Annexes to COM(2022)729 - Collection and transfer of advance passenger information (API) for enhancing and facilitating external border controls

Please note

This page contains a limited version of this dossier in the EU Monitor.

Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.

EUR million (to three decimal places)

Year
2024
Year 2025Year
2026
Year
2027
Total
21-27
Year
2028
Year
2029
Year
2030
Year
2031
Year
2032
Year
2033
Year
2034
Total 28-34TOTAL
DG HOME
• Human resources
0,3140,4710,4710,4711,7270,4710,4710,4710,4710,4710,4710,4713,2975,024
• Other administrative expenditure
0,1870,2730,2730,2731,0060,2730,2730,2730,1870,1870,1870,1871,4882,492
TOTAL DG HOMEAppropriations0,5010,7440,7440,7442,7320,7440,7440,6660,6580,6580,6580,6584,7857,516

TOTAL appropriations
under HEADING 7
of the multiannual financial framework 
(Total commitments = Total payments)0,5010,7440,7440,7442,7320,7440,7440,6660,6580,6580,6580,6584,7857,516

EUR million (to three decimal places)

Year
2024
Year 2025Year
2026
Year
2027
Total
21-27
Year
2028
Year
2029
Year
2030
Year
2031
Year
2032
Year
2033
Year
2034
Total 28-34TOTAL
TOTAL appropriations
under HEADINGS 1 to 7
of the multiannual financial framework 
Commitments0,8154,7378,70235,15947,85827,13122,61724,18617,24917,24917,24917,249142,928190,786
Payments0,8154,7378,70227,65140,35122,30918,86321,84720,56919,84718,89417,595139,925180,275


3.2.2.Estimated output funded with operational appropriations 

Commitment appropriations in EUR million (to three decimal places)

Indicate objectives and outputs



Year
2024
Year
2025
Year
2026
Year
2027
Year
2028
Year
2029
Year
2030
Year
2031
Year
2032
Year
2033
Year
2034
Type 61

Average costNoCostNoCostNoCostNoCostNoCostNoCostNoCostNoCostNoCostNoCostNoCostTotal NoTotal cost
COMMON OBJECTIVE
- Build Router
44,4820,0040,1570,0582,5970,1797,9580,50722,5650,25211,205144,482
Operate router9,0830,3004,2109,1689,0839,0839,0839,0839,08359,093
Subtotal for common objective0,1572,5977,95822,86515,4159,1689,0839,0839,0839,0839,083103,575
SPECIFIC OBJECTIVE No 1
- Build MS connection
261,03188,25066,18866,18866,1882626,813
- Maintain MS connection
260.20681,650142,888204,125265,363265,363265,363265,3632630,113
Subtotal for specific objective n°18,2507,8389,07510,3135,3635,3635,3635,36356,925
SPECIFIC OBJECTIVE No 2
- MS connection
260,41383,30062,47562,47562,4752610,725
- Maintain MS connection
260.08380,660141,155201,650262,145262,145262,145262,1452612,045
Subtotal for specific objective n°20,0000,0000,0003,3003,1353,6304,1252,1452,1452,1452,14522,770
TOTALS0,1572,5977,95834,41526,38821,87323,52116,59116,59116,59116,591183,270

3.2.3.Estimated impact on eu-LISA's human resources 

3.2.3.1.Summary 

–◻    The proposal/initiative does not require the use of appropriations of an administrative nature

–⌧    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:


EUR million (to three decimal places)

Year
2024
Year 2025Year
2026
Year
2027
Year
2028
Year
2029
Year
2030
Year
2031
Year
2032
Year 2033Year 2034

Temporary agents (AD Grades)0,1571,0992,1982,3554,7102,3552,3552,3552,3552,3552,355
Temporary agents (AST grades)
Contract staff0,0000,2980,6800,8501,9551,1051,0201,0201,0201,0201,020
Seconded National Experts

TOTAL0,1571,3972,8783,2056,6653,4603,3753,3753,3753,3753,375


Staff requirements (FTE):

Year
2024
Year 2025Year
2026
Year
2027
Year
2028
Year
2029
Year
2030
Year
2031
Year
2032
Year 2033Year 2034

Temporary agents (AD Grades)2,014,014,015,030,015,015,015,015,015,015,0
Temporary agents (AST grades)
Contract staff0,07,08,010,023,013,012,012,012,012,012,0
Seconded National Experts

TOTAL2,021,022,025,053,028,027,027,027,027,027,0


Staff from eu-LISA should be supporting DG HOME efforts in elaborating the secondary legislation early in 2024, therefore staff shall be operational as soon as possible. Recruitment procedures shall start as of January 2024. A 50% factor is applied for 2 FTE recruited in 2024, 21 FTE in 2025. The rest of the staff comes from the redeployment from other projects.

3.2.4.Summary of estimated impact on administrative appropriations (for DG HOME)

–◻    The proposal/initiative does not require the use of appropriations of an administrative nature

–⌧    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

Year
2024
Year
2025
Year
2026
Year
2027
Total
21-27
Year
2028
Year
2029
Year
2030
Year
2031
Year
2032
Year
2033
Year
2034
Total
28-34
TOTAL

HEADING 7
of the multiannual financial framework
Human resources0,3140,4710,4710,4711,7270,4710,4710,4710,4710,4710,4710,4713,2975,024
Other administrative expenditure0,1870,2730,2730,2731,0060,2730,2730,2730,1870,1870,1870,1871,5672,573
Subtotal HEADING 7
of the multiannual financial framework
0,5010,7440,7440,7442,7330,7440,7440,7440,6580,6580,6580,6584,8647, 597

Outside HEADING 7 62
of the multiannual financial framework

Human resources
Other expenditure
of an administrative nature
Subtotal
outside HEADING 7
of the multiannual financial framework

TOTAL0,5010,7440,7440,7442,7330,7440,7440,7440,6580,6580,6580,6584,8647, 597

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.4.1.Estimated requirements of human resources (for DG HOME)

–◻    The proposal/initiative does not require the use of human resources.

–⌧    The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

Year
2024
Year
2025
Year
2026
Year
2027
Year 2028Year
2029
Year
2030
Year 2031Year 2032
• Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and Commission’s Representation Offices)233333333
20 01 02 03 (Delegations)
01 01 01 01  (Indirect research)
01 01 01 11 (Direct research)
Other budget lines (specify)
External staff (in Full Time Equivalent unit: FTE)

20 02 01 (AC, END, INT from the ‘global envelope’)
20 02 03 (AC, AL, END, INT and JPD in the delegations)
XX 01 xx yy zz   63

- at Headquarters

- in Delegations
01 01 01 02 (AC, END, INT - Indirect research)
01 01 01 12 (AC, END, INT - Direct research)
Other budget lines (specify)
TOTAL233333333

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staffThree officials for the follow-up. The staff deal with taking up the Commission's duties in the delivery of the programme: checking compliance with legal proposal, addressing compliance issues, preparing reports to European Parliament and Council, assessing Member State progress, keeping secondary legislation up-to-date including any development concerning the standards. As the programme is an additional activity compared with existing workloads, additional staff is required (1 FTE).
External staff

3.2.5.Compatibility with the current multiannual financial framework 

The proposal/initiative:

–⌧    can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).

As the appropriations required for the development of the API router (2024/2028) and recurring costs (as from 2029) have not been planned under the eu-LISA 2021-2027 MFF allocation, nor for DG HOME supplementary staff, the funding required, respectively for the development and maintenance of the API router (EUR 33.577 million under the 2021-2027 MFF) and for the Commission follow-up efforts (EUR 2.732 million) will be made available via bugdetary offsetting against BMVI (11.02.01 – 'Border Management and Visa Instrument') for the corresponding amounts:

Appropriations CA=PA million EUR : 2024 : 0.157 ; 2025 : 2.597, 2026 : 7.958; 2027 : 22.865

Representing 2024-2027 : 33.577

The development and recurring costs at national level should be financed under the succesor of the BMVI for the subsequent MFF. 64

–◻    requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.

–◻    requires a revision of the MFF.

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

3.2.6.Third-party contributions 

The proposal/initiative:

–⌧    does not provide for co-financing by third parties

–◻    provides for the co-financing by third parties estimated below:

3.3.Estimated impact on revenue 

–◻    The proposal/initiative has no financial impact on revenue.

–☑    The proposal/initiative has the following financial impact:

(1) on own resources

(2) on other revenue

(3) please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue line:Appropriations available for the current financial yearImpact of the proposal/initiative 65
Year
N
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show the duration of the impact (see point 1.6)
Article ………….p.m.

For assigned revenue, specify the budget expenditure line(s) affected.

11.1002 (eu-LISA), 11.0201 (BMVI)

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

The budget shall include a contribution from countries associated with the implementation, application and development of the Schengen acquis and the visa digitalisation related measures as laid down in the respective agreements in force. The estimates shall be based on calculations for revenues for the implementation of the Schengen acquis from the States that currently contribute (Iceland, Norway and Switzerland) to the general budget of the European Union (consumed payments) an annual sum for the relevant financial year, calculated in accordance with its gross domestic product as a percentage of the gross domestic product of all the participating States. The calculation shall be based on figures from EUROSTAT which are subject to considerable variation depending on the economic situation of the participating States.


(1) ICAO, The World of Air Transport in 2019, https://www.icao.int/annual-report-2019/Pages/the-world-of-air-transport-in-2019.aspx .
(2) Source: Eurostat (online data code: avia_paoc); these figures include the passenger transport in all current EU Member States (27 Member States).    
(3) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data, OJ L 261, 6.8.2004, p. 24.
(4) Chicago Convention or Convention on International Civil Aviation adopted in 1944, which established the International Civil Aviation Organisation (ICAO). All Member States are parties to the Chicago Convention. ICAO Convention on International Civil Aviation.
(5) European Commission, Staff Working Document, Evaluation of the Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data (API Directive), Brussels, 8.9.2020, SWD(2020)174 final.
(6) See Impact Assessment.
(7) Article 8(2)(a) of the Schengen Borders Code (Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) refers to the SIS, Interpol’s Stolen and Lost Travel Documents (SLTD) database, and national databases containing information on stolen, misappropriated, lost and invalidated travel documents.
(8) See European Commission, Directorate-General for Migration and Home Affairs, Study on Advance Passenger Information (API): evaluation of Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data, Publications Office, 2020,  https://data.europa.eu/doi/10.2837/882434 , p. 149.
(9) WCO/IATA/ICAO Guidelines on Advanced Passenger Information (API), 2014. See Annex 5 of the Impact Assessment.
(10) As regards the Schengen area, see European Commission, State of Schengen Report 2022, COM(2022) 301 final/2, 24.5.2022, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52022DC0301
(11) The SIS (Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006) assists competent authorities in the EU to preserve internal security in the absence of internal border checks and the VIS allows Schengen States to exchange visa data. The Eurodac system establishes an EU asylum fingerprint database enabling Member States to compare the fingerprints of asylum applicants in order to see whether they have previously applied for asylum or entered the EU irregularly via another Member State.
(12) The EES and ETIAS will strengthen security checks on travellers holding a short-term visa and those travelling visa-free to the Schengen area by enabling advance irregular migration and security vetting. The ECRIS-TCN system will address the identified gap in the exchange of information between Member States on convicted non-EU nationals.
(13) Regulation (EU) 2019/817 and Regulation (EU) 2019/818.
(14) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
(15) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(16) ICAO, Document 9303, Machine Readable Travel Documents, Eigth Edition, 2021, available at:   https://www.icao.int/publications/documents/9303_p1_cons_en.pdf .
(17) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).    
(18) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa.
(19) European Commission, Staff Working Document, Evaluation of the Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data (API Directive), Brussels, 8.9.2020, SWD(2020)174 final.
(20) See Article 6, last subparagraph, of the API Directive.
(21) Evaluation of the API Directive, SWD(2020)174.
(22) https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12434-Border-law-enforcement-advance-air-passenger-information-API-revised-rules_en .
(23) SWD(2022) 422 final (13.12.2022).
(24) Article 2(1) of Regulation (EU) 2021/1119 of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law).
(25) CJEU, judgment of 9.11.2010, Joined Cases C-92/09 and C-93/09 Volker und Markus Schecke and Eifert [2010] ECR I-0000.
(26) In line with Article 52(1) of the Charter, limitations may be imposed on the exercise of the right to data protection as long as the limitations are provided for by law, respect the essence of the right and freedoms and, subject to the principle of proportionality, are necessary and genuinely meet objectives of general interest recognised by the European Union or the need to protect the rights and freedoms of others.
(27) Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy.
(28) OJ L 64, 7.3.2002, p. 20.
(29) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011, (OJ L 295, 21.11.2018, p. 99).
(30) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, (OJ L 135, 22.5.2019, p. 27).
(31) [OJ C , , p. .]
(32) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(33) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24).
(34) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(35) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(36) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
(37) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).
(38) OJ L 123, 12.5.2016, p. 1.
(39) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(40) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(41) OJ L 176, 10.7.1999, p. 36.
(42) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
(43) OJ L 53, 27.2.2008, p. 52.
(44) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).
(45) OJ L 160, 18.6.2011, p. 21 .
(46) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons ( OJ L 160, 18.6.2011, p. 19 ).
(47) [OJ C …]
(48) Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).
(49) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
(50) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
(51) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(52) As per Impact Assessment
(53) COM(2021) 277 final (2.6.2021).
(54) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  
(55) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy
(56) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(57) EFTA: European Free Trade Association.
(58) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(59) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(60) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(61) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
(62) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(63) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(64) The budget impact beyond the current MFF is an indicative overview, without prejudice to the future MFF Agreement.
(65) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.