New EU rules on transmission of passenger data aproved.

Bern [ENA] With a new regulation, the EU wants to facilitate controls at the Schengen external borders and combat irregular entry on flights into the Schengen area. Switzerland is adopting the regulation as part of its Schengen association. With a new regulation, the EU wants to facilitate controls at the Schengen external borders and combat irregular entry on flights into the Schengen area.

At its meeting on January 15, 2025, the Federal Council approved the adoption subject to parliamentary approval and instructed the Federal Department of Justice and Police (FDJP) to draw up the legal amendments necessary for implementation. In order to standardize the requirements for the collection and transmission of passenger data (so-called "API data"), the EU has replaced the existing directive with the new API "Border" regulation.

The harmonization is intended to improve the accuracy and completeness of the API data collected. This makes it easier to identify air passengers who enter the Schengen area irregularly or who could pose a security risk. Passenger data and additional API data elements are now to be automatically collected for all flights from third countries to Switzerland and transmitted centrally to the national border authorities.

In addition, data protection regulations are to be adjusted, a new national supervisory authority is to be created, and sanctions against airlines that do not comply with their obligations are to be tightened. Some provisions of this further development of the Schengen acquis must be implemented in Swiss law. The Federal Council has commissioned the FDJP to draw up the necessary legal adjustments. The consultation is to be opened by November 2026 at the latest.

The EU will develop the technical solution for collecting and transmitting API data by the end of 2028. The Schengen states and airlines will then have two years to test it and adapt their systems. From the beginning of 2031, this technical solution will be mandatory for all Schengen states to transmit API data. The Federal Council will provide initial estimates of the costs associated with implementation as part of the consultation process. (SOURCE: Federal Department of Justice and Police, FDJP)