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Politics
5 December 2022

Briefing - Revision of Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data - PE 734.699 - Committee on Civil Liberties, Justice and Home Affairs

The advance passenger information (API) system dates back to 2004, when the Council adopted Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data to improve border control and fight against irregular migration (the 'API Directive'). New data sharing schemes have since been developed to improve EU border control and migration management and, specifically, fight terrorism and serious crimes. Today, air carriers are required to transfer not only API but also passenger name records (PNRs) in line with Directive (EU) 2016/681 of 27 April 2016 on the use of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (the 'PNR Directive'). PNRs comprise a larger set of data that encompass API. To improve coherence in EU legislation and support harmonisation between Member States, the API Directive might be aligned with the PNR Directive. The European Commission's counter-terrorism agenda for the EU, adopted on 9 December 2020, announced that the proposal to revise the API Directive may consider providing for the use of these data for countering serious crime, improving the effectiveness in the use of API data and the coherence with other instruments such as the entry/exit system, the European travel information and authorisation system, and the PNR system. However, it raises questions as regards data protection and the right to privacy. In its 2022 work programme, the Commission stated its intention to revise the API Directive. Initially planned for the second quarter of 2022, the revision was postponed to the last quarter of 2022. This implementation appraisal looks at the practical implementation of the directive in light of the expected Commission proposal for its revision.Source : © European Union, 2022 - EP