Carriers Order, 2007

L.N. 360 of 2007

EUROPEAN UNION ACT

(CAP. 460)

Communication of Passenger Data by Air

Carriers Order, 2007

IN exercise of the powers conferred by article 4(2) of the

European Union Act, the Prime Minister has made the following

(1) The title of this Order is the Communication of

Passenger Data by Air Carriers Order, 2007.

(2) The purpose of this Order is to transpose the European

Union Directive 2004/82/EC on the obligation of carriers to

communicate passenger data.

(3) This Order shall be without prejudice to the provisions

of article 15 of the Immigration Act and it shall have the aim of

improving border control and combating illegal immigration by the

transmission of advance passenger data by carriers.

In this Order, unless the context otherwise requires

“the Act” means the Immigration Act;

“the Board” means the Immigration Appeals Board as

stipulated in the Act;

“border crossing point” means any crossing point as may

be designated from time to time by the Principal Immigration

Officer for the crossing of external borders into Malta;

“carrier” means, for the purpose of this Order, any natural

or legal person whose occupation it is to provide passenger

transport by air from a third country to Malta;

“personal data” shall have the same meaning as assigned

to it by the Data Protection Act;

“the Minister” means the Minister responsible for

immigration;

“Principal Immigration Officer” means the person

appointed to such office by the Prime Minister under article 3

of the Act, and includes, within the limits of any authority

granted by the Principal Immigration Officer under article 3(3)

of the Act, any public officer acting under such authority;

“third country” means a country which is not a Member

State of the European Union and, for the purposes of this Order,

excludes Iceland and Norway.

(1) Not later than two hours before departure of a carrier Obligation of

carriers.

from a third country, the Principal Immigration Officer may request

such carrier to provide the following data concerning every passenger

that it will carry to Malta

(a) number and type of travel document used;

(b) nationality;

(c) full name and surname;

(d) date of birth;

(e) border crossing point of entry into the territory of

Malta;

(f) code of transport;

(g) departure and arrival time of the transportation;

(h) total number of passengers carried on that transport;

(i)

initial point of embarkation.

(2) Such data is to be collected by the carrier who shall be

obliged to take all necessary measures to transmit the data

electronically or, in case of failure, by any other appropriate means,

to the Principal Immigration Officer by the time of the closure of

check-in.

(1) A carrier who fails to transmit data in accordance with Sanctions.

this Order, or who transmits incomplete or false data, shall be liable

to pay to the Principal Immigration Officer such penalty as may be

established by him, being not less than one thousand three hundred

liri but not exceeding two thousand liri.

(2) Such penalty shall be recoverable by the Principal

Immigration Officer, after the term within which an appeal to the

Board may be entered has elapsed without an appeal having been

entered, or after the decision of such Board, as a civil debt due to

the Government and the provisions of article 466 of the Code of

Organization and Civil Procedure shall, notwithstanding any other

provision to the contrary, mutatis mutandis apply to such debt.

Any carrier who feels aggrieved by any decision of the

Principal Immigration Officer under article 4 hereof may, within

twenty working days of the notification of the decision, enter an

appeal to the Board against such decision and the Board shall have

jurisdiction to hear and determine such appeals.

(1) The carrier shall inform passengers that the data in

his possession may be referred to the Principal Immigration Officer

at his request and may be used for law enforcement purposes.

(2) The personal data referred to in article 3 which has

been transmitted to the Principal Immigration Officer shall be held

in a temporary file and, after the passengers who were the subject of

the communication have entered Malta, the Principal Immigration

Officer shall delete the data related to them within twenty-four hours

of transmission by the carrier, unless any data is still required by the

Principal Immigration Officer in the carrying out of his functions,

subject to the provisions of the Data Protection Act.

(3) Carriers shall be responsible to delete, within twenty-

four hours of the arrival of the means of transportation, the personal

data they had collected and transmitted to the Principal Immigration

Officer for the purposes of this Order.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.12 (€0.28)