Transposition by France of the EU Directive 2016/681 related to the use of PNR data for fight against terrorism and serious crime

Directive (EU) 2016/681 of the European Parliament and of the Council of the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime urged the 28 Member States to implement within national law this legal framework, and to create a national PNR system.

France has transposed the EU Directive in two steps :

- through law 2017-1510 dated 10/10/2017, enhancing internal security and fight against terrorism

- through two Decrees N° 20186-714 and N° 2018-722 dated 03/03/2018

These modifying decrees modify (but not abrogate) the former legal french national framework on that subject (namely Decrees N°2014-1095 dated 26/09/2014 and N° 2014-1566 dated 22/12/2014).

Indeed, not waiting for the adoption of any European legal framework on this issue, France has created its own national system in 2014 (in a testing phase since 2016).

Thus, France was in a position of just slightly fine-tuned its national system to fulfill with the new EU commitments on PNR issue, instead of creating from nothing a new IT system and a PIU( Passenger Information Unit) to operate it.

After United Kingdom, France was the second EU Member State to create an API/PNR processing system. Six PIU are currently in use in the EU, and in the end the 28 PIU has to be created and to exchange information – with Europol as well-, within the limits provided by the above-mentioned laws and decrees.