Memorandum submitted by the Board of Airline
Representatives in the UK (BAR UK)
BAR UK, with many others in the airline sector,
is engaged with e-Borders, primarily through the Air Carriers
Connectivity Working Group (ACCWG). Separately, the non-air carriers
have their own working groups.
Right now, it is perceived that e-Borders is
like a coin standing upright, but at risk of toppling.
It is understood that the EU legality test has
been passed but that, in practice, great big gaps in data provision
could be revealed in respect of EU nationals making intra-EU journeys.
Furthermore, a similar situation may exist in
respect of EU nationals making extra-EU journeys but changing
planes within the EU. That national would seem to have the right
to decline data being data being provided for the intra-EU sectors,
and UKBA would have no right for the other sectors taking place
between 3rd party states. A sample journey would be Sydney/Frankfurt/London
where there is a change of aircraft and flight number at Frankfurt.
Reverting to the matter of intra-EU flights,
UKBA has been briefed that airline systems are simply not able
to provide passenger data according to individual passenger wishes.
Systems are either required to have data for ALL passengers or
alternatively for NONE at all.
Looking ahead, and this illustrates how the
Home Office is now actively involved with aviation security regimes,
is the development of watch lists and no-fly lists.
Having advised the EU that there was no intention
of any Authority to Carry (ATC) scheme, the draft Immigration
Bill certainly includes it on its own in Part 14, Para 278.
ATC was always advised to us that permission
would be refused on Immigration grounds only, so would not currently
work in the context of counter-terrorism.
Liaison with the DfT, who have responsibility
for aviation security, is crucial. They have advised that the
industry will be consulted in respect of the no-fly lists, and
they will certainly need to be. There are many sensitive areas
that need to clarified and processes developed.
NEXT STEPS
The UKBA has indicated that it will work with
carriers on these matters, and BAR UK looks forward to contributing
fully in that dialogue.
IN CONCLUSION
Please consider this message as a current update
only, and that there should be a lot of work in hand to which
we will contribute.
In closing, and this possibly the most salient
point of all, the EU probably has to revise its own data provision
criteria if a fully-fledged e-Borders system is to be allowed
to function successfully.
January 2010
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