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DRAFT REPORT (COM(2022)0731 – C90427/2022 – 2022/0425(COD))

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

LIBE-PR-750253

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Assita Kanko

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The draft report proposes amendments to the Commission's regulation on collecting and transferring advance passenger information (API) for law enforcement. It aligns rules with the API border management regulation, allows manual collection when automated means are impossible, and restricts intra-EU flight selection. It also changes funding for Member State costs to use the Internal Security Fund, requires informing the Commission when keeping logs longer, and mandates evaluations focusing on passengers and air carriers.

Committee position. The rapporteur proposes amendments to the Commission proposal, supporting automated collection with exceptions, restricting intra-EU flight selection, and using the Internal Security Fund for costs.

Key points

  1. Air carriers must use automated means to collect API data, except when travel documents lack machine-readable data or it is technically impossible, in which case manual collection is allowed.
  2. The Commission must ensure automated collection does not cause disproportionate obstacles like additional check-in fees for passengers unable to use automated check-in.
  3. For intra-EU flights, Member States may select flights only based on criteria relevant to terrorism or serious crime with an objective link to air travel, and only target specific routes or airports unless there is a genuine terrorist threat.
  4. The Commission should facilitate exchange of views on selection criteria and selected flights among Member States.
  5. Costs for Member State connections to the router, including maintenance and training, may be supported by the Internal Security Fund under its eligibility rules and co-financing rates.
  6. Air carriers that keep logs longer for ongoing procedures must inform the Commission and delete logs immediately when no longer needed.
  7. The Commission's evaluation must pay special attention to the impact on passengers and air carriers, and review the necessity of mandatory API collection for intra-EU flights.
  8. The Commission should consult relevant stakeholders, including air carriers, when preparing delegated acts on technical requirements.

Who is affected

  • Air carriers: must use automated means for API collection, with exceptions, and may keep logs longer under conditions.
  • Passengers: protected from disproportionate obstacles like extra fees due to automated collection requirements.
  • Member States: must follow strict criteria for selecting intra-EU flights and may receive funding from the Internal Security Fund.

Legal basis: Articles 82(1)(d) and 87(2)(a) of the Treaty on the Functioning of the European Union