PNR Directive implementation in Poland
Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime was implemented to Polish Aviation legal system via the Act of May 9, 2018 on the processing of passenger name records (Dz.U. 2018 poz. 894). Polish PNR regulation came into force on 29.05.2021
PNR Registration obligation in Poland
Every air carrier intending to operate PNR flights to Poland shall submit, no later than 14 days prior to the commencement of PNR flight the certain data inc. name, address, telephone number, email by using special form. This data must be submitted to the Polish Passenger Information Unit only via official channels of communication in Poland (registered letter, ePUAP, e-signature).
Reporting of gathered PNR data categories in Poland
Every air carrier intending to operate PNR flights to Poland must submit, no later than 14 days prior to the commencement of PNR flight, PNR data categories, which it collects. This informationmust be submitted to the Polish Passenger Information Unit only via official channels of communication in Poland (registered letter, ePUAP, e-signature).
Which flights are captured by Polish PNR data reporting obligation
Regardless if the flight is operated as scheduled or unscheduled operation the following flight are obliged to comply with PNR reporting obligation:
- conducted by an air carrier entitled to perform air transport of passengers, and organised in connection with the air carrier’s business,
- carrying passengers,
- from which an air carrier receives benefits (e.g. carried out for remuneration),
- during which the border of a country is crossed and the departure or landing of an aircraft happens on the territory of Poland.
PNR data reporting timeframes
According to Polish PNR Act, PNR data are transferred to Polish Border Guard in two following timeframes:
- from 48 to 24 hours before the planned start of the PNR flight,
- immediately upon completion of the check-in and boarding of passengers on board an aircraft, when passengers are no longer able to board or leave the aircraft before it starts.
Penalties for breach of PNR reporting obligation
An air carrier which:
- does not transfer PNR data to PIU within each separate deadline, is subject to an administrative fine in the amount of PLN 20,000 for each breach,
- fails to transfer to PIU all the collected elements for the purpose of booking or performing a PNR flight the categories of PNR data, to which he was obliged to pass on the basis, is subject to an administrative fine in the amount of PLN 12,000,
- for each PNR flight in which such a breach has occurred.
An air carrier that does not provide PNR data in the designated or agreed formats is subject to an administrative fine in the amount of PLN 16,000 for each PNR flight in which such a breach occurred.
Contact our Polish Aviation Attorneys to advice on your PNR issue in Poland
Barrister, Managing Partner