Regulation (EU) 2025/12
Article 2
Scope
This Regulation applies to air carriers conducting flights into the Union.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(3) ‘flights into the Union’ means flights flying from the territory either of a third country or of a Member State to which this Regulation does not apply, and planned to land on the territory of a Member State or Member States to which this Regulation applies;
(7) ‘competent border authority’ means the authority that is empowered by a Member State to carry out border checks and that is designated and notified by that Member State in accordance with Article 14(2);
Article 14
Transmission of API data from the router to the competent border authorities
1. Upon the data format and transfer verifications referred to in Article 13, the router shall transmit the encrypted API data transferred to it pursuant to Article 6 or Article 9(3) and (4) to the competent border authorities of the Member State or, where the flight is planned to land in one or several airports within the territories of one or more Member States to which this Regulation applies, to the competent border authorities of the Member States referred to in Article 4(3), point (c).
Regulation (EU) 2025/13
Article 2
Scope
This Regulation applies to air carriers conducting:
(a) extra-EU flights;
(b) intra-EU flights that will depart from, arrive in or make a stop-over on the territory of at least one Member State that notified the Commission of its decision to apply Directive (EU) 2016/681 to intra-EU flights in accordance with Article 2(1) of that Directive.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(10) ‘passenger information unit’ or ‘PIU’ means the passenger information unit, as contained in the Member States’ notifications to the Commission and modifications thereof published by the Commission pursuant to Article 4(5) of Directive (EU) 2016/681;
Article 12
Transmission of API data and other PNR data from the router to the PIUs
1. Upon the data format and transfer verifications referred to in Article 11, the router shall transmit the encrypted API data and any other PNR data, transferred to it by air carriers pursuant to Article 5(1) and (2), and where applicable, Article 7(3) and (4), to the PIUs of the Member State on whose territory the flight will land or from whose territory it will depart, or to both in the case of intra-EU flights. It shall transmit those data immediately and in an automated manner, without changing their content in any way. Where a flight has one or more stop-overs at the territory of other Member States than the one from which it departed, the router shall transmit the API data and any other PNR data to the PIUs of all the Member States concerned.
For the purposes of such transmission, eu-LISA shall establish and keep up to date a table of correspondence between the different airports of origin and destination and the countries to which they belong.
However, for intra-EU flights, the router shall transmit only API data and other PNR data of the flights included in the list referred to in paragraph 4 to the relevant PIUs.
4. Member States that decide to apply Directive (EU) 2016/681 to intra-EU flights in accordance with Article 2 of that Directive shall each establish a list of the intra-EU flights or routes selected. Member States may use the code of the airport of departure and the airport of arrival for indicating the selected flights or routes. Those Member States shall, in accordance with Article 2 of that Directive and Article 13 of this Regulation, regularly review and where necessary update those lists. A Member State may select all intra-EU flights or routes when duly justified, in accordance with Directive (EU) 2016/681 and Article 13 of this Regulation.
Member States shall, by the relevant date of application of this Regulation referred to in Article 45, second paragraph, insert the selected flights or routes into the router, by automated means through the secure communication channel referred to in Article 9(2)(b), and thereafter provide the router with any updates thereof.
Article 13
Selection of intra-EU flights
1. Member States that decide, in accordance with Article 2 of Directive (EU) 2016/681, to apply that Directive and consequently this Regulation to intra-EU flights shall select such intra-EU flights in accordance with this Article.
2. Member States may apply Directive (EU) 2016/681 and consequently this Regulation to all intra-EU flights arriving at or departing from their territory only in situations of a genuine and present or foreseeable terrorist threat, on the basis of a decision that is based on a threat assessment, limited in time to what is strictly necessary and open to effective review either by a court or by an independent administrative body whose decision is binding.
3. In the absence of a genuine and present or foreseeable terrorist threat, Member States that apply Directive (EU) 2016/681 and consequently this Regulation to intra-EU flights shall select such intra-EU flights according to the outcome of an assessment carried out on the basis of the requirements set out in paragraphs 4 to 7 of this Article.
4. The assessment referred to in paragraph 3 shall:
(a) be carried out in an objective, duly reasoned and non-discriminatory way in accordance with Article 2 of Directive (EU) 2016/681;
(b) take into account only criteria which are relevant for the prevention, detection, investigation and prosecution of terrorist offences and serious crime having an objective link, including an indirect link, with the carriage of passengers by air, and not be purely based on the grounds as listed in Article 21 of the Charter of any passengers or groups of passengers;
(c) use only information that can support an objective, duly reasoned and non-discriminatory assessment.
5. On the basis of the assessment referred to in paragraph 3, Member States shall select only intra-EU flights relating to, inter alia, specific routes, travel patterns or airports for which there are indications of terrorist offenses and serious crime and that justify the processing of API and other PNR data. The selection of intra-EU flights shall be limited to what is strictly necessary for achieving the objectives of Directive (EU) 2016/681 and this Regulation.