Cap. 584 Art. 15Penalties.   S.L. 460.18.       Cap. 12.   Cap. 586.

(1) An air carrier which, as a result of a technical or non-

technical fault, fails to transmit, in full or in part, PNR data in accordance with article 9 or does not do so in the required format, 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) and not exceeding five thousand euro (€5,000):

Provided that, in relation to extra-EU flights, an air carrier that has been found liable to pay a penalty under the

Communication of Passenger Data by Air or Sea Carriers Order, shall not be sanctioned under this Act in relation to the non-transmission of the same set of data.

(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.

(3) An air carrier who feels aggrieved by any decision of the Principal Immigration Officer under sub-article (1) 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.

(4) In the case where the NPIU is in breach of its obligations under this Act or the Data Protection Act and any other regulation made under the said Act, it shall be liable to such penalty as may be established by the national supervisory authority pursuant to the provisions of the Data Protection Act and/or any other sanctions imposed by the courts of justice.