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EU: LIBE Committee endorses proposed regulations on API

The European Parliament announced, on November 28, 2023, that its Committee on Civil Liberties, Justice, and Home Affairs (LIBE) adopted two draft reports on the proposed regulations on advance passenger information (API), namely the proposal for a regulation on the collection and transfer of API for enhancing and facilitating external border controls, and the proposal for a regulation on the collection and transfer of API for the prevention, detection, investigation, and prosecution of terrorist offenses and serious crime.

What do the proposals seek to introduce?

In particular, the Parliament highlighted that the two proposals would require air carriers to collect and transmit passenger data systematically to competent authorities. The collected data would include the passengers' names, dates of birth, nationality, passport details, and flight information. The proposals would also specify the data elements to be collected, to harmonize data collection, and to improve data quality.

What amendments has the LIBE Committee put forward?

According to the Parliament, the LIBE Committee proposed to: 

  • limit the types of API data to what is necessary, respecting proportionality and fundamental rights, and excluding biometric data;
  • have data collected during check-in procedures, rather than before boarding;
  • shorten the storing period of API data by airlines and border authorities after the departure of a flight, from 48 to 24 hours, unless travel facilitation measures by the airline require more time;
  • add a new article ensuring that API data collection does not lead to discrimination based on sensitive features; and
  • introduce fines of up to 2% of an airline's global turnover if they systematically or persistently violate the rules.

What are the next steps?

With the adoption of the reports, the LIBE Committee authorized the start of the trilogue negotiations. Once the draft position adopted by the LIBE Committee has been endorsed by the full house of the Parliament, negotiations with the Council of the European Union on the final form of the proposals may begin.

You can read the press release here.