Sittings · Document

DRAFT RECOMMENDATION (05312/2026 – C100077/2026 – 2025/0343(NLE)) 2026-06-08

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

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This is a draft report by the Committee on Civil Liberties, Justice and Home Affairs on the draft Council decision to conclude an agreement between the EU and Switzerland on transferring Passenger Name Record (PNR) data to fight terrorism and serious crime. The rapporteur recommends that Parliament give its consent to the agreement, which would allow air carriers to transfer PNR data between the EU and Switzerland. The agreement aims to close a security gap in the Schengen area, as Switzerland currently cannot lawfully receive and process PNR data on flights between the EU and Switzerland. The rapporteur notes that the European Data Protection Supervisor found the data protection provisions satisfactory and that the Commission confirmed high standards for security, privacy and data protection.

Committee position. The rapporteur recommends that Parliament endorse the draft Council decision and give its consent to the conclusion of the agreement.

Key points

  1. Parliament gives its consent to the conclusion of the agreement.
  2. The agreement covers the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
  3. Switzerland and EU member states share responsibility for internal security in the Schengen area without internal border controls, including by exchanging information.
  4. PNR data is information provided by passengers, collected during booking and check-in, and held in air carriers' reservation and departure control systems.
  5. Existing PNR agreements with third countries have shown potential to enhance Schengen security, including against trafficking in drugs, firearms and human beings.
  6. Switzerland is not considered a third country under the General Data Protection Regulation (GDPR), but the GDPR does not apply to Swiss law enforcement processing of personal data.
  7. Switzerland is bound by Union acts that develop the Schengen acquis, but the PNR Directive does not constitute such a development, so Switzerland does not participate in its implementation.
  8. Currently, Switzerland may not lawfully receive and process PNR data on flights between the Union and Switzerland.
  9. The Commission recommended opening negotiations on 6 September 2023; the Council authorised them on 4 March 2024; negotiations began on 21 March 2024 and concluded on 7 October 2025.
  10. The agreement was adopted by the Council on 17 February 2026 and signed on 5 March 2026 by Commissioner Magnus Brunner and Swiss Federal Councillor Beat Jans.
  11. The agreement aims to bridge the security gap in the Schengen area and enable air carriers to transfer PNR data to Switzerland and vice versa.
  12. The European Data Protection Supervisor's Opinion 30/2025 of 19 December 2025 found the data protection provisions satisfactory, and the Commission confirmed high standards for security, privacy and data protection.

Who is affected

  • Air carriers operating flights between the EU and Switzerland, which would transfer PNR data.
  • Swiss law enforcement authorities, which would receive and process PNR data.
  • EU member states, which would exchange PNR data with Switzerland.
  • Passengers on flights between the EU and Switzerland, whose PNR data would be transferred.

Figures and deadlines

  • 6 September 2023: Commission recommended opening negotiations.
  • 4 March 2024: Council authorised negotiations.
  • 21 March 2024: negotiations began.
  • 7 October 2025: negotiations formally concluded.
  • 17 February 2026: agreement adopted by the Council.
  • 5 March 2026: agreement signed.
  • 19 December 2025: European Data Protection Supervisor Opinion 30/2025.
  • 2 June 2026: 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.