Airlines now face ‘impossible situation’ over APIS
Agents are being advised to carry on preparing for the Advance Passenger Information System (APIS) deadline, despite a declaration by the European Court of Justice that the data transfer agreement is illegal.
Airlines have been left in a quandary after the court decided the agreement between the EU and the US requiring airlines to transfer passenger data (PNRs) to the US authorities was not founded on an “appropriate legal basis”.
The agreement demands that within 15 minutes of take-off for the US, European airlines must send the US authorities 34 items of personal information about each passenger on board.
Designed to improve security following September 11, US authorities have threatened to impose heavy fines and deny landing rights for any airline failing to comply.
They also said if the data was not sent, passengers would face long security checks on arrival.
But following the decision by the European Court of Justice to block the agreement, airlines now face breaking the law if they go ahead and provide the data.
“It’s an impossible situation,” said Bob Preston, executive officer of the British Air Transport Association.
“If we don’t supply the information we’re liable to fines of $6,000 per passenger and possibly being denied landing rights, but if we do, potentially we’re breaking the law. “
The court has given the EU and US until September 30 to come up with a new legal basis for their agreement.
“Something will be done to sort it out, I’m sure, but it’s not clear how they will do it,” said Preston.
“In the meantime, agents should carry on preparing for APIS. Travel agents passing on information to airlines do not risk breaking the law, as it’s for commercial purposes.”
James May, president of the Air Transport Association in the US, said: “We anticipate that the US government and European authorities will resolve this matter without subjecting airlines to conflicting demands.
“Because the European Court of Justice’s decision does not go into effect until September 30, there is time to do so.”
By Bev Fearis
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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