Advance passenger information (API) to tackle terrorism and serious crime

Briefing 15-04-2024

In December 2022, the European Commission presented two proposals to revise the rules on the collection and transfer of advance passenger information (API) data – data collected by air carriers at check-in and sent to competent authorities in the country of destination prior to take-off. One of the proposals is for a new regulation on the collection and transfer of API data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. The proposal seeks to align the rules on the collection and transfer of API data with the rules on the processing of passenger name records – data from air travellers' ticket reservations – in order to increase the effectiveness of the fight against serious crime and terrorism in the EU. The proposal provides uniform criteria for the collection and transfer of API data on extra-EU flights and selected intra-EU flights. It builds on the provisions of another proposal for a regulation on the collection and transfer of API data for enhancing and facilitating external border controls. Both proposals rely on the establishment of a centralised router to enable the transmission of API data between air carriers and the competent national authorities dealing with API data. In March 2024, the European Parliament and the Council reached a provisional agreement on the proposal. Following the approval of the agreement by the Council and the responsible committee in Parliament, the agreed text has been tabled for a vote during the April II part-session. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.