Chapter 3, Article 16, Paragraph 1. · Regulation (EU) 2025/12

Contents

1.Where it is technically impossible to use the router to transmit API data because of a failure of the router, eu-LISA shall immediately notify the air carriers and competent border authorities of that technical impossibility in an automated manner. In that case, eu-LISA shall immediately take measures to address the technical impossibility to use the router and shall immediately notify the air carriers and competent border authorities when it has been successfully addressed.During the period of time between those notifications, Article 6(1) and Article 8(1) shall not apply insofar as the technical impossibility prevents the transfer of API data to the router. Air carriers shall store the API data until the technical impossibility has been successfully addressed. As soon as the technical impossibility has been successfully addressed, air carriers shall transfer the data to the router in accordance with Article 6(1).Where the API data are received later than 96 hours after the time of departure as referred to in Article 4(3)(f), the router shall not transmit the API data to the competent border authorities, but instead delete those data.Where it is technically impossible to use the router, and in exceptional cases related to the objectives of this Regulation that make it necessary for competent border authorities to immediately receive API data during the technical impossibility to use the router, competent border authorities may request air carriers to use any other appropriate means, ensuring the necessary level of data security, data quality and data protection, to transfer the API data directly to the competent border authorities. The competent border authorities shall process the API data received through any other appropriate means in accordance with the rules and safeguards set out in Regulation (EU) 2016/399 and applicable national law.Following the notification from eu-LISA that the technical impossibility has been successfully addressed, and where it is confirmed in accordance with Article 14(3) that the transmission of the API data through the router to the relevant competent border authority has been completed, the competent border authority shall immediately delete the API data received by any other appropriate means.

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Defined terms · 11

Show every defined term

air carrier
means an air carrier as defined in Article 3, point (1), of Directive (EU) 2016/681 of the European Parliament and of the Council;
border checks
means border checks as defined in Article 2, point 11, of Regulation (EU) 2016/399;
border crossing point
means a border crossing point as defined in Article 2, point 8, of Regulation (EU) 2016/399;
competent border authority
means the authority that is empowered by a Member State to carry out border checks and that is designated and notified by that Member State in accordance with Article 14(2);
flights into the Union
means flights flying from the territory either of a third country or of a Member State to which this Regulation does not apply, and planned to land on the territory of a Member State or Member States to which this Regulation applies;
non-scheduled flight
means a flight that does not operate according to a fixed timetable and that is not necessarily part of a regular or scheduled route;
passenger
means any person, excluding on-duty members of the crew, carried or to be carried in an aircraft with the consent of the air carrier, such consent being manifested by that person’s registration in the passenger list;
personal data
means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;
real-time flight traffic data
means information on the inbound and outbound flight traffic of an airport covered by this Regulation.
scheduled flight
means a flight that operates according to a fixed timetable, for which tickets can be purchased by the general public;
the router
means the router referred to in Article 11 of this Regulation and Article 9 of Regulation (EU) 2025/13;