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Adopted text, 25 April 2024

Advance passenger information: prevention, detection, investigation and prosecution of terrorist offences and serious crime

Document TA-9-2024-0377 · P9_TA(2024)0377 · PE750.253

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Parliament's amended version of the proposed regulation on collecting and transferring advance passenger information to prevent, detect, investigate and prosecute terrorist offences and serious crime. It lays down rules for air carriers to collect and transmit passenger data to member states, and for authorities to process that data for law enforcement purposes.

Key points

  1. Requires air carriers to collect advance passenger information (API) for all flights entering or leaving the EU and transfer it to the competent authorities.
  2. Sets rules for processing API data, including storage periods, data protection safeguards, and conditions for sharing data with other member states or Europol.
  3. Establishes that API data may be used to prevent, detect, investigate and prosecute terrorist offences and serious crime, but not for other purposes.
  4. Requires member states to designate competent authorities and ensure they have the technical means to receive and process API data.
  5. Amends Regulation (EU) 2019/818 to align it with the new rules on API data processing.

Who is affected

  • Air carriers operating flights to or from the EU, which must collect and transmit passenger data.
  • Member states' authorities responsible for border control and law enforcement, which will receive and process the data.
  • Passengers, whose personal data will be collected and processed for security purposes.

Legal basis. Articles 82(1)(d) and 87(2)(a) 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 for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818 (COM(2022)0731 – C9-0427/2022 – 2022/0425(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2022)0731),

–having regard to Article 294(2) and Articles 82(1) point (d) and 87(2) point (a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90427/2022),

–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 committee responsible 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 Rules 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 (A9-0411/2023),

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)0425

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 the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2025/13.)