The European Parliament approved a set of new law standards on border controls, which are part of the broader movement to combat terrorism and illegal immigration. Find out what the new rules are.
The European Parliament (EP) gave the ‘green light’ to two new standards on recording data on passengers arriving in the EU by air, to improve border management and the fight against terrorism and other crimes. Rules approved in Strasbourg could be effective in identifying high-risk travelers and confirming the travel patterns of suspected people. Find out the main changes that will come into force after the European elections in June.
Did the law deserve unanimity?
Almost. The law on border controls was approved with 492 votes in favor, 33 against and 10 abstentions, and the law on the use of the police with 438 votes in favor, 35 against and 60 abstentions. According to the Belgian presidency of the Council of the European Union “these measures will reinforce the fight against serious crime and terrorism in the EU, complementing the processing of data from passenger identification records”. “This will reinforce border security, as it will increase the possibilities of avoiding unwanted crossings. Passengers should benefit from shorter waiting times and easier passport controls.”
What does the new law say?
The two approved regulations stipulate the data that airlines must collect and transmit to the authorities, information that complements that already recorded in the Passenger Identification Register (PNR). This data will include name, date of birth, nationality, travel document type and number, seat and baggage information, as well as certain flight-specific data such as identification number, flight code airport and departure and arrival time. In principle, only data on flights departing from outside the EU will be collected, although States may include information on flights within the EU itself if there is a specific need for security services, in particular if there is a terrorist threat.
Do the measures increase internal security?
Yes – that is, at least, the meaning of the proposals. The new rules will allow authorities to cross-reference this data with PNR data – which includes more information such as flight itinerary or booking information – which could be particularly effective in identifying high-risk travelers and confirming travel patterns. suspicious people. Border control will be strengthened, as authorities will be able to carry out checks before passengers land and retain data for longer than previously allowed. The agreement provides that airlines and border authorities can only keep data for 48 hours and a further 48 hours in cases where the passenger does not arrive at a border crossing point on the scheduled date, for example. The regulations will require that information be recorded in an automated and standardized way and transmitted to a centralized router, from where it will be sent to the competent authorities, which will improve efficiency and reduce costs and the risk of errors, according to the Council.
Are there defense mechanisms for those targeted?
Yes. Biometric information has been excluded from the data to be recorded and provisions have been introduced that prohibit the profiling of individuals based on these records or statistics derived from them, so that they cannot lead to discrimination based on gender, ethnicity, language , religion or disability, among others.
When will it come into force?
Once approved at a political level, the laws will be subject to checks by legal linguists before being finalized through the rectification procedure following the June European elections. Once published in the Official Journal of the EU, they will come into force 20 days later.
What challenges does the Schengen area face from Parliament’s perspective?
The Schengen area has been under tension in the last decade due to successive crises. The flow of migrants and asylum seekers was seen as a threat to internal security, with some Member States using the provisions of the Schengen Borders Code to introduce internal border controls. Border controls disrupt the free movement of people, goods and services across the European Union. The impact is most palpable in the freight transport sector and is also felt greatly by tourists and workers – that is, the 1.7 million European workers who cross a border every day to go to work.
