Memorandum submitted by Flybe
The e-Borders programme has received a set-back
in respect of the letter sent by the EU Commission to UKBA on
the 17 December 2009.[24]
This states, amongst other things, that the passenger/crew
member can withhold his travel document data if he is an EU citizen
travelling within the EU. Furthermore, carriers are obliged to
inform the individual of his rights with respect to data collection
and cannot make this a condition of carriage.
The individual who declines to give his data
in this manner should also not be penalised or have any sanctions
imposed upon him because of his decision.
The result of this is that the UKBA cannot mandate
for 100% collection of travel document data within the EU, unless
a change of EU legislation takes place.
With respect to the Prime Minister's statement
that travel information will be obtained 24 hours prior to travel,
this again cannot apply to EU citizens travelling within the EU.
A further barrier to such a statement is that
again, EU legislation does not allow for an Authority To Carry
(ATC) scheme.
Therefore, any statements indicating that 100%
of passengers will be screened prior to travel are inaccurate
and misleading.
This is particularly frustrating for the air
carriers as we have constantly been advised by e-Borders that
system developments to accommodate API collection should be mindful
of the introduction of ATC.
Therefore, more costly functionality has been
developed when this may no longer be required.
The impact of the letter from the EU Commission
is that operationally, carriers are now placed in a very difficult
position with respect to data collection.
January 2010
24 See correspondence from the European Commission
to the UKBA, December 2009, Ev 30. Back
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