The transposition period of the EU Directive 2016/681 came to an end on 25th May 2018. Member States differ greatly in their readiness to meet technical and legal requirements.
The European Commission adopted on 27 April 2016, Directive (EU) 2016/681 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime. As usual with EU Directives, Member States where given a two-year transposition period to transpose the EU legislation into their national legislation.
PNR data contains records of passengers’ travel information. This can include itineraries, personal information and travel dates. Essentially, PNR data is considered all such information collected by air carriers and these are considered an important tool allowing to prevent, detect and investigate terrorism and other forms of serious crime. As per PNR Directive, Member States are obliged to establish specific bodies responsible for the collection, storage, and processing of air passenger data, called Passenger Information Units (PIUs).
Important to note:
- It is the operator’s responsibility to ensure the relevant data is send to the PIU prior to the flight
- PNR information is NOT passenger data that is being forwarded to an FBO!
As stated above, the transposition period ended on the 25th May 2018. Unfortunately, since this date, not all the Member States are ready with their technical solutions, national regulations and establishment of the PIU offices. The EBAA has received reports from members showcasing discrepancies in national transposition and interpretation of the Directive (EU) 2016/681.
The EBAA is actively promoting solutions that can be included in the most current Flight Operations software applications as this would be the most efficient way to communicate data on the passengers on board of aircraft to the PIU’s. Please liaise with your software providers to see if they have this option already available.
PNR issues Poland
Poland has been actively enforcing the PNR regulations and the EBAA has received reports from members who received fines of up to €10.000,- . To ensure that you comply with the Polish regulations please consult the PNR guidelines for Poland (link to doc)
Especially for EBAA members who plan to have flights to Poland a Polish service provider, Matic, has created an online system that can help you to comply in the interim. After signing up you will receive a link that requires confirmation and you will be able to add flights immediately.
The process should not take more than 10 minutes, and the member can add flights just after the activation. Later he will be asked by Matic to complete the formal certification with the Polish PIU.