Cap. 584 чл. 9Obligations on air carriers regarding transfers of data.

(1) Air carriers landing in or departing from Malta, shall transfer by the "push method" to the database of the NPIU, the

PNR data listed in Schedule B, to the extent that they have already collected such data in the normal course of their business:

Provided that where the flight is code-shared between one or more air carriers the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight.

(2) Where Malta is the destination of a stop-over by both an extra-EU and/or an intra-EU flight, the air carrier concerned shall also transfer the PNR data of all passengers as provided in sub-article (1).

(3) In the event that the air carriers have collected any advance passenger information (hereinafter referred to as "API") data listed under item 18 of Schedule B, but do not retain that data by the same technical means as for other PNR data, air carriers shall also transfer that data to the NPIU in the same manner as referred to in sub-article (1). In the case of such transfer, all the provisions of this Act shall also apply in relation to that API data.

(4) Air carriers shall transfer PNR data by electronic means using the common protocols, supported data formats, and transmission protocols as adopted by the Commission of the European Union by implementing acts or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security, as follows:

(a) 24 to 48 hours before the scheduled flight departure time; and

(b) immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for passengers to board or leave.

(5) The NPIU shall permit air carriers to limit the transfer referred to in sub-article (4)(b) to updates of the transfers referred to in sub-article (4)(a).

(6) Where access to PNR data is necessary to respond to a specific and actual threat related to terrorist offences or serious crime, air carriers shall, on a case-by-case basis, transfer PNR data at other points in time than those mentioned in sub-article (4), upon request from the NPIU.