PNR Regulation In Poland | Passenger Name Record 2024

• Published date: 24 January 2024
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Aviation, Trials & Appeals & Compensation
• Law Firm: Dudkowiak Kopec & Putyra
• Author: Mr Michal Dudkowiak

PNR in Poland - Dates & Facts for 2024

In February 2022, the Polish government took temporary steps to address the overly excessive penalties for not transferring PNR data, suspending for two years the initiation and conduct of administrative proceedings for past non-transmission of PNR data, the enforcement and execution of these penalties, as well as the punishment period for violations of the PNR Law of Poland.

Although the suspension period is coming to an end, there is no information about specific actions or planned changes in the law. This means that carriers must prepare that once the suspension period is over, all proceedings will resume and continue, which can result in cumulative number of administrative penalties.

From what date will PNR proceedings resume?

From 6 February 2024 the following proceedings regarding PNR data suspended on 5 February 2022 will resume:

1. proceedings initiated by Commandant of the Border Guard for not providing PNR data related to the flights carried out before 5 February 2022,
2. proceedings to execute the imposed administrative penalty for not providing PNR data.

The proceedings will be resumed based on the provisions of law. The deadlines to provide documents or statements initiated before the suspension on 5 February 2022 as well as to submit motions for reconsideration of issued decisions will continue (they will not run anew).

New PNR proceedings for flights carried out before 5 February 2022

Moreover, from 6 February 2024, Border Guard authorities will be able to initiate new proceedings for not providing PNR data for flights carried out before 5 February 2022. The deadline for imposing an administrative penalty was also extended from 3 years from the date of infringement to 5 years, unless it expired before 5 February 2022.

Also, the Border Guard authorities will initiate new proceedings to enforce the already imposed administrative penalties for not providing PNR data, which have not been opened due to the 2-year suspension period.

How to prepare for end of PNR suspension period?

Air carriers that have been subject to PNR suspensions should plan ahead to ensure they meet the resumed deadlines, including:

1. verifying the penalties imposed before 5 February 2022, which payment was suspended until 6 February 2024, it may happen that the penalties will accumulate, the deadline to pay the penalty is 30 days from the date the decision on imposing the penalties in final,
2. recalculating the expiry of claims in pending...