Navigation path

Transfer of Air Passenger Name Record (PNR) Data and Terrorist Finance Tracking Programme (TFTP)

The EU has signed bilateral Passenger Name Record (PNR) Agreements with the United States, Canada and Australia. PNR data is information provided by passengers during the reservation and booking of tickets and when checking in on flights, as well as collected by air carriers for their own commercial purposes. PNR data can be used by law enforcement authorities to fight serious crime and terrorism. The use of PNR data for law enforcement purposes involves the processing of personal data. The transfer of PNR data from the EU to third countries must be governed by a bilateral agreement that provides for a high level of personal data protection.

The EU has also signed a bilateral agreement with the US - the Terrorist Finance Tracking Programme (TFTP) - regulating the transfer of financial messaging data.

AU - Australia

  • 2012 Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service
  • 2008/651/CFSP/JHA Council Decision of 30 June 2008 on the signing, on behalf of the European Union, of an Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian customs service
  • 2008 Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian customs service

CA – Canada

  • 2006/230/EC: Council Decision of 18 July 2005 on the conclusion of an Agreement between the European Community and the Government of Canada on the processing of API/PNR data
  • 2006 Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record data
  • 2006/253/EC: Commission Decision of 6 September 2005 on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the Canada Border Services Agency (notified under document number C(2005) 3248)
  • Opinion 1/2005pdf Choose translations of the previous link  of the Article 29 Working Party on the level of protection ensured in Canada for the transmission of Passenger Name Record and Advance Passenger Information from airlines
  • Opinion 3/2004pdf Choose translations of the previous link  of the Article 29 Working Party on the level of protection ensured in Canada for the transmission of Passenger Name Records and Advanced Passenger Information from airlines

US - United States - Transfer of Air Passenger Name Record (PNR) Data

  • 2012 Agreement between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security
  • 2007/551/CFSP/JHA: Council Decision of 23 July 2007 on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement)
  • 2007 agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS).
  • 006/729/CFSP/JHA: Council Decision 2 of 16 October 2006 on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security
  • 2006 agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security
  • Letter to the Council Presidency and the Commission from the Department of Homeland Security (DHS) of the United States of America, concerning the interpretation of certain provisions of the undertakings issued by DHS on 11 MAY 2004 in connection with the transfer by air carriers of passenger name record (PNR) data
  • Reply by the Council Presidency and the Commission to the letter from the USA's Department of Homeland Security
  • Commission Staff Working Paperpdf Choose translations of the previous link  on the Joint Review of the implementation by the U.S. Bureau of Customs and Border Protection of the Undertakings set out in Commission Decision 2004/535/EC of 14 May 2004 (Redacted version - 2005)
  • European Court of Justice judgment on Passenger Name Records: The court annuls the council decision concerning the conclusion of an agreement between the European Community and the United States of America on the processing and transfer of personal data and the Commission decision on the adequate protection of those data
  • Opinion 8/2004pdf Choose translations of the previous link  of the Article 29 Working Party on the information for passengers concerning the transfer of PNR data on flights between the European Union and the United States of America
  • 2004 PNR agreementpdf Choose translations of the previous link : Agreement between the European Community and the United States of America on the processing and transfer of PNR data by air carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection.
  • 2004/496/EC:Council Decision of 17 May 2004 on the conclusion of an Agreement between the European Community and the United States of America on the processing and transfer of PNR data by Air Carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection
  • 2004/535/EC:Commission Decision of 14 May 2004 on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the United States’ Bureau of Customs and Border Protection (notified under document number C(2004) 1914)
  • Press release: European Commission secures guarantees for protecting personal data of transatlantic air passengers (17.5.2004)
  • Opinion 2/2004pdf Choose translations of the previous link  of the Article 29 Working Party on the Adequate Protection of Personal Data Contained in the PNR of Air Passengers to Be Transferred to the United States' Bureau of Customs and Border Protection (US CBP)
  • Letterpdf Choose translations of the previous link  from Commissioner Bolkestein to US Secretary Tom Ridge, Department of Homeland Security, 18.12.2003
  • COM/2003/0826: Communication from the Commission to the Council and the Parliament - Transfer of Air Passenger Name Record (PNR) Data: A Global EU Approach
  • Speech by Commissioner Bolkestein on EU/US talks on transfers of airline passengers' personal data of 16.12.2003

US – Data and Terrorist Finance Tracking Programme (TFTP)

  • 2010/412/: Council Decision of 13 July 2010 on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program
  • 2010 Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program
  • Letter from United States Department of the Treasury regarding SWIFT/Terrorist Finance Tracking Programme
  • Reply from European Union to United States Treasury Department — SWIFT/Terrorist Finance Tracking Programme
  • 2007/C 166/09: Processing of EU originating Personal Data by United States Treasury Department for Counter Terrorism Purposes — SWIFT
  • Statement issued by the French delegation on the occasion of the Council Decision authorising the Presidency to sign the draft reply to the letter from the US Secretary of the Treasury regarding access to SWIFT data
  • SWD/2014/0264: Joint Review Report of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program

For more information

Information on Passenger Name Records on the Directorate-General for Home Affairs website: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/police-cooperation/passenger-name-record/index_en.htm
Information on the Terrorist Finance Tracking Programme on the Directorate-General for Home Affairs website: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/crisis-and-terrorism/tftp/index_en.htm

Justice on Twitter