Advance passenger information: enhancing and facilitating external border controls
TA-9-2024-0376 · P9_TA(2024)0376 · PE750.252
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Parliament's amended version of the proposed regulation on collecting and transferring advance passenger information (API) for external border checks. It sets rules for carriers to collect and transmit passenger data to border authorities, and for processing that data.¶ The regulation aims to enhance and facilitate external border controls by using API data, while respecting fundamental rights and data protection. It repeals the 2004 directive and amends related regulations.
Key points
- Carriers must collect API data on passengers before departure and transmit it to the competent authorities of the destination member state.¶
- The regulation specifies which data elements are collected, including travel document information and passenger details, and sets time limits for transmission.
- Member states must establish systems to receive and process API data, and ensure data protection and security measures.
- The regulation provides for the use of a router to facilitate secure transmission of API data between carriers and member states.
- It sets rules on data retention, limiting it to what is necessary for border control purposes, and requires deletion after use.
- The regulation includes provisions on oversight by data protection authorities and on penalties for non-compliance by carriers.
Who is affected
- Air carriers and other transport operators transporting passengers into the EU must collect and transmit API data.¶
- Passengers travelling into the EU will have their personal data collected and processed for border checks.
- Member states' border and data protection authorities are responsible for implementing and overseeing the new rules.
Legal basis: Article 77(2)(b) and (d) and Article 79(2)(c) of the Treaty on the Functioning of the European Union¶