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EU-PNR: Proposals for an EU PNR scheme under discussion

01 April 2012

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Hot on the heels of the European Parliament agreeing to the EU-USA PNR Agreement the Council is to adopt its common position, prior to "negotiating with the EP, at the JHA Council on the EU-PNR Scheme.

1) Proposal for a Directive on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (Doc: 8448-rev 1-12,pdf):

"The Commission had proposed an initial storage period of 30 days, followed by a further retention period of five years of masked out data... an initial storage period of 30 days is generally considered much too short from an operational point of view...Taking into consideration the operational needs the initial retention period is set at two years."

"And so-called "compromise" on the scope: "Article 1a.. allows Member States to apply this Directive to all or selected intra-EU flights. Hence, the Article allows any Member State to collect PNR data from those intra-EU flights it considers necessary in order to prevent, detect, investigate or prosecute serious crime or terrorism. It thus constitutes a compromise between those Member States that are in favour of mandatory inclusion of all intra-EU flights and those that are opposed to any inclusion of intra-EU flights." (emphasis added)

2) Previous version: Doc 8448-12 (pdf) and 3) earlier initiative of the UK to include flights between EU Member States - the Commission proposal only covered flights in and out of the EU: Doc 9103-11 (pdf)

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