Memorandum submitted by TUI Travel
Thank you for your further enquiry. TUI Travel
has some problems with the recent letter from the EU Commission
dated 17 December, particularly the conditions and assurances
that the Home Office have given in relation to passengers travelling
intra-EU that decline to give permission for their API data to
be transmitted to e-Borders.
Our departure control airline systems are configured
to ensure that 100% of passengers provide API on routes where
API is mandated. This is to ensure that we meet the very high
accuracy standards that are set by most countries, ie 100% of
passenger's data. Thus we have no facility to enable a passenger
to refuse to give data, whilst providing data on the remaining
passengers. The Home Office agreed the concessions with the EU
without any reference back to Air Carriers, they (e-Borders) were
very surprised when we advised them they had agreed to an unworkable
procedure. Additionally the EU commission letter[25]
also states that where data is processed other than in that Member
State, then the requirements must comply with both the UK DPA
and the other member state DPA requirements. Our data is stored
and "processed" in Germany thus we are unable to go
live with our crew data or our upstream capture model whilst we
get clearance from the German DPA. We are however continuing to
provide API data from all non-manual airports.
We have met with e-Border officials who are
looking at how they might move forwards, but in the meantime we
are left with the option of meeting the e-Borders requirement
to provide data on intra-EU routes (UK Law), in the hope that
no passenger actually objects, or meet the letter of the EU requirements
and not provide intra-EU passenger data (EU Law). Given the events
of 25 December 2009, we have taken the view that the UK authorities
are better served if we continue to provide data on intra-EU travel
whilst we work through the options with e-Borders.
It would appear that airlines will have a duty
to inform the passenger that provision of API data on intra EU
routes is not mandatory, this we believe will need a change in
UK legislation.
With regards to watch lists we are awaiting
more information from our colleagues at Transec, but understand
that e-borders may be the vehicle that such checks are made. Quite
how this will fit with the intra EU travel will remain to be seen.
I have attached a copy of the correspondence
that we received from e-Borders in relation to the intra-EU capture.
Turning now to equitability with other modes
of transport; I now represent Island Cruises and Thomson Cruises,
two cruise companies that are part of the TUI Travel UK portfolio,
and thus attended the Maritime Working group of e-Borders last
week. It is now evident that the Home office have done a complete
180 degree u-turn in relation to capture of data for ferries,
and are now investigating the use of juxtaposed control points
data capture, to meet the inbound requirements. Clearly they have
taken note of paragraph 29 of the Select Committee report—The
e-Borders Programme. Additionally they are considering how e-Borders
can use outbound passenger data for the inbound trip. You will
recall that during our evidence session last July we advised the
committee that this option had been rejected by e-Borers for air
travel charter carriers, where we have had to create our own "upstream
capture" website that is able to capture data ahead of travel
to transmit to e-Borders. It is therefore especially galling to
now find this solution is being considered for ferry companies
after we have spent hundreds of thousands of pounds developing
a system because e-Borders stated categorically that this was
not a possible option (see page 9 of the Select Committee report).
Furthermore, given the EU position on intra-EU data transmission
the discussion for ferries is now one of "provide us the
data that you currently have" with the clear impression that
ferry operators will NOT be required to provide TDI data, yet
at the same time maintaining that both air and cruise operators
must provide such data, within the limitations of a passenger
declining to provide data.
In light of the above situation we will be carefully
following developments with Ferry companies and ports to compare
how other sectors are being disadvantaged.
Finally as we stated during our evidence to
the committee the UK airlines are committed to working with the
Home office and Government to secure the border, but this must
be done in an equitable manner.
January 2010
25 Ibid. Back
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