Subject matter
For the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime, this Regulation lays down the rules on:
(a)
the collection of advance passenger information (API) by air carriers on extra-EU flights and intra-EU flights;
(b)
the transfer of API data and other PNR data by air carriers to the router;
(c)
the transmission of API data and other PNR data from the router to the passenger information units (PIUs) on extra-EU flights and selected intra-EU flights.
This Regulation is without prejudice to Regulation (EU) 2016/679, Regulation (EU) 2018/1725 and Directive (EU) 2016/680.
Scope
This Regulation applies to air carriers conducting:
(a)
extra-EU flights;
(b)
intra-EU flights that will depart from, arrive in or make a stop-over on the territory of at least one Member State that notified the Commission of its decision to apply Directive (EU) 2016/681 to intra-EU flights in accordance with Article 2(1) of that Directive.
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)
‘air carrier’ means an air carrier as defined in Article 3, point (1), of Directive (EU) 2016/681;
(2)
‘extra-EU flight’ means any extra-EU flight as defined in Article 3, point (2), of Directive (EU) 2016/681;
(3)
‘intra-EU flight’ means any intra-EU flight as defined in Article 3, point (3), of Directive (EU) 2016/681;
(4)
‘scheduled flight’ means a scheduled flight as defined in Article 3, point (5), of Regulation (EU) 2025/12;
(5)
‘non-scheduled flight’ means a non-scheduled flight as defined in Article 3, point (6), of Regulation (EU) 2025/12;
(6)
‘passenger’ means a passenger as defined in Article 3, point (4), of Directive (EU) 2016/681;
(7)
‘crew’ means any person on board of an aircraft during the flight, other than a passenger, who works on or operates the aircraft, including flight crew and cabin crew;
(8)
‘advance passenger information’ or ‘API data’ means the data and the flight information referred to in Article 4(2) and (3) respectively;
(9)
‘other passenger name record data’ or ‘other PNR data’ means the passenger name record as defined in Article 3, point (5), of Directive (EU) 2016/681, and as listed in Annex I to that Directive, with the exception of point 18 of that Annex;
(10)
‘passenger information unit’ or ‘PIU’ means the passenger information unit, as contained in the Member States’ notifications to the Commission and modifications thereof published by the Commission pursuant to Article 4(5) of Directive (EU) 2016/681;
(11)
‘terrorist offences’ means terrorist offences as referred to in Articles 3 to 12 of Directive (EU) 2017/541 of the European Parliament and the Council ( 21 ) ;
(12)
‘serious crime’ means serious crime as defined in Article 3, point (9), of Directive (EU) 2016/681;
(13)
‘the router’ means the router referred to in Article 9 of this Regulation and in Article 11 of Regulation (EU) 2025/12;
(14)
‘personal data’ means personal data as defined in Article 3, point (1), of Directive (EU) 2016/680, and Article 4, point 1, of Regulation (EU) 2016/679;
(15)
‘real-time flight traffic data’ means information on the inbound and outbound flight traffic of an airport covered by this Regulation.
