directive.

4. If appropriate, in light of the review conducted pursuant to this
Article,

the Commission shall make a legislative proposal to the European
Parliament and to the Council with a view to amending this Directive.

 

According to the information gathered by Parliament from the competent
Commission services the process to review the Directive’s application was
actually concluded by 25 May 2020 and the procedure to formally adopt the
Commission’s report is at a very advanced stage, and will be finalized in
the coming weeks. It will be publicly available and will be sent to the
Parliament as soon as adopted. The Commission services are also already in
contact with the LIBE Secretariat to fix a date on which the Commission
can present the report after the summer.

 

The link at which the report will be made available as soon as adopted is
available here:
[6]https://ec.europa.eu/home-affairs/sites/...

Please consider that in case there is any change on adoption date, the
link will be changed as well. Therefore, please refer to DG HOME’s
website: [7]https://ec.europa.eu/home-affairs/index_en

 

On this basis Parliament considers your request handled and the file
closed. Please do not hesitate to submit a new request should you identify
specific documents to which you would like to request public access to.

 

Kind regards,

 

[8]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[9][email address]
[10]www.europarl.europa.eu/RegistreWeb

 

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