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On the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

Full title

On the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

Report A-10-2026-0204 · 05312/2026 – C100077/2026 – 2025/0343(NLE)

Kind
Plenary report A-10-2026-0204
Date
16 July 2026
Committee
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur
Jaroslav Bžoch
Dossier
2025/0343(NLE)
More facts (4)
Voted
  • 16 Sept 2026 Consent given 549 for, 75 against, 30 abstained
Formats
Official page PDF Word
Subject matter
COOP, EXT, c_69c82520
Reference
05312/2026 – C100077/2026 – 2025/0343(NLE)
More
Cite this page Official page (opens the official site)
Link to this page

In short

A summary of the text written by AI; ¶ opens the paragraph it rests on.

AI: In short Written by AI from the official text — check the source · deepseek-flash · 17 Sept 2026

The report is a legislative resolution in which Parliament gives its consent to the conclusion of an agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data. The agreement is meant to let air carriers transfer PNR data between the Union and Switzerland for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. The explanatory statement says Switzerland and EU member states share responsibility for internal security in the Schengen area, and that PNR data is collected by air carriers during booking and check-in. It notes that Swiss law enforcement processing of PNR data is not covered by the General Data Protection Regulation or by the PNR Directive, and that Switzerland may not currently lawfully receive and process such data on flights between the Union and Switzerland. The rapporteur recommends that Parliament endorse the draft Council decision, citing the European Data Protection Supervisor's Opinion 30/2025 and Commission briefings that the agreement's safeguards are satisfactory.

Position. The rapporteur recommends that Parliament endorse the draft Council decision, citing the European Data Protection Supervisor's Opinion 30/2025 and Commission briefings that the agreement sets high standards for security, privacy and data protection.

Key points

  1. Parliament gives its consent to the conclusion of the agreement between the European Union and the Swiss Confederation on the transfer of PNR data.
  2. The agreement covers the transfer of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
  3. The Council requested Parliament's consent under Article 16(2), Article 87(2), point (a), and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union.
  4. The explanatory statement says Switzerland and EU member states that are contracting parties to the Schengen Convention share responsibility for internal security in a common area without internal border controls.
  5. PNR data is information provided by passengers, collected during airline booking and check-in and held in air carriers' reservation and departure control systems for commercial purposes.
  6. Existing PNR agreements with third countries are said to improve prevention and detection of terrorism and serious crime, including trafficking in drugs, firearms and human beings, at EU external borders.
  7. The statement says Switzerland is not a third country under the General Data Protection Regulation, but that regulation does not apply to Swiss law enforcement processing of personal data for criminal offences.
  8. Switzerland is bound by Union acts developing the Schengen acquis, but the PNR Directive does not constitute such a development, so Switzerland does not participate in its implementation.
  9. Under the current framework, Switzerland may not lawfully receive and process PNR data on flights operated by air carriers between the Union and Switzerland.
  10. The Commission recommended opening negotiations on 6 September 2023, the Council authorised them on 4 March 2024, negotiations began on 21 March 2024 and were formally concluded on 7 October 2025.
  11. The agreement was adopted by the Council on 17 February 2026 and signed on 5 March 2026 by Commissioner Magnus Brunner and Swiss head of the Federal Department of Justice and Police Beat Jans.
  12. The agreement aims to bridge a security gap in the Schengen area by enabling air carriers to transfer PNR data to Switzerland and vice versa, with strict limitations and effective safeguards.

Who is affected

  • Air carriers operating flights between the Union and Switzerland, which would transfer PNR data under the agreement.
  • Swiss law enforcement authorities, which would receive and process PNR data for criminal offences.
  • EU member states and Switzerland, which share responsibility for internal security in the Schengen area.
  • Passengers on flights between the Union and Switzerland, whose PNR data is collected during booking and check-in.

Figures and deadlines

  • 6 September 2023: date the Commission recommended opening negotiations.
  • 4 March 2024: date the Council provided its authorisation.
  • 21 March 2024: date negotiations began.
  • 7 October 2025: date negotiations were formally concluded.
  • 17 February 2026: date the agreement was adopted by the Council.
  • 5 March 2026: date the agreement was signed.
  • 19 December 2025: date of Opinion 30/2025 of the European Data Protection Supervisor.
  • 2 June 2026: date the Commission briefed the rapporteurs.

Legal basis. Article 16(2), Article 87(2), point (a), and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union.

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Draft european parliament legislative resolution

(05312/2026 – C100077/2026 – 2025/0343(NLE))

(Consent)

The European Parliament,

–having regard to the draft Council decision (05312/2026),

–having regard to the draft Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (05316/2026),

–having regard to the request for consent submitted by the Council in accordance with Article 16(2) and Article 87(2), point (a), and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C100077/2026),

–having regard to Rule 107(1) and (4) and Rule 117(7) of its Rules of Procedure,

–having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A10-0204/2026),

1.Gives its consent to the conclusion of the agreement;

2.Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Swiss Confederation.

Back matter, 2

Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.

Explanatory statement 6 blocks

The proposed Council Decision aims to approve the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (the ‘Agreement’).

Switzerland and EU Member States that are contracting parties to the Schengen Convention have a shared responsibility to ensure internal security within a common area without internal border controls, including by exchanging relevant information. Passenger Name Record (the ‘PNR’) data is information provided by passengers, collected during airline booking and check-in processes and held in the air carriers’ reservation and departure control systems for their own commercial purposes. Existing agreements on PNR data processing with third countries have demonstrated the potential to enhance security of the Schengen area. Such agreements improve the prevention and detection of terrorism and serious crime offences, including trafficking in drugs, firearms and human beings, at EU external borders, as well as provide for a risk-based data-driven approach that Member States can use as a compensatory measure for the absence of internal border controls within the Schengen area.

Although Switzerland is not considered a third country under Regulation 2016/679 (the ‘GDPR’), this legal framework does not apply to the processing of personal data, including PNR data, by Swiss law enforcement authorities for the prevention, investigation, detection or prosecution of criminal offences, or the execution of criminal penalties. At the same time, Switzerland is bound by the Union acts which constitute a development of the provisions of the Schengen acquis. However, the Directive (EU) 2016/680 (the ‘PNR Directive’) does not constitute a development of the Schengen acquis, hence Switzerland does not participate in the implementation of this legal act.

Under the current framework, Switzerland may not lawfully receive and process PNR data on flights operated by air carriers between the Union and Switzerland. Therefore, the Commission recommended to open negotiations of the Agreement on 6 September 2023. On 4 March 2024, the Council provided its authorisation and the negotiations began on 21 March 2024. On 7 October 2025, the negotiations were formally concluded, and the Agreement was adopted by the Council on 17 February 2026. The Agreement was signed by the Internal Affairs and Migration Commissioner, Mr Magnus Brunner, and head of the Swiss Federal Department of Justice and Police, Mr Beat Jans, on 5 March 2026.

The main purpose of this Agreement is to bridge the security gap existing in the Schengen area and thus enable the air carriers to transfer the PNR data to Switzerland and vice versa. However, the transfer and processing of personal data, including PNR data, requires strict limitations and effective safeguards. According to the Opinion 30/2025 of the European Data Protection Supervisor from 19 December 2025, the provisions of the Agreement governing the transfer and processing of PNR data proved satisfactory. In this respect, Commission has briefed the rapporteurs on 2 June 2026, confirming that the Agreement sets high standards not only in terms of security, but also in terms of privacy and data protection.

In light of this, the Rapporteur recommends that Parliament endorses the draft Council decision text.

Annex: declaration of input 1 block

The rapporteur declares under his exclusive responsibility that he did not include in his report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

Procedure pages and committee votes

How the committees handled the text and how their members voted on it. Collapsed.

Procedure – committee responsible 1 block
Table from the text: Title
TitleConclusion of an agreement between the European Union and the Swiss Confederation on the transfer of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime
References05312/2026 – C10-0077/2026 – 2025/0343(NLE)
Date of consultation or request for consent16.3.2026
Committee(s) responsible Date announced in plenaryLIBE 27.4.2026
Rapporteurs Date appointedJaroslav Bžoch 1.6.2026
Discussed in committee24.6.2026
Date adopted14.7.2026
Result of final vote+: –: 0:56 7 2
Date tabled16.7.2026
Final vote by roll call by the committee responsible 6 blocks

56 · For

ECR
Alessandro Ciriani, Geadis Geadi, Paolo Inselvini, Mariusz Kamiński, Assita Kanko, Sebastian Tynkkynen, Charlie Weimers, Jadwiga Wiśniewska
ESN
Mary Khan
No group
Malika Sorel
EPP
Magdalena Adamowicz, Georgios Aftias, Fredis Beleris, Krzysztof Brejza, Caterina Chinnici, Paulo Cunha, Lena Düpont, Monika Hohlmeier, Ondřej Kolář, Marie-Sophie Lanig, Jeroen Lenaers, Verena Mertens, Emil Radev, Oliver Schenk, Bartłomiej Sienkiewicz, Alice Teodorescu Måwe, Loránt Vincze, Javier Zarzalejos, Tomáš Zdechovský
Patriots
Majbritt Birkholm, Jorge Buxadé Villalba, Jaroslav Bžoch, Susanna Ceccardi, Marieke Ehlers, András László, Fabrice Leggeri, Petra Steger, Tom Vandendriessche
Renew
Raquel García Hermida-Van Der Walle, Martin Hojsík, Irena Joveva, Moritz Körner, Jan-Christoph Oetjen, Ana Vasconcelos, Dainius Žalimas
S&D
Francisco Assis, Evin Incir, Marina Kaljurand, Juan Fernando López Aguilar, Ana Catarina Mendes, Matjaž Nemec, Birgit Sippel, Krzysztof Śmiszek, Cecilia Strada, Alessandro Zan
The Left
Gaetano Pedulla'

7 · Against

The Left
Pernando Barrena Arza, Estrella Galán, Ilaria Salis
Greens
Saskia Bricmont, Leoluca Orlando, Tineke Strik, Anna Strolenberg

2 · Abstained

ESN
Milan Uhrík, Petar Volgin

+ : in favour

- : against

0 : abstention

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Sources & citation

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Permalink
https://news.eu-parl.st-solutions.dev/texts/A-10-2026-0204
Official source
Data source
Licensed CC BY 4.0.
Retrieved
25 September 2026

Cite as

European Parliament (2026). “RECOMMENDATION on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime”. Text, 16 September 2026. docId A-10-2026-0204, reference A10-0204/2026, procId 2025-0343. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/A-10-2026-0204 (retrieved 25 September 2026). Official source: The text on the European Parliament’s website, https://www.europarl.europa.eu/doceo/document/A-10-2026-0204_EN.html. Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/A-10-2026-0204 (CC BY 4.0).
BibTeX 
@misc{epw-text-a-10-2026-0204,
  author = {{European Parliament}},
  title = {{RECOMMENDATION on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the transfer of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime}},
  year = {2026},
  date = {2026-09-16},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/A-10-2026-0204}},
  url = {https://news.eu-parl.st-solutions.dev/texts/A-10-2026-0204},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId A-10-2026-0204, reference A10-0204/2026, procId 2025-0343. Official source: https://www.europarl.europa.eu/doceo/document/A-10-2026-0204\_EN.html. Data: EP Open Data API: document record (CC BY 4.0)}
}