30 May 2023: Last Monday, ERA met with MEP Jan-Christoph Oetjen, member of the TRAN Committee and opinion rapporteur for the API proposals. 

MEP Oetjen presented the opinion draft on the proposal for a regulation on the collection and transfer of advance passenger information for enhancing and facilitating external border controls.

In his draft, the MEP highlighted the need to respect personal data while allowing authorities to estimate in advance the necessary control capacity at airports and enabling air carriers to process the information at check-in in a more efficient way. The rapporteur mentioned a provision in article 8(1) so the use of API data will be in compliance with the General Data Protection Regulation. He also introduced a provision in Article 38 which imposes the Commission to carry out an assessment on the impact of this regulation on the passenger experience. The MEP asked to air carriers to inform and justify to the Commission the reason for keeping the logs longer.

A few days following the publication of the draft opinion, ERA met Jan-Christoph Oetjen in Brussels to discuss the API proposals along with A4E and air carriers. He and his team are willing to hear the industry point of view and to understand our concerns regarding the mandatory use of automated means to collect API and the overlapping EU regulations (with PNR, EES, ETIAS). They remained open to our suggestions, especially regarding amendments to grant carriers the needed flexibility on the modes to collect API data, and to highlight the necessity for a collaboration with the authorities for such collection. They also were interested in further examples of legal basis from other countries using a truly standard and comprehensive iAPI program.

The TRAN Committee met on Wednesday 24 May to discuss the proposals and the opinion report. MEPs mainly agreed with the report and highlighted the necessity for the Commission to ensure that there won’t be any negative impact for travellers. They also mentioned that the eu-LISA single router will enable the establishment of an automated mean as it is indispensable to ensure data is complete. On the other hand, they pointed out the necessity for further clarifications for penalties for air carriers. MEPs from the TRAN Committee have until 31 May to propose amendments.

Meanwhile, in the LIBE Committee in charge of both proposals, the shadow rapporteurs will be Jeroen Lenaers (EPP), Marina Kaljurand (S&D, Estonia), Tineke Strik (Greens, Netherlands), Assita Kanko (ECR, Belgium), José Gusmao (The Left, Portugal) for the collection and tranfer of API for enhancing and facilitating border controls, whereas Jeroen Lenaers (EPP, Netherlands), Paul Tang (S&D, Netherlands), Jan-Cristoph Oetjen (Renew, Germany), Tineke Strik (Greens, Netherlands), Clare Daly (The Left, Ireland) will be shadow rapporteurs for the collection and transfer of API for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Assita Kanko (ECR, Belgium) will be the LIBE rapporteur for the second proposal.

The discussions in the LIBE Committee are expected to be more complicated due to civil liberties topics.