Commission Implementing Decision (EU) 2017/759 of 28 April 2017 on the common protocols and data formats to be used by air carriers when transferring PNR data to Passenger Information Units

1 When transferring PNR data to the Member States' passenger information units pursuant to Directive (EU) 2016/681, air carriers shall use one of the data formats and transmission protocols listed in points 1 and 2 of the Annex to this Decision.

2 In the event that air carriers transfer advance passenger information (API) data referred to in Article 8(2) of Directive (EU) 2016/681 distinctly from the PNR data transferred for the same flight, they shall use the data format referred to in point 3 of the Annex to this Decision.

3 By way of derogation from paragraphs 1 and 2 above, air carriers that do not operate extra-EU and intra-EU flights according to a specific and public schedule and that do not possess the necessary infrastructure to support the data formats and transmission protocols listed in the Annex shall transfer PNR data by electronic means that provide sufficient safeguards in respect of the technical security measures, to be agreed bilaterally between the air carrier and the relevant Member State.

1 The Commission shall conduct a review of this implementing decision by 28 April 2021. The review shall address in particular the possibility to provide for open standard transmission protocols exclusively or in addition to existing protocols, while ensuring they are aligned with international standards and best practices.

2 In light of this review, the Commission may adopt an amendment to this Decision.

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.