Members' Research Service By / June 15, 2023

Advance passenger information (API) to tackle terrorism and serious crime [EU Legislation in Progress]

Air traveller data can be used by competent authorities to identify high-risk travellers and to confirm the travel pattern of suspected individuals.

© Geza Farkas / Adobe Stock

Written by Costica Dumbrava (2nd edition, updated on 15.04.2024).

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 competent authorities in the country of destination prior to the flight’s take-off. One of the proposals is for a new regulation on the collection and transfer of API data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

The proposal seeks to align the rules on the collection and transfer of API data with the rules on the processing of passenger name records (PNR) – data from air travellers’ ticket reservations – in order to increase the effectiveness of the fight against serious crimes and terrorism in the EU. The proposal provides uniform criteria for the collection and transfer of API data on extra-EU flights and selected intra-EU flights. It builds on the provisions of another proposal for a regulation on the collection and transfer of API data for enhancing and facilitating external border controls. Both proposals rely on the establishment of a centralised router to enable the transmission of API data between air carriers and the competent national authorities dealing with API data.

In March 2024, the European Parliament and the Council reached a provisional agreement on the proposal. Following the approval of the agreement by the Council and the responsible committee in Parliament, the agreed text has been tabled for a vote during the April II part-session.

Complete version

Proposal for a regulation of the European Parliament and of the Council on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818
Committee responsible:Civil Liberties, Justice and Home Affairs (LIBE)COM(2022) 731
13.12.2022
Rapporteur:Assita Kanko (ECR, Belgium)2022/0425(COD)
Shadow rapporteurs:Jeroen Lenaers (EPP, the Netherlands)
Paul Tang (S&D, the Netherlands)
Jan-Christoph Oetjen (Renew, Germany)
Tinek Strik (Greens/EFA, the Netherlands)
Clare Daly (The Left, Ireland)
Ordinary legislative procedure
(COD) (Parliament and Council
on equal footing – formerly ‘co-decision’)

Next steps expected: Plenary vote on trilogue agreement
Stage: approved in Plenary 10 steps

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