Selection of intra-EU flights
Article 13
1. Member States that decide, in accordance with Article 2 of Directive (EU) 2016/681, to apply that Directive and consequently this Regulation to intra-EU flights shall select such intra-EU flights in accordance with this Article. 2. Member States may apply Directive (EU) 2016/681 and consequently this Regulation to all intra-EU flights arriving at or departing from their territory only in situations of a genuine and present or foreseeable terrorist threat, on the basis of a decision that is based on a threat assessment, limited in time to what is strictly necessary and open to effective review either by a court or by an independent administrative body whose decision is binding. 3. In the absence of a genuine and present or foreseeable terrorist threat, Member States that apply Directive (EU) 2016/681 and consequently this Regulation to intra-EU flights shall select such intra-EU flights according to the outcome of an assessment carried out on the basis of the requirements set out in paragraphs 4 to 7 of this Article. 4. The assessment referred to in paragraph 3 shall: (a) be carried out in an objective, duly reasoned and non-discriminatory way in accordance with Article 2 of Directive (EU) 2016/681; (b) take into account only criteria which are relevant for the prevention, detection, investigation and prosecution of terrorist offences and serious crime having an objective link, including an indirect link, with the carriage of passengers by air, and not be purely based on the grounds as listed in Article 21 of the Charter of any passengers or groups of passengers; (c) use only information that can support an objective, duly reasoned and non-discriminatory assessment. 5. On the basis of the assessment referred to in paragraph 3, Member States shall select only intra-EU flights relating to, inter alia, specific routes, travel patterns or airports for which there are indications of terrorist offenses and serious crime and that justify the processing of API and other PNR data. The selection of intra-EU flights shall be limited to what is strictly necessary for achieving the objectives of Directive (EU) 2016/681 and this Regulation. 6. Member States shall keep all documentation of the assessment referred to in paragraph 3, including where relevant any review thereof, and make it available, in accordance with Directive (EU) 2016/680, to their independent supervisory authorities and national supervisory authorities upon request. 7. Member States shall, in accordance with Article 2 of Directive (EU) 2016/681, review their assessment referred to in paragraph 3 regularly and at least every 12 months, in order to take into account changes in the circumstances that justified the selection of intra-EU flights and for the purpose of ensuring that the selection of intra-EU flights continues to be limited to what is strictly necessary. 8. The Commission shall facilitate a regular exchange of views on the selection criteria for the assessment referred to in paragraph 3, including the sharing of best practices, as well as, on a voluntary basis, the exchange of information on selected flights.