COMMUNICATION OF PASSENGER DATA BY AIR OR SEA CARRIERS [ S.L.460.18 1 SUBSIDIARY LEGISLATION 460.18 COMMUNICATION OF PASSENGER DATA BY AIR OR SEA CARRIERS ORDER 9th November, 2007 LEGAL NOTICE 360 of 2007, as amended by Legal Notices 427 of 2007 and 252 of 2016. 1.
(1)The title of this Order is the Communication of Passenger Data by Air or Sea Carriers Order. Citation and scope. Amended by: L.N. 252 of 2016.
(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; Cap.
- Definitions. Amended by: L.N. 252 of
- Cap.
- "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 or by sea 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, Norway, Switzerland and Liechtenstein: Provided that, information may also be requested from Member States if the exchange of such information is regulated by b i l a t e r a l a g r e e m e n t s c o n f o r m i n g t o M a l t a ’s i n t e r n a t i o n a l obligations. Cap. 586. 2 COMMUNICATION OF PASSENGER DATA BY AIR OR SEA CARRIERS [ S.L.460.18 Obligation of carriers. Amended by: L.N. 252 of 2016. 3.
(1)Not later than two hours before departure of a carrier 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.
(3)Information requested under this article shall be provided in an electronic form that is compatible with the technology used by the recipient of the information, unless an alternative form and manner of information transmission is authorised by the recipient of the information. Sanctions. Amended by: L.N. 427 of 2007; L.N. 252 of 2016. Cap. 12. 4.
(1)A carrier who fails to transmit data in accordance with 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 three thousand euro (€3,000) but not exceeding five thousand euro (€5,000).
(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. Appeal. 5. Any carrier who feels aggrieved by any decision of the Principal Immigration Officer under article 4 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. Dealing with the data. 6.
(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. COMMUNICATION OF PASSENGER DATA BY AIR OR SEA CARRIERS [ S.L.460.18
(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. Cap. 586. 3