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From · report parliamentary committee draft · 2026-06-08 LIBE-PR-789883 on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime
To · Plenary report · 2026-07-16 A-10-2026-0204 on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime
✦ In short · AI narration of the differences below, generated 17 Sept 2026

The versions differ only in wording: one sentence in the explanatory statement is corrected to say Switzerland does not participate in implementing the Directive. #1

0 changes of substance, plus 1 wording-only (marked below). Each change below carries a one-line ✦ note from the same model. Written from the two texts only — read the highlighted passages before relying on it.

+0 added · −0 removed · 2 modified paragraphs

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

– having regard to Rule 107(1) and (4) and Rule 117(7) of its Rules of Procedure,

– having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2026),(A10-0204/2026),

1. Gives its consent to the conclusion of the agreement;

EXPLANATORY STATEMENT

Switzerland and EU Member States that are contracting parties to the Schengen Convention have a shared responsibility to ensure internal security within a common area without internal border controls, including by exchanging relevant information. Passenger Name Record (the ‘PNR’) data is information provided by passengers, collected during airline booking and check-in processes and held in the air carriers’ reservation and departure control systems for their own commercial purposes. Existing agreements on PNR data processing with third countries have demonstrated the potential to enhance security of the Schengen area. Such agreements improve the prevention and detection of terrorism and serious crime offences, including trafficking in drugs, firearms and human beings, at EU external borders, as well as provide for a risk-based data-driven approach that Member States can use as a compensatory measure for the absence of internal border controls within the Schengen area.

Wording Adds "not" so the sentence now states that Switzerland does not participate in implementing the Directive (EU) 2016/680.

Although Switzerland is not considered a third country under Regulation 2016/679 (the ‘GDPR’), this legal framework does not apply to the processing of personal data, including PNR data, by Swiss law enforcement authorities for the prevention, investigation, detection or prosecution of criminal offences, or the execution of criminal penalties. At the same time, Switzerland is bound by the Union acts which constitute a development of the provisions of the Schengen acquis. However, the Directive (EU) 2016/680 (the ‘PNR Directive’) does not constitute a development of the Schengen acquis, hence Switzerland does not participate in the implementation of this legal act.

Under the current framework, Switzerland may not lawfully receive and process PNR data on flights operated by air carriers between the Union and Switzerland. Therefore, the Commission recommended to open negotiations of the Agreement on 6 September 2023. On 4 March 2024, the Council provided its authorisation and the negotiations began on 21 March 2024. On 7 October 2025, the negotiations were formally concluded, and the Agreement was adopted by the Council on 17 February 2026. The Agreement was signed by the Internal Affairs and Migration Commissioner, Mr Magnus Brunner, and head of the Swiss Federal Department of Justice and Police, Mr Beat Jans, on 5 March 2026.