EU Commission Calls on Slovenia to Comply With EU Rules on Passenger Name Record Data

The European Commission has sent a reasoned opinion to Slovenia after its authorities failed to communicate the adoption of the EU Passenger Name Record (PNR) Directive on the use of passenger name record data for the prevention, detection, investigation, and prosecution serious offences.

The reasoned opinion, which is an official request to comply with EU law, has been included in Commission’s regular package of infringement decision, in which the Commission unfolds the legal actions it is set to undertake against Member States that have failed to comply with their obligations under EU law.

Through the December infringement package, the Commission has closed 138 cases after resolving the issues with the Member States concerned without the Commission needing to undertake any further procedures.

However, the case of Slovenia’s failure to fully transpose EU rules on the use of passenger name record data is not among the solved cases, as the Slovenian authorities have failed to comply with the EU directive that sets out the transfer of passenger name record data from airlines to EU countries.

“The processing of passenger name record data is an important tool for fighting terrorism and serious crime, helping to trace suspicious travel patterns and identify potential criminals and terrorists, including those previously unknown to law enforcement authorities,” the EU Commission’s infringement package reads.

The EU Passenger Name Record (PNR) Directive is a key piece of EU security legislation that has been established in a bid of the EU to better identify travelling terrorists and criminals and trace criminal networks. The directive entered into force on May 24, 2016, and the deadline for its implementation by the Member States was on May 25, 2018.

In 2018, through its July infringements package, the Commission had called on 14 Member States to implement the new rules on PNR data, including Slovenia, through a letter of notice sent to each.

Throughout the past few years, the Commission has made efforts to help the Member States develop their national PNR systems by providing expertise and financial aid.

“However, for the benefits of the passenger name record framework to fully materialise, it is crucial that all EU Member States have their systems up and running,” the package asserts.

Now Slovenia has two months to reply to the reasoned opinion. If it fails to do so, then the Commission may decide to refer the matter to the Court of Justice. If the latter decides that Slovenia has breached EU law, the Slovenian national authorities are then o action to comply with the Court judgment.