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Actions where it is technically impossible to use the router

1. Where it is technically impossible to use the router to transmit API data because of a failure of the router, eu-LISA shall immediately notify the air carriers and competent border authorities of that technical impossibility in an automated manner. In that case, eu-LISA shall immediately take measures to address the technical impossibility to use the router and shall immediately notify the air carriers and competent border authorities when it has been successfully addressed. During the period of time between those notifications, Article 6(1) and Article 8(1) shall not apply insofar as the technical impossibility prevents the transfer of API data to the router. Air carriers shall store the API data until the technical impossibility has been successfully addressed. As soon as the technical impossibility has been successfully addressed, air carriers shall transfer the data to the router in accordance with Article 6(1). Where the API data are received later than 96 hours after the time of departure as referred to in Article 4(3)(f), the router shall not transmit the API data to the competent border authorities, but instead delete those data. Where it is technically impossible to use the router, and in exceptional cases related to the objectives of this Regulation that make it necessary for competent border authorities to immediately receive API data during the technical impossibility to use the router, competent border authorities may request air carriers to use any other appropriate means, ensuring the necessary level of data security, data quality and data protection, to transfer the API data directly to the competent border authorities. The competent border authorities shall process the API data received through any other appropriate means in accordance with the rules and safeguards set out in Regulation (EU) 2016/399 and applicable national law. Following the notification from eu-LISA that the technical impossibility has been successfully addressed, and where it is confirmed in accordance with Article 14(3) that the transmission of the API data through the router to the relevant competent border authority has been completed, the competent border authority shall immediately delete the API data received by any other appropriate means.

2. Where it is technically impossible to use the router to transmit API data because of a failure of the systems or infrastructure referred to in Article 23 of a Member State, the competent border authorities of that Member State shall immediately notify the air carriers, the competent authorities of the other Member States, eu-LISA and the Commission of that technical impossibility in an automated manner. In that case, that Member State shall immediately take measures to address the technical impossibility to use the router and shall immediately notify the air carriers, the competent authorities of the other Member States, eu-LISA and the Commission when it has been successfully addressed. The router shall store the API data until the technical impossibility has been successfully addressed. As soon as the technical impossibility has been successfully addressed, the router shall transmit the data in accordance with Article 14(1). During the period of time between those notifications, Article 6(1) and Article 8(1) shall not apply insofar as the technical impossibility prevents the transfer of API data to the router. Air carriers shall store the API data until the technical impossibility has been successfully addressed. As soon as the technical impossibility has been successfully addressed, air carriers shall transfer the data to the router in accordance with Article 6(1). Where the API data are received later than 96 hours after the time of departure as referred to in Article 4(3)(f), the router shall not transmit the API data to the competent border authorities, but instead delete those data. Where it is technically impossible to use the router, and in exceptional cases related to the objectives of this Regulation that make it necessary for competent border authorities to immediately receive API data during the technical impossibility to use the router, competent border authorities may request air carriers to use any other appropriate means, ensuring the necessary level of data security, data quality and data protection, to transfer the API data directly to the competent border authorities. The competent border authorities shall process the API data received through any other appropriate means in accordance with the rules and safeguards set out in Regulation (EU) 2016/399 and applicable national law. Following the notification from eu-LISA that the technical impossibility has been successfully addressed, and where it is confirmed in accordance with Article 14(3) that the transmission of the API data through the router to the relevant competent border authority has been completed, the competent border authority shall immediately delete the API data received by any other appropriate means.

3. Where it is technically impossible to use the router to transfer API data because of a failure of the systems or infrastructure referred to in Article 24 of an air carrier, that air carrier shall immediately notify the competent border authorities, eu-LISA and the Commission of that technical impossibility in an automated manner. In that case, that air carrier shall immediately take measures to address the technical impossibility to use the router and shall immediately notify eu-LISA and the Commission when it has been successfully addressed. During the period of time between those notifications, Article 6(1) and Article 8(1) shall not apply insofar as the technical impossibility prevents the transfer of API data to the router. Air carriers shall store the API data until the technical impossibility has been successfully addressed. As soon as the technical impossibility has been successfully addressed, air carriers shall transfer the data to the router in accordance with Article 6(1). However, the router shall not transmit the API data to the competent border authorities, but instead delete the data, if they are received later than 96 hours after the time of departure as referred to in Article 4(3)(f). Where it is technically impossible to use the router, and in exceptional cases related to the objectives of this Regulation that make it necessary for competent border authorities to immediately receive API data during the technical impossibility to use the router, competent border authorities may request air carriers to use any other appropriate means, ensuring the necessary level of data security, data quality and data protection, to transfer the API data directly to the competent border authorities. The competent border authorities shall process the API data received through any other appropriate means in accordance with the rules and safeguards set out in Regulation (EU) 2016/399 and applicable national law. Following the notification from eu-LISA that the technical impossibility has been successfully addressed, and where it is confirmed in accordance with Article 14(3) that the transmission of the API data through the router to the relevant competent border authority has been completed, the competent border authority shall immediately delete the API data received by any other appropriate means. When the technical impossibility has been successfully addressed, the air carrier concerned shall, without delay, submit to the national API supervision authority referred to in Article 36 a report containing all necessary details on the technical impossibility, including the reasons for the technical impossibility, its extent and consequences as well as the measures taken to address it.