| Author (Corporate) | European Commission: DG Migration and Home Affairs |
|---|---|
| Series Details | COM (2022) 731 |
| Publication Date | 13/12/2022 |
| Content Type | Policy-making |
Summary:Legislative initiative - tabled by the European Commission on 13 December 2022 - concerning the collection and transfer of Advance Passenger Information (API) for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It also aims to amend Regulation (EU) 2019/818. Further information:The European Union (EU) and other part of the world have seen an increase in serious and organised crime. Most of it involves international travel, typically aimed at smuggling persons, drugs or other illicit goods into the EU. Simultaneously, the terrorist threat in the EU remains real and serious, and most terrorist campaigns have a transnational character. In this context, information on air travellers is an important tool for law enforcement authorities to counter serious crime and terrorism in the EU. Air traveller data includes Advance Passenger Information (API) and Passenger Name Records (PNR), which combined are effective to identify high-risk travellers and to confirm the travel pattern of suspected individuals. A PNR includes data on the complete itinerary, payment details, contact-details, and special requests of the passenger. Where an obligation to that effect applies, this PNR data is sent to the Passenger Information Unit (PIU) of the country of destination and often the country of departure. Directive (EU) 2016/681 - also known as the PNR Directive - was adopted to ensure that all Member States implement rules on collecting PNR data from air carriers to prevent, detect, investigate and prosecute terrorist offences and serious crime. The PNR Directive allows for the joint processing of both API data and PNR data. However, the PNR Directive does not oblige air carriers to collect any data beyond the normal course of their business. Consequently, the PNR Directive does not lead to the collection of the full set of API data, as air carriers do not have any business purpose to collect such data. Only where an obligation to that effect applies, API data is collected by the air carrier during check-in of the passenger. The existing legal framework only regulates the use of PNR data for fighting serious crime and terrorism but does not do so specifically for API data. The latter can only be requested on flights coming from third countries, leading to a security gap. PIUs obtain the most effective operational results on flights where both API and PNR data are collected. This means that competent law enforcement authorities cannot benefit from the results of the joint processing of API data and PNR data on flights within the EU, for which only PNR data is transferred. The proposed Regulation seeks to lay down better rules for the collection and transfer of API data by air carriers for the purpose of preventing, detecting, investigating, and prosecuting terrorist offences and serious crime. In order to ensure compliance with the relevant fundamental rights, the proposal is limited in scope and contains strict personal data protection limits and safeguards. The security gap was first addressed in the European Commission's strategy for a fully functioning and resilient Schengen area (2021). It called for an increased use of API data in combination with PNR data for intra-Schengen flights to significantly enhance internal security. The draft law was eventually adopted by the Commission on 13 December 2022, as one of the actions of the EU Security Union Strategy. The Council of the European Union adopted its general approach to the text on 21 June 2023. The plenary of the European Parliament endorsed a negotiating position for the proposal on 13 December. An informal agreement between the co-legislators on a compromise text for this file on 1 March 2024. |
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| Source Link | https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:731:FIN |
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| Subject Categories | Justice and Home Affairs |
| Subject Tags | Air Transport, Border Control | Management, Police | Judicial Cooperation |
| International Organisations | European Union [EU] |
