Voluntary use of the router
Article 36
1. Air carriers shall be entitled to use the router to transmit the information referred to in Article 3(1) and (2) of Directive 2004/82/EC or other PNR data collected pursuant to Article 8 of Directive (EU) 2016/681 to one or more of the responsible PIUs, in accordance with those Directives, provided that the Member State concerned has agreed with such use, from an appropriate date set by that Member State. That Member State shall agree only after having established that, in particular as regards both its own PIU’s connection to the router and that of the air carrier concerned, the information can be transmitted in a lawful, secure, effective and swift manner. 2. Where an air carrier starts using the router in accordance with paragraph 1 of this Article, it shall continue using the router to transmit such information to the PIU of the Member State concerned until the relevant date of application of this Regulation referred to in Article 45, second paragraph. However, that use shall be discontinued, from an appropriate date set by that Member State, where that Member State considers that there are objective reasons that require such discontinuation and has informed the air carrier accordingly. 3. The Member State concerned shall: (a) consult eu-LISA before agreeing with the voluntary use of the router in accordance with paragraph 1; (b) except in situations of duly justified urgency, afford the air carrier concerned an opportunity to comment on its intention to discontinue such use in accordance with paragraph 2 and, where relevant, also consult eu-LISA thereon; (c) immediately inform eu-LISA and the Commission of any such use to which it agreed and any discontinuation of such use, providing all necessary information, including the date of the start of the use, the date of the discontinuation and the reasons for the discontinuation, as applicable.