Adopted text, 25 April 2024
Advance passenger information: enhancing and facilitating external border controls
Document TA-9-2024-0376 · P9_TA(2024)0376 · PE750.252
AI:In short
Parliament's amended version of the proposed regulation on collecting and transferring advance passenger information (API) for external border checks. It sets rules for carriers to collect and transmit passenger data to border authorities, and for processing that data. The regulation aims to enhance and facilitate external border controls by using API data, while respecting fundamental rights and data protection. It repeals the 2004 directive and amends related regulations.
Key points
- Carriers must collect API data on passengers before departure and transmit it to the competent authorities of the destination member state.
- The regulation specifies which data elements are collected, including travel document information and passenger details, and sets time limits for transmission.
- Member states must establish systems to receive and process API data, and ensure data protection and security measures.
- The regulation provides for the use of a router to facilitate secure transmission of API data between carriers and member states.
- It sets rules on data retention, limiting it to what is necessary for border control purposes, and requires deletion after use.
- The regulation includes provisions on oversight by data protection authorities and on penalties for non-compliance by carriers.
Who is affected
- Air carriers and other transport operators transporting passengers into the EU must collect and transmit API data.
- Passengers travelling into the EU will have their personal data collected and processed for border checks.
- Member states' border and data protection authorities are responsible for implementing and overseeing the new rules.
Legal basis. Article 77(2)(b) and (d) and Article 79(2)(c) of the Treaty on the Functioning of the European Union
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Full text
Text 18 paragraphs
Committee on Civil Liberties, Justice and Home Affairs
European Parliament legislative resolution of 25 April 2024 on the 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 (COM(2022)0729 – C9-0428/2022 – 2022/0424(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2022)0729),
–having regard to Article 294(2) and Article 77(2), points (b) and (d), and Article 79(2), point (c), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90428/2022),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to the opinion of the European Economic and Social Committee of 27 April 2023,
–having regard to the provisional agreement approved by the responsible committee under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 13 March 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
–having regard to Rule 59 of its Rules of Procedure,
–having regard to the opinion of the Committee on Transport and Tourism,
–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0409/2023),
Read the rest (6 paragraphs)
1.Adopts its position at first reading hereinafter set out;
2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
P9_TC1-COD(2022)0424
Position of the European Parliament adopted at first reading on 25 April 2024 with a view to the adoption of Regulation (EU) 2025/… of the European Parliament and of the Council on the collection and transfer of advance passenger information for enhancing and facilitating external border checks, amending Regulations (EU) 2018/1726 and (EU) 2019/817, and repealing Council Directive 2004/82/EC
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2025/12.)