This section of the Observatory brings together news, analysis and documentation on the EU's two key travel surveillance measures: the 2016 Passenger Name Record Directive and the 2004 Advance Passenger Information Directive.
The European Commission initially put forward a proposal for an EU Passenger Name Record system in 2007, but it was withdrawn following the entry into force of the Lisbon Treaty. A new proposal (in the form of a Directive, rather than a Council Framework Decision) was issued in 2011. This went back and forth between the Council and Parliament until its final, controversial adoption in April 2016, when the Parliament caved in to pressure from the Council and Commission.
The EU PNR Directive can be found here and national implementing legislation here.
The API Directive can be found here and national implementing legislation here.
EU Member States are seeking access to Advanced Passenger Information and Passenger Name Record data for customs authorities, even though it appears that only a minority feel that such access is necessary and despite the fact that there is not yet an EU-wide legal basis for the collection and use of PNR data by law enforcement authorities. A project investigating the possibilities for greater use of travellers' personal data by customs authorities, initiated last year by the Cypriot delegation in the Customs Cooperation Working Party, is now being supported by a study started at the beginning of February by the Irish Presidency following international agreements adopted by the World Customs Organisation.
Council developing its position.
Council of the EU establishing its position on the Commission's proposal.
The meeting of the Working Party on General Matters, including Evaluation (GENVAL) heard a presentation from the Council's Legal Service expressing concern at the necessity and proportionality of the proposal under the Treaty and the Charter of Fundamental Rights and "While some delegations stated that they were convinced of the need for collecting and processing PNR data, others indicated that they faced difficulties in convincing national Parliament of such necessity."
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