EU adopts regulations to improve border security and fight terrorism

The Council has given the final green light to two regulations that will strengthen EU border security and enhance the fight against terrorism and serious crime.

These regulations establish the framework for the collection and transfer of advance passenger information (API).

We cannot afford any blind spots about air passengers arriving in the EU. Thanks to the two laws adopted today, law enforcement authorities and border guards will get more accurate and timely advance information about everyone on EU-bound flights.

Sándor Pintér, Hungarian Minister for Home Affairs

Common rules for the collection and transfer of passenger data

Under the new regulation on the collection and transfer of API, airlines must transmit passenger data – including travel document data, flight details and baggage information – to the authorities before passengers reach the EU’s external borders. This ensures that the authorities can conduct advance checks, assess potential security risks and manage them effectively. It allows for smoother border checks and ensures that the necessary action is taken in advance to secure the EU’s external borders.

The regulation on the use of API for law enforcement will support the prevention, detection and prosecution of terrorism and serious crime. This will be achieved by linking API data with PNR data, allowing authorities to track criminal activities and prevent the movement of criminals and terrorists across EU borders.

A centralised system (router) for data transmission will be established to ensure more accurate data sharing and reduce administrative burden. Airlines will be required to use automated systems to transmit API data, with a transitional period for manual data collection if needed.

Next steps

The new regulation will replace the 2004 advance passenger information directive. It will enter into force 20 days after publication in the Official Journal of the European Union. As a first step, eu-LISA (the EU agency overseeing IT systems in the area of security and justice), member states and the Commission will undertake the necessary actions to prepare the router for operation.

Background

In 2019, over half a billion air passengers entered or left the EU, highlighting the importance of air travel in the fight against cross-border crime and terrorism. As air travel is increasingly used by criminals and terrorists, ensuring timely access to passenger data is crucial for maintaining security. These regulations address gaps in existing laws, establishing more uniform practices for the collection and processing of API and PNR data.