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DRAFT REPORT (COM(2024)0670 – C100124/2024 – 2024/0670(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing an application for the electronic submission of travel data (“EU Digital Travel application”) and amending Regulations (EU) 2016/399 and (EU) 2018/1726 of the European Parliament and of the Council and Council Regulation (EC) No 2252/2004, as regards the use of digital travel credentials

LIBE-PR-770059

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Juan Fernando López Aguilar

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This is the rapporteur's draft report on the proposed regulation setting up an EU Digital Travel application for the electronic submission of travel data and digital travel credentials. It adopts a first-reading position with amendments to the Commission proposal. The amendments limit use of the application to travellers over the age of 18, with a delegated power for the Commission to lower that age later. They add rules on deleting travel data, on the mobile application and Traveller Router, and on fundamental rights safeguards. The draft also shortens the evaluation deadline to two years after operations start and every four years thereafter, and requires information campaigns including practical guidance on scanning the chip.

Committee position. The rapporteur welcomes the Commission proposal but proposes amendments to add safeguards for private life, personal data protection, non-discrimination and freedom of movement. He advocates use of the application by travellers over 18, with a delegated power to lower the age, and adds rules on data deletion, the Traveller Router and the mobile application.

Key points

  1. Parliament adopts its first-reading position on the proposal and asks the Commission to refer the matter back to it if the proposal is replaced or substantially amended.
  2. The regulation should cover persons over the age of 18 who enjoy the right of free movement under Union law and third-country nationals.
  3. Children merit specific protection for their personal data, and facial recognition may not reliably match a growing child's image to the chip image.
  4. The Commission is empowered to adopt delegated acts to amend the minimum age so that persons under 18 can create digital travel credentials, if technical requirements are met.
  5. Travellers should declare travel data through the application, limited to what is necessary, and the data must be submitted no earlier than 48 hours before the intended arrival or departure.
  6. Member States must designate a Single Point of Contact among competent border authorities to receive travel data from the Traveller Router.
  7. Competent border authorities must automatically delete transmitted travel data from the border crossing point database immediately after the traveller crosses the border, or 12 hours after the intended arrival or departure if the traveller does not cross.
  8. The mobile application must have privacy and data protection by design, be free of charge, accessible to persons with disabilities, available in all official languages of the Member States, and meet high security standards.
  9. The Traveller Router must ensure secure and encrypted communication, be hosted and technically managed by eu-LISA, and eu-LISA staff must not access transmitted data except as strictly necessary for maintenance.
  10. eu-LISA must develop the application, ensure interoperability with the European Digital Identity Wallet, test it, and collect statistics only to evaluate the regulation's effectiveness without identifying travellers.
  11. Processing personal data must not discriminate on grounds listed in Article 21 of the Charter, must respect private life and data protection, and particular attention must be paid to vulnerable persons.
  12. The Commission must evaluate the application two years after operations start and every four years thereafter, and information campaigns must include practical guidance on scanning the chip.

Who is affected

  • Travellers over 18 who enjoy free movement rights and third-country nationals with chip travel documents, who may create digital travel credentials.
  • Member States' border authorities, which must designate a Single Point of Contact and delete travel data automatically.
  • eu-LISA, which must develop, host and maintain the application and Traveller Router and collect statistics.
  • Air carriers, which may access the storage medium in passports and travel documents, except fingerprints, with the holder's consent.
  • Persons under 18, who are excluded from using the application unless the Commission later amends the minimum age.

Figures and deadlines

  • 48 hours before the intended arrival or departure: earliest time to submit travel data.
  • 12 hours after the intended date and time of arrival or departure: deadline to delete travel data if the traveller does not cross.
  • Two years after the start of operations, and every four years thereafter: evaluation deadlines.
  • Five years from entry into force: period for the delegation of power to amend the minimum age.
  • Nine months before the end of the five-year period: deadline for the Commission's report on the delegation.
  • Three months before the end of each period: deadline for Parliament or Council to oppose extension of the delegation.

Legal basis: Article 294(2) and Article 77(2)(b) and (d) of the Treaty on the Functioning of the European Union.