Context

A passenger name record (PNR) is a unique set of data created whenever a flight reservation is made, comprising information on all components of that reservation. Such data are provided by passengers at the time of booking, check-in or boarding, and held by air carriers in their reservation and departure-control systems for their own commercial purposes. In the EU, Directive (EU) 2016/681 provides for the use of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Although Switzerland is a Schengen-associated country, it does not participate in the implementation of this directive, as the directive does not constitute a development of the Schengen acquis. According to the Commission, Switzerland therefore may not lawfully receive and process PNR data concerning flights operated by air carriers between the EU and Switzerland in the absence of a specific agreement providing a legal basis for such transfers and ensuring an equivalent level of data protection. Negotiations on such an agreement were finalised in October 2025, and Parliament's consent is now required for its conclusion. Parliament can approve or reject the draft Council decision but not amend the agreed text. It has already consented to similar agreements with Iceland and Norway – two other Schengen-associated states.

The agreement

The final negotiated text is annexed to the Commission's proposal for a Council decision. The agreement establishes a legal basis and sets out rules for the transfer by air carriers of PNR data to the Swiss Passenger Information Unit (PIU), as well as for the processing of such data by Switzerland. It is intended to facilitate police and judicial cooperation between Swiss and EU Member State authorities, and between Swiss authorities and Europol and Eurojust. The agreement requires Switzerland to apply to data processing the same rights and obligations as those provided for in Directive (EU) 2016/680 (the EU Law Enforcement Directive). Transfers are to be carried out by the 'push method', whereby air carriers transmit the data to the PIU, and are to be limited to what is necessary and proportionate, while data processing is subject to strict purpose limitation. The agreement also prohibits the processing of special categories of personal data, including data revealing racial or ethnic origin, political opinions and religious beliefs. Data can be stored for periods not exceeding five years, and are to be depersonalised no later than six months after their receipt. Any disclosure of data within Switzerland or to authorities outside Switzerland and the EU is subject to strict conditions and requires prior approval by a judicial authority or another independent body.

European Parliament position

In Parliament, the proposal was referred to the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Jaroslav Bžoch (PfE, Czechia) was appointed as rapporteur. In July 2026, the LIBE committee adopted its report recommending that Parliament give its consent to the conclusion of the agreement.

Recommendation on consent: 2025/0343(NLE); Committee responsible: LIBE; Rapporteur: Jaroslav Bžoch (PfE, Czechia).