Members' Research Service By / June 14, 2023

Advance passenger information (API) to enhance border checks [EU Legislation in Progress]

Advance passenger information (API) is data collected by air carriers at check-in and sent to border control authorities in the country of destination prior to a flight’s take-off.

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Written by Costica Dumbrava (2nd edition, updated on 02.09.2023).

In December 2022, the Commission presented two proposals to revise the rules on the collection and transfer of advance passenger information (API) data – data collected by air carriers at check-in and sent to border control authorities in the country of destination prior to a flight’s take-off. The current directive on the collection and transfer of API data will be replaced by two regulations: one on the collection and transfer of API data for border management purposes, and another on the collection and transfer of API data for law enforcement purposes.

The proposal on the collection and transfer of API data for border management seeks to enhance and facilitate the effectiveness and efficiency of border checks at external borders and to combat irregular immigration. It provides a revised and extended list of API data and makes mandatory the collection of API data on all scheduled and non-scheduled flights into the EU. It also establishes a new technical solution (a router) to enable air carriers to transfer API data to the competent national authorities though a single, centralised system, under strict data protection and security rules.

In March 2024, the Parliament and the Council reached a provisional agreement on the proposal. Parliament adopted the agreed text during its April II plenary session. The two regulations are now subject to the corrigendum procedure and Parliament must approve the final text before formal adoption by the Council.

Complete version

Proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information (API) for enhancing and facilitating external border controls, amending Regulation (EU) 2019/817 and Regulation (EU) 2018/1726, and repealing Council Directive 2004/82/EC.
Committee responsible:Civil Liberties, Justice and Home Affairs (LIBE)COM(2022) 729
13.12.2022
Rapporteur:Jan-Christoph Oetjen (Renew, Germany)2022/0424(COD)
Shadow rapporteurs:Jeroen Lenaers (EPP, Netherlands)
Marina Kaljurand (S&D, Estonia)
Tineke Strik (Greens/EFA, the Netherlands)
Assita Kanko (ECR, Belgium)
Nikolaus Fest (ID, Germany)
José Gusmão (The Left, Portugal)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)

Next steps expected: Final adoption

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