L 261/24 Official Journal of the European Union 6.8.2004 COUNCIL DIRECTIVE 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 62(2)(a) and Article 63(3)(b) thereof, Having regard to the initiative of the Kingdom of Spain ('), Whereas: (1) In order to combat illegal immigration effectively and to improve border control, it is essential that all Member States introduce provisions laying down obligations on air carriers transporting passengers into the territory of the Member States. In addition, in order to ensure the greater effectiveness of this objective, the financial penal- ties currently provided for by the Member States for cases where carriers fail to meet their obligations should be harmonised to the extent possible, taking into account the differences in legal systems and practices between the Member States. (2)  The European Council of 25 and 26 March 2004 adopted a Declaration on combating terrorism stressing the need to expedite examination of measures in this area and take work forward on the proposed Council Directive on the obligation of carriers to communicate passenger data with a view to an early conclusion on this measure. (3) It is important to avoid a vacuum in the Community’s action in combating illegal immigration. (4)  As from 1 May 2004 the Council can no longer act on an initiative of a Member State. (5) The Council has exhausted all possibilities to obtain in time the opinion of the European Parliament. (6)  Under these exceptional circumstances the Directive should be adopted without the opinion of the European Parliament. (7)  The obligations to be imposed on carriers by virtue of this Directive are complementary to those established pursuant to the provisions of Article 26 of the 1990 Schengen Convention implementing the Schengen Agreement of 14 June 1985, as supplemented by Council Directive 2001/51/EC (3, the two types of obli- gation serving the same objective of curbing migratory flows and combating illegal immigration. () O] C 82, 5.4.2003, p. 23. () OJL 187, 10.7.2001, p. 45. ) (10) (11) Without prejudice to the provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (}), the freedom of the Member States to retain or introduce additional obliga- tions for aircarriers or some categories of other carriers, including information or data in relation to return tickets, whether referred to in this Directive or not, should not be affected. In order to combat illegal immigration more effectively and in order to ensure the greater effectiveness of this objective, it is essential that, without prejudice to the provisions of Directive 95/46/EC, account be taken at the earliest opportunity of any technological innovation, especially with reference to the integration and use of biometric features in the information to be provided by the carriers. Member States should ensure that in any proceedings brought against carriers which may result in the applica- tion of penalties, the rights of defence and the right of appeal against such decisions can be exercised effec- tively. These measures take up the control options set out in the Decision of the Executive Committee of Schengen (SCH/Com-ex (94) 17-rev. 4), aimed at enabling border checks to be increased and providing for suffi- cient time to enable detailed and comprehensive checks to be carried out on all passengers through the transmis- sion of passenger data to the authorities responsible for carrying out such controls. Directive 95/46/EC applies with regard to the processing of personal data by the authorities of the Member States. This means, that whereas it would be legitimate to process the passenger data transmitted for the perfor- mance of border checks also for the purposes of allowing their use as evidence in proceedings aiming at the enforcement of the laws and regulations on entry and immigration, including their provisions on the protection of public policy (ordre public) and national security, any further processing in a way incompatible with those purposes would run counter to the principle set out in Article 6(1)(b) of Directive 95/46/EC. Member States should provide for a system of sanctions to be applied in the event of use contrary to the purpose of the present Directive. () OJL 281, 23.11.1995, p. 31.