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Regulation (EU) 2019/818 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 police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816

Type Regulation
Publication 2019-05-22
Last updated 2026-06-12
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 77
Reform history JSON API
4.

For the purposes of data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, the data controllers shall have access to the logs referred to in Articles 10, 16, 24 and 36 for self-monitoring as referred to in Article 44.

Article 41

Data processor

In relation to the processing of personal data in the shared BMS, the CIR and the MID, eu-LISA shall be the data processor within the meaning of point (12)(a) of Article 3 of Regulation (EU) 2018/1725.

Article 42

Security of processing

1.

eu-LISA, the ETIAS Central Unit, Europol and the Member State authorities shall ensure the security of the processing of personal data that takes place pursuant to this Regulation. eu-LISA, the ETIAS Central Unit, Europol and the Member State authorities shall cooperate on security-related tasks.

2.

Without prejudice to Article 33 of Regulation (EU) 2018/1725, eu-LISA shall take the necessary measures to ensure the security of the interoperability components and their related communication infrastructure.

3.

In particular, eu-LISA shall adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan, in order to:

  • (a) physically protect data, including by making contingency plans for the protection of critical infrastructure;
  • (b) deny unauthorised persons access to data-processing equipment and installations;
  • (c) prevent the unauthorised reading, copying, modification or removal of data media;
  • (d) prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of recorded personal data;
  • (e) prevent the unauthorised processing of data and any unauthorised copying, modification or deletion of data;
  • (f) prevent the use of automated data-processing systems by unauthorised persons using data communication equipment;
  • (g) ensure that persons authorised to access the interoperability components have access only to the data covered by their access authorisation, by means of individual user identities and confidential access modes only;
  • (h) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment;
  • (i) ensure that it is possible to verify and establish what data have been processed in the interoperability components, when, by whom and for what purpose;
  • (j) prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from the interoperability components or during the transport of data media, in particular by means of appropriate encryption techniques;
  • (k) ensure that, in the event of interruption, installed systems can be restored to normal operation;
  • (l) ensure reliability by making sure that any faults in the functioning of the interoperability components are properly reported;
  • (m) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation and to assess those security measures in the light of new technological developments.
4.

Member States, Europol and the ETIAS Central Unit shall take measures equivalent to those referred to in paragraph 3 as regards security in respect of the processing of personal data by the authorities having a right to access any of the interoperability components.

Article 43

Security incidents

1.

Any event that has or may have an impact on the security of the interoperability components and may cause damage to or loss of data stored in them shall be considered to be a security incident, in particular where unauthorised access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised.

2.

Security incidents shall be managed so as to ensure a quick, effective and proper response.

3.

Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu-LISA, the competent supervisory authorities and the European Data Protection Supervisor of any security incidents without delay.

Without prejudice to Articles 34 and 35 of Regulation (EU) 2018/1725 and Article 34 of Regulation (EU) 2016/794, the ETIAS Central Unit and Europol shall notify the Commission, eu-LISA and the European Data Protection Supervisor of any security incidents without delay.

In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor without delay.

4.

Information regarding a security incident that has or may have an impact on the operation of the interoperability components or on the availability, integrity and confidentiality of the data shall be provided to the Member States, the ETIAS Central Unit and Europol without delay and reported in compliance with the incident management plan to be provided by eu-LISA.

5.

The Member States concerned, the ETIAS Central Unit, Europol and eu-LISA shall cooperate in the event of a security incident. The Commission shall lay down the specifications of this cooperation procedure by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).

Article 44

Self-monitoring

Member States and the relevant Union agencies shall ensure that each authority entitled to access the interoperability components takes the measures necessary to monitor its compliance with this Regulation and cooperates, where necessary, with the supervisory authority.

The data controllers referred to in Article 40 shall take the necessary measures to monitor the compliance of data processing pursuant to this Regulation, including through frequent verification of the logs referred to in Articles 10, 16, 24 and 36, and cooperate, where necessary, with the supervisory authorities and with the European Data Protection Supervisor.

Article 45

Penalties

Member States shall ensure that any misuse of data, processing of data or exchange of data contrary to this Regulation is punishable in accordance with national law. The penalties provided shall be effective, proportionate and dissuasive.

Article 46

Liability

1.

Without prejudice to the right to compensation from, and liability of the controller or processor under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EU) 2018/1725:

  • (a) any person or Member State that has suffered material or non-material damage as a result of an unlawful personal data processing operation or any other act incompatible with this Regulation by a Member State shall be entitled to receive compensation from that Member State;
  • (b) any person or Member State that has suffered material or non-material damage as a result of any act by Europol, the European Border and Coast Guard Agency or eu-LISA incompatible with this Regulation shall be entitled to receive compensation from the agency in question.

The Member State concerned, Europol, the European Border and Coast Guard Agency or eu-LISA shall be exempted from their liability under the first subparagraph, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.

2.

If any failure of a Member State to comply with its obligations under this Regulation causes damage to the interoperability components, that Member State shall be liable for such damage, unless and insofar as eu-LISA or another Member State bound by this Regulation failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.

3.

Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the national law of the defendant Member State. Claims for compensation against the controller or eu-LISA for the damage referred to in paragraphs 1 and 2 shall be subject to the conditions provided for in the Treaties.

Article 47

Right to information

1.

The authority collecting the personal data to be stored in the shared BMS, the CIR or the MID shall provide the persons whose data are collected with the information required under Articles 13 and 14 of Regulation (EU) 2016/679, Articles 12 and 13 of Directive (EU) 2016/680 and Articles 15 and 16 of Regulation (EU) 2018/1725. The authority shall provide the information at the time that such data are collected.

2.

All information shall be made available, using clear and plain language, in a linguistic version the person concerned understands or is reasonably expected to understand. This shall include providing information in a manner which is appropriate to the age of the data subjects who are minors.

3.

The rules on the right to information contained in the applicable Union data protection rules shall apply to the personal data recorded in ECRIS-TCN and processed for the purposes of this Regulation.

Persons whose data are recorded in Eurodac shall be informed about the processing of personal data for the purposes of this Regulation in accordance with paragraph 1 when a new dataset is transmitted to Eurodac in accordance with Articles 15, 18, 20, 22, 23, 24 and 26 of Regulation (EU) 2024/1358.

Article 48

Right of access to, rectification and erasure of personal data stored in the MID and restriction of processing thereof

1.

In order to exercise their rights under Articles 15 to 18 of Regulation (EU) 2016/679, Articles 17 to 20 of Regulation (EU) 2018/1725 and Articles 14, 15 and 16 of Directive (EU) 2016/680, any person shall have the right to address himself or herself to the competent authority of any Member State, which shall examine and reply to the request.

2.

The Member State which examines such a request shall reply without undue delay and in any event within 45 days of receipt of the request. That period may be extended by 15 further days where necessary, taking into account the complexity and number of the requests. The Member State which examines the request shall inform the data subject of any such extension within 45 days of receipt of the request, together with the reasons for the delay. Member States may decide that replies are to be given by central offices.

3.

If a request for rectification or erasure of personal data is made to a Member State other than the Member State responsible for the manual verification of different identities, the Member State to which the request has been made shall contact the authorities of the Member State responsible for the manual verification of different identities within seven days. The Member State responsible for the manual verification of different identities shall check the accuracy of the data and the lawfulness of the data processing without undue delay and in any event within 30 days of such contact. That period may be extended by 15 further days where necessary, taking into account the complexity and number of the requests. The Member State responsible for the manual verification of different identities shall inform the Member State which contacted it of any such extension together with the reasons for the delay. The person concerned shall be informed by the Member State which contacted the authority of the Member State responsible for the manual verification of different identities about the further procedure.

4.

If a request for rectification or erasure of personal data is made to a Member State where the ETIAS Central Unit was responsible for the manual verification of different identities, the Member State to which the request has been made shall contact the ETIAS Central Unit within seven days to ask for its opinion. The ETIAS Central Unit shall give its opinion without undue delay and in any event within 30 days of being contacted. That period may be extended by 15 further days where necessary, taking into account the complexity and number of the requests. The person concerned shall be informed by the Member State which contacted the ETIAS Central Unit about the further procedure.

5.

Where, following an examination, it is found that the data stored in the MID are inaccurate or have been recorded unlawfully, the Member State responsible for the manual verification of different identities or, where there was no Member State responsible for the manual verification of different identities or where the ETIAS Central Unit was responsible for the manual verification of different identities, the Member State to which the request has been made shall rectify or erase those data without any undue delay. The person concerned shall be informed in writing that his or her data have been rectified or erased.

6.

Where data stored in the MID are amended by a Member State during their retention period, that Member State shall carry out the processing laid down in Article 27 and, where relevant, Article 29 to determine whether the amended data are to be linked. Where the processing does not report any match, that Member State shall erase the data from the identity confirmation file. Where the automated processing reports one or several matches, that Member State shall create or update the relevant link in accordance with the relevant provisions of this Regulation.

7.

Where the Member State responsible for the manual verification of different identities or, where applicable, the Member State to which the request has been made does not agree that data stored in the MID are inaccurate or have been recorded unlawfully, that Member State shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to rectify or erase data relating to him or her.

8.

The decision referred to in paragraph 7 shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request for access to, rectification, erasure or restriction of processing of personal data and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts, and any assistance, including from the supervisory authorities.

9.

Any request for access to, rectification, erasure or restriction of processing of personal data shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in this Article and shall be erased immediately afterwards.

10.

The Member State responsible for the manual verification of different identities or, where applicable, the Member State to which the request has been made shall keep a written record that a request for access to, rectification, erasure or restriction of processing of personal data was made and how it was addressed, and shall make that record available to supervisory authorities without delay.

11.

This Article is without prejudice to any limitations and restrictions to the rights set out in this Article pursuant to Regulation (EU) 2016/679 and Directive (EU) 2016/680.

Article 49

Web portal

1.

A web portal is established for the purpose of facilitating the exercise of the rights of access to, rectification, erasure or restriction of processing of personal data.

2.

The web portal shall contain information on the rights and procedures referred to in Articles 47 and 48 and a user interface enabling persons whose data are processed in the MID and who have been informed of the presence of a red link in accordance with Article 32(4) to receive the contact information of the competent authority of the Member State responsible for the manual verification of different identities.

3.

In order to obtain the contact information of the competent authority of the Member State responsible for the manual verification of different identities, the person whose data are processed in the MID should enter the reference to the authority responsible for the manual verification of different identities referred to in Article 34(d). The web portal shall use this reference in order to retrieve the contact information of the competent authority of the Member State responsible for the manual verification of different identities. The web portal shall also include a template e-mail to facilitate communication between the portal user and the competent authority of the Member State responsible for the manual verification of different identities. Such e-mail shall include a field for the single identification number referred to in Article 34(c) in order to allow the competent authority of the Member State responsible for the manual verification of different identities to identify the data concerned.

4.

Member States shall provide eu-LISA with the contact details of all authorities that are competent to examine and reply to any request referred to in Articles 47 and 48 and shall regularly review whether those contact details are up to date.

5.

eu-LISA shall develop the web portal and ensure its technical management.

6.

The Commission shall adopt a delegated act in accordance with Article 69 laying down detailed rules on the operation of the web portal, including the user interface, the languages in which the web portal shall be available and the template e-mail.

Article 50

Communication of personal data to third countries, international organisations and private parties

Without prejudice to Article 31 of Regulation (EC) No 767/2008, Articles 25 and 26 of Regulation (EU) 2016/794, Article 41 of Regulation (EU) 2017/2226, Article 65 of Regulation (EU) 2018/1240, Articles 49 and 50 of Regulation (EU) 2024/1358 and the querying of Interpol databases through the ESP in accordance with Article 9(5) of this Regulation which comply with the provisions of Chapter V of Regulation (EU) 2018/1725 and Chapter V of Regulation (EU) 2016/679, personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.

Article 51

Supervision by the supervisory authorities

1.

Each Member State shall ensure that the supervisory authorities independently monitor the lawfulness of the processing of personal data under this Regulation by the Member State concerned, including their transmission to and from the interoperability components.

2.

Each Member State shall ensure that the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 are also applicable, where relevant, to access to the interoperability components by police authorities and designated authorities, including in relation to the rights of the persons whose data are so accessed.

3.

The supervisory authorities shall ensure that an audit of the personal data processing operations by the responsible national authorities for the purposes of this Regulation is carried out in accordance with relevant international auditing standards at least every four years.

The supervisory authorities shall publish annually the number of requests for rectification, erasure or restriction of processing of personal data, the action subsequently taken and the number of rectifications, erasures and restrictions of processing made in response to requests by the persons concerned.

4.

Member States shall ensure that their supervisory authorities have sufficient resources and expertise to fulfil the tasks entrusted to them under this Regulation.

5.

Member States shall supply any information requested by a supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 and shall, in particular, provide it with information on the activities carried out in accordance with their responsibilities under this Regulation. Member States shall grant the supervisory authorities referred to in Article 51(1) of Regulation (EU) 2016/679 access to their logs referred to in Articles 10, 16, 24 and 36 of this Regulation, to the justifications referred to in Article 22(2) of this Regulation and allow them to access all their premises used for interoperability purposes at all times.

Article 52

Audits by the European Data Protection Supervisor

The European Data Protection Supervisor shall ensure that an audit of personal data processing operations by eu-LISA, the ETIAS Central Unit and Europol for the purposes of this Regulation is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, to the Council, to eu-LISA, to the Commission, to the Member States and to the Union agency concerned. eu-LISA, the ETIAS Central Unit and Europol shall be given an opportunity to make comments before the reports are adopted.

eu-LISA, the ETIAS Central Unit and Europol shall supply information requested by the European Data Protection Supervisor to it, grant the European Data Protection Supervisor access to all the documents it requests and to their logs referred to in Articles 10, 16, 24 and 36 and allow the European Data Protection Supervisor access to all their premises at any time.

Article 53

Cooperation between supervisory authorities and the European Data Protection Supervisor

1.

The supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively within the framework of their respective responsibilities and ensure coordinated supervision of the use of the interoperability components and the application of other provisions of this Regulation, in particular if the European Data Protection Supervisor or a supervisory authority finds major discrepancies between practices of Member States or finds potentially unlawful transfers using the communication channels of the interoperability components.

2.

In the cases referred to in paragraph 1 of this Article, coordinated supervision shall be ensured in accordance with Article 62 of Regulation (EU) 2018/1725.

3.

The European Data Protection Board shall send a joint report of its activities under this Article to the European Parliament, to the Council, to the Commission, to Europol, to the European Border and Coast Guard Agency and to eu-LISA by 12 June 2021 and every two years thereafter. That report shall include a chapter on each Member State prepared by the supervisory authority of the Member State concerned.

CHAPTER VIII Responsibilities

Article 54

Responsibilities of eu-LISA during the design and development phase

1.

eu-LISA shall ensure that the central infrastructures of the interoperability components are operated in accordance with this Regulation.

2.

The interoperability components shall be hosted by eu-LISA in its technical sites and shall provide the functionalities laid down in this Regulation in accordance with the conditions of security, availability, quality and performance referred to in Article 55(1).

3.

eu-LISA shall be responsible for the development of the interoperability components and for any adaptations required for establishing interoperability between the central systems of the EES, VIS, ETIAS, SIS, Eurodac, ECRIS-TCN, and the ESP, the shared BMS, the CIR, the MID and the CRRS.

Without prejudice to Article 62, eu-LISA shall not have access to any of the personal data processed through the ESP, the shared BMS, the CIR or the MID.

eu-LISA shall define the design of the physical architecture of the interoperability components including their communication infrastructures and the technical specifications and their evolution as regards the central infrastructure and the secure communication infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu-LISA shall also implement any necessary adaptations to SIS, Eurodac or ECRIS-TCN deriving from the establishment of interoperability and provided for by this Regulation.

eu-LISA shall develop and implement the interoperability components as soon as possible after the entry into force of this Regulation and the adoption by the Commission of the measures provided for in Articles 8(2), 9(7), 28(5) and (7), 37(4), 38(3), 39(5) 43(5) and 74(10).

The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project management and coordination.

4.

During the design and development phase, a Programme Management Board composed of a maximum of 10 members shall be established. It shall be composed of seven members appointed by eu-LISA's Management Board from among its members or its alternates, the chair of the Interoperability Advisory Group referred to in Article 71, a member representing eu-LISA appointed by its Executive Director, and one member appointed by the Commission. The members appointed by eu-LISA's Management Board shall be elected only from those Member States that are fully bound under Union law by the legal instruments governing the development, establishment, operation and use of all the EU information systems and which will participate in the interoperability components.

5.

The Programme Management Board shall meet regularly and at least three times per quarter. It shall ensure the adequate management of the design and development phase of the interoperability components.

Every month, the Programme Management Board shall submit written reports on progress of the project to eu-LISA's Management Board. The Programme Management Board shall have no decision-making power, nor any mandate to represent the members of eu-LISA's Management Board.

6.

eu-LISA's Management Board shall establish the rules of procedure of the Programme Management Board, which shall include in particular rules on:

  • (a) chairmanship;
  • (b) meeting venues;
  • (c) preparation of meetings;
  • (d) admission of experts to the meetings;
  • (e) communication plans ensuring that non-participating Members of the Management Board are kept fully informed.

The chairmanship shall be held by a Member State that is fully bound under Union law by the legal instruments governing the development, establishment, operation and use of all the EU information systems and which will participate in the interoperability components.

All travel and subsistence expenses incurred by the members of the Programme Management Board shall be paid by eu-LISA, and Article 10 of the eu-LISA Rules of Procedure shall apply mutatis mutandis. eu-LISA shall provide the Programme Management Board with a secretariat.

The Interoperability Advisory Group referred to in Article 71 shall meet regularly until the start of operations of the interoperability components. It shall report after each meeting to the Programme Management Board. It shall provide the technical expertise to support the tasks of the Programme Management Board and shall follow up on the state of preparation of the Member States.

Article 55

Responsibilities of eu-LISA following the entry into operations

1.

Following the entry into operations of each interoperability component, eu-LISA shall be responsible for the technical management of the central infrastructure of the interoperability components, including their maintenance and technological developments. In cooperation with the Member States, it shall ensure that the best available technology is used, subject to a cost-benefit analysis. eu-LISA shall also be responsible for the technical management of the communication infrastructure referred to in Articles 6, 12, 17, 25 and 39.

Technical management of the interoperability components shall consist of all the tasks and technical solutions necessary to keep the interoperability components functioning and providing uninterrupted services to the Member States and to the Union agencies 24 hours a day, 7 days a week in accordance with this Regulation. It shall include the maintenance work and technical developments necessary to ensure that the components function at a satisfactory level of technical quality, in particular as regards the response time for interrogation of the central infrastructures in accordance with the technical specifications.

All interoperability components shall be developed and managed in such a way as to ensure fast, seamless, efficient and controlled access, full, uninterrupted availability of the components and of the data stored in the MID, the shared BMS and the CIR, and a response time in line with the operational needs of the Member States' authorities and Union agencies.

2.

Without prejudice to Article 17 of the Staff Regulations of Officials of the European Union, eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality to its staff required to work with data stored in the interoperability components. This obligation shall also apply after such staff leave office or employment or after the termination of their activities.

Without prejudice to Article 62, eu-LISA shall not have access to any of the personal data processed through the ESP, the shared BMS, the CIR and the MID.

3.

eu-LISA shall develop and maintain a mechanism and procedures for carrying out quality checks on the data stored in the shared BMS and the CIR in accordance with Article 37.

4.

eu-LISA shall also perform tasks related to providing training on the technical use of the interoperability components.

Article 56

Responsibilities of Member States

1.

Each Member State shall be responsible for:

  • (a) the connection to the communication infrastructure of the ESP and the CIR;
  • (b) the integration of the existing national systems and infrastructures with the ESP, the CIR and the MID;
  • (c) the organisation, management, operation and maintenance of its existing national infrastructure and of its connection to the interoperability components;
  • (d) the management of, and arrangements for, access by the duly authorised staff of the competent national authorities to the ESP, the CIR and the MID in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles;
  • (e) the adoption of the legislative measures referred to in Article 20(5) and (6) in order to access the CIR for identification purposes;
  • (f) the manual verification of different identities referred to in Article 29;
  • (g) compliance with the data quality requirements established under Union law;
  • (h) compliance with the rules of each EU information system regarding the security and integrity of personal data;
  • (i) remedying any deficiencies identified in the Commission's evaluation report concerning data quality referred to in Article 37(5).
2.

Each Member State shall connect their designated authorities to the CIR.

Article 57

Responsibilities of Europol

1.

Europol shall ensure processing of the queries of Europol data by the ESP. Europol shall adapt its Querying Europol Systems (QUEST) interface for basic protection level (BPL) data accordingly.

2.

Europol shall be responsible for the management of, and arrangements for its duly authorised staff to use and access the ESP and the CIR under this Regulation and the creation and regular update of a list of those staff and their profiles.

Article 58

Responsibilities of the ETIAS Central Unit

The ETIAS Central Unit shall be responsible for:

  • (a) the manual verification of different identities in accordance with Article 29;
  • (b) carrying out multiple-identity detection between the data stored in the EES, VIS, Eurodac and SIS, as referred to in Article 65.

CHAPTER IX Amendments to other Union instruments

Article 59

Amendments to Regulation (EU) 2018/1726

Regulation (EU) 2018/1726 is amended as follows:

  • (1) Article 12 is replaced by the following: ‘Article 12 Data quality
1.

Without prejudice to Member States' responsibilities with regard to the data entered into the systems under the Agency's operational responsibility, the Agency, closely involving its Advisory Groups, shall establish for all systems under the Agency's operational responsibility automated data quality control mechanisms and procedures, common data quality indicators and the minimum quality standards to store data, in accordance with the relevant provisions of the legal instruments governing those information systems and of Article 37 of Regulations (EU) 2019/817 ([^E0014]) and (EU) 2019/818 ([^E0015]) of the European Parliament and of the Council.

2.

The Agency shall establish a central repository containing only anonymised data for reporting and statistics in accordance with Article 39 of Regulations (EU) 2019/817 and (EU) 2019/818, subject to specific provisions in the legal instruments governing the development, establishment, operation and use of large-scale IT systems managed by the Agency.

  • (2) in Article 19, paragraph 1 is amended as follows:
  • (a) the following point is inserted: ‘(eea)adopt reports on the state of play of the development of the interoperability components pursuant to Article 78(2) of Regulation (EU) 2019/817 and Article 74(2) of Regulation (EU) 2019/818;’;
  • (b) point (ff) is replaced by the following: ‘(ff)adopt reports on the technical functioning of SIS pursuant to Article 60(7) of Regulation (EU) 2018/1861 of the European Parliament and of the Council ([^E0016]) and Article 74(8) of Regulation (EU) 2018/1862 of the European Parliament and of the Council ([^E0017]), of the VIS pursuant to Article 50(3) of Regulation (EC) No 767/2008 and Article 17(3) of Decision 2008/633/JHA, of EES pursuant to Article 72(4) of Regulation (EU) 2017/2226, of ETIAS pursuant to Article 92(4) of Regulation (EU) 2018/1240, of the ECRIS-TCN and of the ECRIS reference implementation pursuant to Article 36(8) of Regulation (EU) 2019/816 of the European Parliament and of the Council ([^E0018]) and of the interoperability components pursuant to Article 78(3) of Regulation (EU) 2019/817 and Article 74(3) of Regulation (EU) 2019/818;
  • (c) point (hh) is replaced by the following: ‘(hh)adopt formal comments on the European Data Protection Supervisor's reports on its audits pursuant to Article 56(2) of Regulation (EU) 2018/1861, Article 42(2) of Regulation (EC) No 767/2008, Article 31(2) of Regulation (EU) No 603/2013, Article 56(2) of Regulation (EU) 2017/2226, Article 67 of Regulation (EU) 2018/1240, Article 29(2) of Regulation (EU) 2019/816 and Article 52 of Regulations (EU) 2019/817 and (EU) 2019/818 and ensure appropriate follow-up of those audits;’;
  • (d) point (mm) is replaced by the following: ‘(mm)ensure annual publication of the list of competent authorities authorised to search directly the data contained in SIS pursuant to Article 41(8) of Regulation (EU) 2018/1861 and Article 56(7) of Regulation (EU) 2018/1862, together with the list of Offices of the national systems of SIS (N.SIS) and SIRENE Bureaux pursuant to Article 7(3) of Regulation (EU) 2018/1861 and Article 7(3) of Regulation (EU) 2018/1862 respectively as well as the list of competent authorities pursuant to Article 65(2) of Regulation (EU) 2017/2226, the list of competent authorities pursuant to Article 87(2) of Regulation (EU) 2018/1240, the list of central authorities pursuant to Article 34(2) of Regulation (EU) 2019/816 and the list of authorities pursuant to Article 71(1) of Regulation (EU) 2019/817 and Article 67(1) of Regulation (EU) 2019/818;’;
  • (3) in Article 22, paragraph 4 is replaced by the following: ‘4. Europol and Eurojust may attend the meetings of the Management Board as observers when a question concerning SIS II, in relation to the application of Decision 2007/533/JHA is on the agenda. The European Border and Coast Guard Agency may attend the meetings of the Management Board as an observer when a question concerning SIS in relation to the application of Regulation (EU) 2016/1624 is on the agenda. Europol may attend the meetings of the Management Board as an observer when a question concerning VIS, in relation to the application of Decision 2008/633/JHA or a question concerning Eurodac, in relation to the application of Regulation (EU) No 603/2013 is on the agenda. Europol may attend the meetings of the Management Board as an observer when a question concerning EES in relation to the application of Regulation (EU) 2017/2226 is on the agenda or when a question concerning ETIAS in relation to Regulation (EU) 2018/1240 is on the agenda. The European Border and Coast Guard Agency may attend the meetings of the Management Board as an observer when a question concerning ETIAS in relation with the application of Regulation (EU) 2018/1240 is on the agenda. Eurojust, Europol and the European Public Prosecutor's Office may attend the meetings of the Management Board as observers when a question concerning Regulation (EU) 2019/816 is on the agenda. Europol, Eurojust and the European Border and Coast Guard Agency may attend the meetings of the Management Board as observers when a question concerning Regulations (EU) 2019/817 and (EU) 2019/818 is on the agenda. The Management Board may invite any other person whose opinion may be of interest to attend its meetings as an observer.’;
  • (4) in Article 24(3), point (p) is replaced by the following: ‘(p)without prejudice to Article 17 of the Staff Regulations of Officials, establishing confidentiality requirements in order to comply with Article 17 of Regulation (EC) No 1987/2006, Article 17 of Decision 2007/533/JHA, Article 26(9) of Regulation (EC) No 767/2008, Article 4(4) of Regulation (EU) No 603/2013, Article 37(4) of Regulation (EU) 2017/2226, Article 74(2) of Regulation (EU) 2018/1240, Article 11(16) of Regulation (EU) 2019/816 and Article 55(2) of Regulations (EU) 2019/817 and (EU) 2019/818;’;
  • (5) Article 27 is amended as follows:
  • (a) in paragraph 1, the following point is inserted: ‘(db)Interoperability Advisory Group;’;
  • (b) paragraph 3 is replaced by the following: ‘3. Europol, Eurojust and the European Border and Coast Guard Agency may each appoint a representative to the SIS II Advisory Group. Europol may also appoint a representative to the VIS and Eurodac and EES-ETIAS Advisory Groups. The European Border and Coast Guard Agency may also appoint a representative to the EES-ETIAS Advisory Group. Eurojust, Europol, and the European Public Prosecutors Office may each appoint a representative to the ECRIS-TCN Advisory Group. Europol, Eurojust and the European Border and Coast Guard Agency may each appoint a representative to the Interoperability Advisory Group.’.

Article 60

Amendments to Regulation (EU) 2018/1862

Regulation (EU) 2018/1862 is amended as follows:

  • (1) in Article 3, the following points are added:
  • ‘(18) ‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/818 of the European Parliament and of the Council ([^E0019]);
  • (19) ‘shared BMS’ means the shared biometric matching service established by Article 12(1) of Regulation (EU) 2019/818;
  • (20) ‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/818;
  • (21) ‘MID’ means the multiple-identity detector established by Article 25(1) of Regulation (EU) 2019/818;
  • (2) Article 4 is amended as follows:
  • (a) in paragraph 1, points (b) and (c) are replaced by the following:
  • ‘(b) a national system (N.SIS) in each of the Member States, consisting of the national data systems which communicate with Central SIS, including at least one national or shared backup N.SIS;
  • (c) a communication infrastructure between CS-SIS, backup CS-SIS and NI-SIS (‘the Communication Infrastructure’) that provides an encrypted virtual network dedicated to SIS data and the exchange of data between SIRENE Bureaux, as referred to in Article 7(2); and
  • (d) a secure communication infrastructure between CS-SIS and the central infrastructures of the ESP, the shared BMS and the MID.’;
  • (b) the following paragraphs are added: ‘8. Without prejudice to paragraphs 1 to 5, SIS data on persons and identity documents may also be searched via the ESP.
9.

Without prejudice to paragraphs 1 to 5, SIS data on persons and identity documents may also be transmitted via the secure communication infrastructure referred to in point (d) of paragraph 1. These transmissions shall be limited to the extent that the data are required for the purposes of Regulation (EU) 2019/818.’;

  • (3) in Article 7, the following paragraph is inserted: ‘2a. The SIRENE Bureaux shall also ensure the manual verification of different identities in accordance with Article 29 of Regulation (EU) 2019/818. To the extent necessary to carry out this task, the SIRENE Bureaux shall have access to the data stored in the CIR and the MID for the purposes laid down in Articles 21 and 26 of Regulation (EU) 2019/818’;
  • (4) in Article 12(1), the following subparagraph is added: ‘Member States shall ensure that every access to personal data via the ESP is also logged for the purposes of checking whether the search was lawful, monitoring the lawfulness of data processing, self-monitoring, and data integrity and security.’;
  • (5) in Article 44(1), the following point is added:
  • ‘(f) verifying different identities and combating identity fraud in accordance with Chapter V of Regulation (EU) 2019/818’.
  • (6) In Article 74, paragraph 7 is replaced by the following: ‘7. For the purpose of Article 15(4) and of paragraphs 3, 4 and 6 of this Article, eu-LISA shall store data referred to in Article 15(4) and in paragraph 3 of this Article which shall not allow for the identification of individuals in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818. eu-LISA shall allow the Commission and the bodies referred to in paragraph 6 of this Article to obtain bespoke reports and statistics. Upon request, eu-LISA shall grant access to the central repository for reporting and statistics in accordance with Article 39 of Regulation (EU) 2019/818 to Member States, the Commission, Europol, and the European Border and Coast Guard Agency.’.

Article 61

Amendments to Regulation (EU) 2019/816

Regulation (EU) 2019/816 is amended as follows:

  • (1) in Article 1, the following point is added: ‘(c)the conditions under which ECRIS-TCN contributes to facilitating and assisting in the correct identification of persons registered in ECRIS-TCN under the conditions and for the purposes of Article 20 of Regulation (EU) 2019/818 of the European Parliament and of the Council ([^E0020]), by storing identity data, travel document data and biometric data in the CIR.
  • (2) Article 2 is replaced by the following: ‘Article 2 Scope This Regulation applies to the processing of identity information of third-country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member States where such convictions were handed down. With the exception of point (b)(ii) of Article 5(1), the provisions of this Regulation that apply to third-country nationals also apply to citizens of the Union who also hold the nationality of a third country and who have been subject to convictions in the Member States. This Regulation also facilitates and assists in the correct identification of persons in accordance with this Regulation and with Regulation (EU) 2019/818.’;
  • (3) Article 3 is amended as follows:
  • (a) point (8) is deleted;
  • (b) the following points are added:
  • ‘(19) ‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/818;
  • (20) ‘ECRIS-TCN data’ means all data stored in the central system and in the CIR in accordance with Article 5;
  • (21) ‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/818.’;
  • (4) Article 4(1) is amended as follows:
  • (a) point (a) is replaced by the following: ‘(a)a central system;’;
  • (b) the following point is inserted: ‘(aa)the CIR;’;
  • (c) the following point is added: ‘(e)a communication infrastructure between the central system and the central infrastructures of the ESP and the CIR;’;
  • (5) Article 5 is amended as follows:
  • (a) in paragraph 1, the introductory part is replaced by the following: ‘1. For each convicted third-country national, the central authority of the convicting Member State shall create a data record in ECRIS-TCN. The data record shall include:’;
  • (b) the following paragraph is inserted: ‘1a. The CIR shall contain the data referred to in point (b) of paragraph 1 and the following data of point (a) of paragraph 1: surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities, gender, previous names, if applicable, where available pseudonyms or aliases, where available, the type and number of the person's travel documents, as well as the name of the issuing authority. The CIR may contain the data referred to in paragraph 3. The remaining ECRIS-TCN data shall be stored in the central system.’;
  • (6) Article 8 is amended as follows:
  • (a) paragraph 1 is replaced by the following: ‘1. Each data record shall be stored in the central system and the CIR for as long as the data related to the convictions of the person concerned are stored in the criminal records.’;
  • (b) paragraph 2 is replaced by the following: ‘2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the data record, including any fingerprint data or facial images, from the central system and the CIR. The erasure shall be done automatically, where possible, and in any event no later than one month after the expiry of the retention period.’;
  • (7) Article 9 is amended as follows:
  • (a) in paragraph 1, the word ‘ECRIS-TCN’ is replaced by the words ‘the central system and the CIR’;
  • (b) in paragraphs (2), (3) and (4), the words ‘central system’ are replaced by the words ‘the central system and the CIR’;
  • (8) in Article 10(1), point (j) is deleted;
  • (9) in Article 12(2), the words ‘central system’ are replaced by the words ‘the central system and the CIR’;
  • (10) in Article 13(2), the words ‘central system’ are replaced by the words ‘the central system, the CIR’;
  • (11) in Article 23(2), the words ‘central system’ are replaced by the words ‘the central system and the CIR’;
  • (12) Article 24 is amended as follows:
  • (a) paragraph 1 is replaced by the following: ‘1. The data entered into the central system and the CIR shall only be processed for the purposes of the identification of the Member States holding the criminal records information of third-country nationals. The data entered into the CIR shall also be processed in accordance with Regulation (EU) 2019/818 for facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN in accordance with this Regulation.’;
  • (b) the following paragraph is added: ‘3. Without prejudice to paragraph 2, access for the purposes of consulting the data stored in the CIR shall also be reserved for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union agencies that are competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.’;
  • (13) in Article 32, paragraph 2 is replaced by the following: ‘2. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in that paragraph in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818’;
  • (14) in Article 33(1) the words ‘central system’ are replaced by the words ‘central system, the CIR and’;
  • (15) in Article 41, paragraph 2 is replaced by the following: ‘2. For convictions handed down prior to the date of start of entry of data in accordance with Article 35(1), the central authorities shall create the individual data records in the central system and the CIR as follows: (a) alphanumeric data to be entered into the central system and the CIR by the end of the period referred to in Article 35(2); (b) fingerprint data to be entered into the CIR within two years after the start of operations in accordance with Article 35(4).’.

CHAPTER X Final provisions

Article 62

Reporting and statistics

1.

The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult, solely for the purposes of reporting and statistics, the number of queries per ESP user profile.

It shall not be possible to identify individuals from the data.

2.

The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the CIR, solely for the purposes of reporting and statistics:

  • (a) number of queries for the purposes of Articles 20, 21 and 22;
  • (b) nationality, gender and year of birth of the person;
  • (c) the type of the travel document and the three-letter code of the issuing country;
  • (d) the number of searches conducted with and without biometric data.

It shall not be possible to identify individuals from the data.

3.

The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the MID, solely for the purposes of reporting and statistics:

  • (a) the number of searches conducted with and without biometric data;
  • (b) the number of each type of link and the EU information systems containing the linked data;
  • (c) the period of time for which a yellow and red link remained in the system.

It shall not be possible to identify individuals from the data.

4.

The duly authorised staff of the European Border and Coast Guard Agency shall have access to consult the data referred to in paragraphs 1, 2 and 3 of this Article for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624 of the European Parliament and of the Council ([^E0021]).

5.

The duly authorised staff of Europol shall have access to consult the data referred to in paragraphs 2 and 3 of this Article for the purpose of carrying out strategic, thematic and operational analyses as referred to in Article 18(2)(b) and (c) of Regulation (EU) 2016/794.

6.

For the purpose of paragraphs 1, 2 and 3, eu-LISA shall store the data referred to in those paragraphs in the CRRS. It shall not be possible to identify individuals from the data included in the CRRS, but the data shall allow the authorities listed in paragraphs 1, 2 and 3 to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policy-making on migration and security in the Union.

7.

Upon request, relevant information shall be made available by the Commission to the European Union Agency for Fundamental Rights in order to evaluate the impact of this Regulation on fundamental rights.

Article 63

Transitional period for the use of the European search portal

1.

For a period of two years from the date the ESP commences operations, the obligations referred to in Article 7(2) and (4) shall not apply and the utilisation of the ESP shall be optional.

2.

The Commission is empowered to adopt a delegated act in accordance with Article 69 in order to amend this Regulation by extending the period referred to in paragraph 1 of this Article once, by no longer than one year, when an assessment of the implementation of the ESP has shown that such an extension is necessary, especially in view of the impact that bringing the ESP into operation would have on the organisation and length of border checks.

Article 64

Transitional period applicable to the provisions on access to the common identity repository for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences

Article 22 shall apply from the date of the start of operations of the CIR referred to in Article 68(3).

Article 65

Transitional period for multiple-identity detection

1.

For a period of one year following notification by eu-LISA of the completion of the test of the MID referred to in Article 68(4)(b) and before the start of operations of the MID, the ETIAS Central Unit shall be responsible for carrying out multiple-identity detection using the data stored in the EES, VIS, Eurodac and SIS. The multiple-identity detections shall be carried out using only biometric data.

2.

Where the query reports one or several matches and the identity data in the linked files are the same or similar, a white link shall be created in accordance with Article 33.

Where the query reports one or several matches and the identity data in the linked files cannot be considered to be similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply.

Where several matches are reported, a link shall be created between each piece of data triggering the match.

3.

Where a yellow link is created, the MID shall grant access to the identity data present in the different EU information systems to the ETIAS Central Unit.

4.

Where a link is created to an alert in SIS other than an alert created under Article 3 of Regulation (EU) 2018/1860, Articles 24 and 25 of Regulation (EU) 2018/1861, or Article 38 of Regulation (EU) 2018/1862, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert.

5.

The ETIAS Central Unit or, in the cases referred to in paragraph 4 of this Article the SIRENE Bureau of the Member State that created the alert, shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file.

6.

The ETIAS Central Unit shall notify the Commission in accordance with Article 67(3) only once all yellow links have been manually verified and their status updated as either green, white or red links.

7.

Member States shall assist the ETIAS Central Unit where necessary in carrying out multiple-identity detection under this Article.

8.

The Commission is empowered to adopt a delegated act in accordance with Article 69 in order to amend this Regulation by extending the period referred to in paragraph 1 of this Article by six months, renewable twice by six months each time. Such an extension shall only be granted following an assessment of the estimated completion time for multiple-identity detection under this Article, which demonstrates that the multiple-identity detection cannot be completed before expiry of the period remaining either under paragraph 1 of this Article or any ongoing extension, for reasons independent of the ETIAS Central Unit, and that no corrective measures can be applied. The assessment shall be carried out no later than three months before the expiry of such period or ongoing extension.

Article 66

Costs

1.

The costs incurred in connection with the establishment and operation of the ESP, the shared BMS, the CIR and the MID shall be borne by the general budget of the Union.

2.

Costs incurred in connection with the integration of the existing national infrastructures and their connection to the national uniform interfaces as well as in connection with hosting the national uniform interfaces shall be borne by the general budget of the Union.

The following costs shall be excluded:

  • (a) Member States' project management office (meetings, missions, offices);
  • (b) hosting of national IT systems (space, implementation, electricity, cooling);
  • (c) operation of national IT systems (operators and support contracts);
  • (d) design, development, implementation, operation and maintenance of national communication networks.
3.

Without prejudice to further funding for this purpose from other sources of the general budget of the European Union, an amount of EUR 32 077 000 shall be mobilised from the envelope of EUR 791 000 000 foreseen under Article 5(5)(b) of Regulation (EU) No 515/2014 to cover the costs of implementation of this Regulation, as foreseen under paragraphs 1 and 2 of this Article.

4.

From the envelope referred to in paragraph 3, EUR 22 861 000 shall be allocated to eu-LISA, EUR 9 072 000 shall be allocated to Europol and EUR 144 000 shall be allocated to the European Union Agency for Law Enforcement Training (CEPOL) to support these agencies in performing their respective tasks under this Regulation. Such funding shall be implemented under indirect management.

5.

The costs incurred by the designated authorities shall be borne by the designating Member States respectively. The costs of connecting each designated authority to the CIR shall be borne by each Member State.

The costs incurred by Europol, including of connection to the CIR, shall be borne by Europol.

Article 67

Notifications

1.

The Member States shall notify eu-LISA of the authorities referred to in Articles 7, 20, 21 and 26 that may use or have access to the ESP, the CIR and the MID respectively.

A consolidated list of those authorities shall be published in the Official Journal of the European Union within a period of three months from the date on which each interoperability component commenced operations in accordance with Article 68. Where there are amendments to the list, eu-LISA shall publish an updated consolidated list once a year.

2.

eu-LISA shall notify the Commission of the successful completion of the tests referred to in Article 68(1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b).

3.

The ETIAS Central Unit shall notify the Commission of the successful completion of the transitional period laid down in Article 65.

4.

The Commission shall make the information notified pursuant to paragraph 1 available to the Member States and to the public, via a constantly updated public website.

Article 68

Start of operations

1.

The Commission shall determine the date from which the ESP is to start operations by means of an implementing act once the following conditions have been met:

  • (a) the measures referred to in Articles 8(2), 9(7) and 43(5) have been adopted;
  • (b) eu-LISA has declared the successful completion of a comprehensive test of the ESP, which it has conducted in cooperation with the Member States authorities and the Union agencies that may use the ESP;
  • (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Article 8(1) and has notified them to the Commission.

The ESP shall only query the Interpol databases once the technical arrangements allow compliance with Article 9(5). Any impossibility of complying with Article 9(5) shall have the result that the ESP does not query the Interpol databases but shall not delay the start of operations of the ESP.

The Commission shall set the date referred to in the first subparagraph to be within 30 days from adoption of the implementing act.

1a. Without prejudice to paragraph 1 of this Article, the ESP shall start operations, for the purposes of the automated processing pursuant to Articles 9a and 22b of Regulation (EC) No 767/2008 only, from the date of the start of operations of VIS pursuant to Article 11 of Regulation (EU) 2021/1134 of the European Parliament and of the Council ([^E0022]).

1b. Without prejudice to paragraph 1 of this Article, the ESP shall start operations, for the purposes of the automated verifications pursuant to Article 20, Article 23, point (c)(ii) of Article 24(6), Article 41 and point (b) of Article 54(1) of Regulation (EU) 2018/1240 only, once the conditions laid down in Article 88 of that Regulation have been met.

2.

The Commission shall determine the date from which the shared BMS is to start operations by means of an implementing act once the following conditions have been met:

  • (a) the measures referred to in Articles 13(5) and 43(5) have been adopted;
  • (b) eu-LISA has declared the successful completion of a comprehensive test of the shared BMS, which it has conducted in cooperation with the Member States authorities;
  • (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Article 13 and has notified them to the Commission;
  • (d) eu-LISA has declared the successful completion of the test referred to in paragraph 5(b).

The Commission shall set the date referred to in the first subparagraph to be within 30 days from adoption of the implementing act.

3.

The Commission shall determine the date from which the CIR is to start operations by means of an implementing act once the following conditions have been met:

  • (a) the measures referred to in Articles 43(5) and 74(10) have been adopted;
  • (b) eu-LISA has declared the successful completion of a comprehensive test of the CIR, which it has conducted in cooperation with the Member States authorities;
  • (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Article 18 and has notified them to the Commission;
  • (d) eu-LISA has declared the successful completion of the test referred to in paragraph 5(b).

The Commission shall set the date referred to in the first subparagraph to be within 30 days from adoption of the implementing act.

4.

The Commission shall determine the date from which the MID is to start operations by means of an implementing act once the following conditions have been met:

  • (a) the measures referred to in Articles 28(5) and (7), 32(5), 33(6), 43(5) and 49(6) have been adopted;
  • (b) eu-LISA has declared the successful completion of a comprehensive test of the MID, which it has conducted in cooperation with the Member States authorities and the ETIAS Central Unit;
  • (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Article 34 and has notified them to the Commission;
  • (d) the ETIAS Central Unit has notified the Commission in accordance with Article 67(3);
  • (e) eu-LISA has declared the successful completion of the tests referred to in paragraphs 1(b), 2(b), 3(b) and 5(b).

The Commission shall set the date referred to in the first subparagraph to be within 30 days from adoption of the implementing act.

5.

The Commission shall determine by means of implementing acts the date from which the automated data quality control mechanisms and procedures, the common data quality indicators and the minimum data quality standards are to be used, once the following conditions have been met:

  • (a) the measures referred to in Articles 37(4) have been adopted;
  • (b) eu-LISA has declared the successful completion of a comprehensive test of the automated data quality control mechanisms and procedures, the common data quality indicators and the minimum data quality standards, which it has conducted in cooperation with the Member States authorities.

The Commission shall set the date referred to in the first subparagraph to be within 30 days from adoption of the implementing act.

6.

The Commission shall determine the date from which the CRRS is to start operations by means of an implementing act once the following conditions have been met:

  • (a) the measures referred to in Articles 39(5) and 43(5) have been adopted;
  • (b) eu-LISA has declared the successful completion of a comprehensive test of the CRRS, which it has conducted in cooperation with the Member States authorities;
  • (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Article 39 and has notified them to the Commission.

The Commission shall set the date referred to in the first subparagraph to be within 30 days from adoption of the implementing act.

7.

The Commission shall inform the European Parliament and the Council of the results of the tests carried out pursuant to paragraphs 1(b), 2(b), 3(b), 4(b), 5(b) and 6(b).

8.

Member States, the ETIAS Central Unit and Europol shall start using each of the interoperability components from the date determined by the Commission in accordance with paragraphs 1, 2, 3 and 4 respectively.

Article 69

Exercise of the delegation

1.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Articles 28(5), 39(5), 49(6), 63(2) and 65(8) shall be conferred on the Commission for a period of five years from 11 June 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.

The delegation of power referred to in Articles 28(5), 39(5), 49(6), 63(2) and 65(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.

A delegated act adopted pursuant to Articles 28(5), 39(5), 49(6), 63(2) and 65(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 70

Committee procedure

1.

The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 71

Advisory Group

An Interoperability Advisory Group shall be established by eu-LISA. During the design and development phase of the interoperability components, Article 54(4), (5) and (6) shall apply.

Article 72

Training

eu-LISA shall perform tasks related to the provision of training on the technical use of the interoperability components in accordance with Regulation (EU) 2018/1726.

Member States authorities and Union agencies shall provide their staff authorised to process data using the interoperability components, with appropriate training programmes concerning data security, data quality, data protection rules, the procedures applicable to data processing and the obligations to inform under Articles 32(4), 33(4) and 47.

Where appropriate, joint training courses on these topics shall be organised at Union level to enhance cooperation and the exchange of best practices between the staff of Member States authorities and Union agencies who are authorised to process data using the interoperability components. Particular attention shall be paid to the process of multiple-identity detection, including the manual verification of different identities and the accompanying need to maintain appropriate safeguards of fundamental rights.

Article 73

Practical handbook

The Commission shall, in close cooperation with the Member States, eu-LISA and other relevant Union agencies, make available a practical handbook for the implementation and management of the interoperability components. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation.

Article 74

Monitoring and evaluation

1.

eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components and their connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.

2.

By 12 December 2019 and every six months thereafter during the development phase of the interoperability components, eu-LISA shall submit a report to the European Parliament and to the Council on the state of play of the development of the interoperability components, as well as their connection to the national uniform interface. Once the development is finalised, a report shall be submitted to the European Parliament and to the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.

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