Use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

Ministers examined a Commission proposal for a directive on the use of flight passenger data for protection against terrorist offences and serious crime.

One of the main questions discussed was whether the proposed new rules should be limited to the collection of the so-called Passenger Name Record (PNR) data for flights from and to third countries or whether flights within the EU should also be covered. A majority of Member States was in favour of including at least an option so that each Member State can mandate the collection of such data also with regard to targeted intra-European flights.

The overall purpose of the proposed directive is to set up a coherent EU-wide system on flight passenger data, by creating a single EU model for all Member States participating in the new rules and ensuring cooperation between the relevant authorities within the Union. As a consequence, all air carriers flying on routes covered by the new rules would need to provide PNR data to Member States' law enforcement authorities. These authorities will, however, only be allowed to use the data - that is already today collected by air carriers - for the prevention, detection, investigation and prosecution of terrorist offences and serious (transnational) crime.

24 EU Member States will certainly participate in the adoption of the new directive, while Denmark will not be bound by the new rules. As far as the UK and Ireland are concerned, they will need to give notification as to whether they want to opt-in or not.