The European Commission proposed on Tuesday 13 December new rules to strengthen the use of advance information on air travellers to improve the management of the EU’s external borders, but also to prevent the risks of terrorism or serious crime.
The new rules, which amend existing directives and regulations, also extend air carriers’ obligations to intra-EU flights.
Two new regulations on the ‘collection and transfer of Advance Passenger Information (API) to facilitate external border controls’ and on the ‘collection and transfer of Advance Passenger Information (API data) for the prevention and detection of terrorist offences and serious crime’ have been proposed for this purpose.
API data is linked to the check-in of passengers with their passport or other travel document and general information about the flight, while PNR (Passenger Name Record) data is linked to the booking and allows each passenger to be identified and to have access to all information about their journey.
Air carriers have already been required to collect this API data since 2004, but will now have to collect and transfer more API data, as the scope of the proposals includes incoming flights, outgoing flights and intra-EU flights, the Commission explains. “The proposals will have the greatest impact on air carriers operating flights within the EU, as there is currently no obligation to collect API data on these flights”.
Every year, more than one billion passengers enter, leave or travel in the EU, says the Commission. “The new rules will improve the use of API data to carry out checks on passengers before they arrive at the external borders and will close an important gap in the current legal framework”.
Both regulations therefore propose uniform rules on the collection of API data with a closed list of API data elements, the means of collecting API data and a single point for the transfer of data.
A mandatory collection of API data for border management and combating illegal immigration will be imposed on all flights entering the Schengen area.
The mandatory collection of API data for law enforcement purposes will also apply to all flights to and from the EU and to certain flights within the EU.
Air carriers will have to collect this data only by automated means with simplified transmission to national authorities, thanks to a new router managed by the eu-LISA agency.
This system will replace the current system of multiple connections between air carriers and national authorities and will facilitate the transfer of information.
EU funds from the Internal Security Programme will be available to transport operators to implement these obligations.
Link to the proposals: https://aeur.eu/f/4nj (Original version in French by Solenn Paulic)