Sittings · Document
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
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Jaroslav Bžoch
The report is a legislative resolution in which Parliament gives its consent to the conclusion of an agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data.¶¶ The agreement is meant to let air carriers transfer PNR data between the Union and Switzerland for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.¶¶ The explanatory statement says Switzerland and EU member states share responsibility for internal security in the Schengen area, and that PNR data is collected by air carriers during booking and check-in.¶ It notes that Swiss law enforcement processing of PNR data is not covered by the General Data Protection Regulation or by the PNR Directive, and that Switzerland may not currently lawfully receive and process such data on flights between the Union and Switzerland.¶¶ The rapporteur recommends that Parliament endorse the draft Council decision, citing the European Data Protection Supervisor's Opinion 30/2025 and Commission briefings that the agreement's safeguards are satisfactory.¶¶
Committee position. The rapporteur recommends that Parliament endorse the draft Council decision, citing the European Data Protection Supervisor's Opinion 30/2025 and Commission briefings that the agreement sets high standards for security, privacy and data protection.¶¶
Key points
- Parliament gives its consent to the conclusion of the agreement between the European Union and the Swiss Confederation on the transfer of PNR data.¶
- The agreement covers the transfer of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.¶¶
- The Council requested Parliament's consent under Article 16(2), Article 87(2), point (a), and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union.¶
- The explanatory statement says Switzerland and EU member states that are contracting parties to the Schengen Convention share responsibility for internal security in a common area without internal border controls.¶
- PNR data is information provided by passengers, collected during airline booking and check-in and held in air carriers' reservation and departure control systems for commercial purposes.¶
- Existing PNR agreements with third countries are said to improve prevention and detection of terrorism and serious crime, including trafficking in drugs, firearms and human beings, at EU external borders.¶
- The statement says Switzerland is not a third country under the General Data Protection Regulation, but that regulation does not apply to Swiss law enforcement processing of personal data for criminal offences.¶
- Switzerland is bound by Union acts developing the Schengen acquis, but the PNR Directive does not constitute such a development, so Switzerland does not participate in its implementation.¶
- Under the current framework, Switzerland may not lawfully receive and process PNR data on flights operated by air carriers between the Union and Switzerland.¶
- The Commission recommended opening negotiations on 6 September 2023, the Council authorised them on 4 March 2024, negotiations began on 21 March 2024 and were formally concluded on 7 October 2025.¶
- The agreement was adopted by the Council on 17 February 2026 and signed on 5 March 2026 by Commissioner Magnus Brunner and Swiss head of the Federal Department of Justice and Police Beat Jans.¶
- The agreement aims to bridge a security gap in the Schengen area by enabling air carriers to transfer PNR data to Switzerland and vice versa, with strict limitations and effective safeguards.¶
Who is affected
- Air carriers operating flights between the Union and Switzerland, which would transfer PNR data under the agreement.¶¶
- Swiss law enforcement authorities, which would receive and process PNR data for criminal offences.¶¶
- EU member states and Switzerland, which share responsibility for internal security in the Schengen area.¶
- Passengers on flights between the Union and Switzerland, whose PNR data is collected during booking and check-in.¶
Figures and deadlines
- 6 September 2023: date the Commission recommended opening negotiations.¶
- 4 March 2024: date the Council provided its authorisation.¶
- 21 March 2024: date negotiations began.¶
- 7 October 2025: date negotiations were formally concluded.¶
- 17 February 2026: date the agreement was adopted by the Council.¶
- 5 March 2026: date the agreement was signed.¶
- 19 December 2025: date of Opinion 30/2025 of the European Data Protection Supervisor.¶
- 2 June 2026: date the Commission briefed the rapporteurs.¶
Legal basis: Article 16(2), Article 87(2), point (a), and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union.¶
Written by a language model from the full text only; every figure comes from the text and ¶ links to the paragraph it rests on. Check the text itself before relying on it.