Regulation (EU) 2019/817 of the European Parliament and of the CouncilShow full title

CHAPTER IX U.K. Amendments to other Union instruments

Article 58 U.K. Amendments to Regulation (EC) No 767/2008

Regulation (EC) No 767/2008 is amended as follows:

(1)

in Article 1, the following paragraph is added:

‘By storing identity data, travel document data and biometric data in the common identity repository (CIR) established by Article 17(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council(1), the VIS contributes to facilitating and assisting in the correct identification of persons registered in the VIS under the conditions and for the purposes of Article 20 of that Regulation.’;

(2)

in Article 4, the following points are added:

‘(12)

‘VIS data’ means all data stored in the VIS Central System and in the CIR in accordance with Articles 9 to 14;

(13)

‘identity data’ means the data referred to in Article 9(4)(a) and (aa);

(14)

‘fingerprint data’ means the data relating to the five fingerprints of the index, middle finger, ring finger, little finger and the thumb from the right hand and, where present, from the left hand;’;

(3)

in Article 5, the following paragraph is inserted:

‘1a. The CIR shall contain the data referred to in Article 9(4)(a) to (c), (5) and (6). The remaining VIS data shall be stored in the VIS Central System.’;

(4)

in Article 6 paragraph 2 is replaced by the following:

‘2. Access to the VIS for the purposes of consulting the data shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State which are competent for the purposes laid down in Articles 15 to 22, and for the duly authorised staff of the national authorities of each Member State and of the Union agencies which are competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/817. 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.’;

(5)

in point (4) of Article 9, points (a) to (c) are replaced by the following:

‘(a)

surname (family name); first name or names (given names); date of birth; sex;

(aa)

surname at birth (former surname(s)); place and country of birth; current nationality and nationality at birth;

(b)

the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents;

(c)

the date of expiry of the validity of the travel document or documents;

(ca)

the authority which issued the travel document and its date of issue;’.

Article 59 U.K. Amendments to Regulation (EU) 2016/399

In Article 8 the following paragraph is inserted:

‘4a. Where on entry or exit, consultation of the relevant databases including the multiple-identity detector through the European search portal established by Article 25(1) and Article 6(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council(2) respectively results in a yellow link or detects a red link, the border guard shall consult the common identity repository established by Article 17(1) of that Regulation or SIS or both to assess the differences in the linked identity data or travel document data. The border guard shall carry out any additional verification necessary to take a decision on the status and colour of the link.

In accordance with Article 69(1) of Regulation (EU) 2019/817, this paragraph shall apply as from the start of operations of the multiple-identity detector under Article 72(4) of that Regulation.’.

Article 60 U.K. Amendments to Regulation (EU) 2017/2226

Regulation (EU) 2017/2226 is amended as follows:

(1)

in Article 1, the following paragraph is added:

‘3. By storing identity data, travel document data and biometric data in the common identity repository (CIR) established by Article 17(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council(3), the EES contributes to facilitating and assisting in the correct identification of persons registered in the EES under the conditions and for the purposes of Article 20 of that Regulation.’;

(2)

in Article 3, paragraph 1 is amended as follows:

(a)

point (22) is replaced by the following:

‘(22)

‘EES data’ means all data stored in the EES Central System and in the CIR in accordance with Articles 15 to 20;’;

(b)

the following point is inserted:

‘(22a)

‘identity data’ means the data referred to in point (a) of Article 16(1) as well as the relevant data referred to in Articles 17(1) and 18(1);’;

(c)

the following points are added:

‘(32)

‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/817;

(33)

‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817.’;

(3)

in Article 6(1), the following point is added:

‘(j) ensure the correct identification of persons.’;

(4)

Article 7 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the following point is inserted:

‘(aa) the CIR central infrastructure as referred to in point (a) of Article 17(2) of Regulation (EU) 2019/817;’;

(ii)

point (f) is replaced by the following:

‘(f) a secure communication infrastructure between the EES Central System and the central infrastructures of the ESP and the CIR.’;

(b)

the following paragraph is inserted:

‘1a. The CIR shall contain the data referred to in points (a) to (d) of Article 16(1), points (a), (b) and (c) of Article 17(1) and Article 18(1) and (2). The remaining EES data shall be stored in the EES Central System.’;

(5)

in Article 9, the following paragraph is added:

‘4. Access to the EES data stored in the CIR shall be reserved exclusively 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 Article 20 and Article 21 of Regulation (EU) 2019/817. 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.’;

(6)

Article 21 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. Where it is technically impossible to enter data in the EES Central System or the CIR or in the event of a failure of the EES Central System or the CIR, the data referred to in Articles 16 to 20 shall be temporarily stored in the NUI. Where that is not possible, the data shall be temporarily stored locally in an electronic format. In both cases, the data shall be entered in the EES Central System or the CIR as soon as the technical impossibility or failure has been remedied. The Member States shall take the appropriate measures and deploy the required infrastructure, equipment and resources to ensure that such temporary local storage may be carried out at any time and for any of their border crossing points.’;

(b)

in paragraph 2, the first subparagraph is replaced by the following:

‘2. Without prejudice to the obligation to carry out border checks under Regulation (EU) 2016/399, the border authority, in the exceptional situation where it is technically impossible to enter data in either the EES Central System and the CIR or in the NUI and it is technically impossible to temporarily store the data locally in an electronic format, shall manually store the data referred to in Articles 16 to 20 of this Regulation, with the exception of biometric data, and shall affix an entry or exit stamp in the travel document of the third-country national. That data shall be entered in the EES Central System and the CIR as soon as technically possible.’;

(7)

Article 23 is amended as follows:

(a)

the following paragraph is inserted:

‘2a. For the purpose of the verifications in accordance with paragraph 1 of this Article, the border authority shall launch a query by using the ESP to compare the data on the third-country national with the relevant data in the EES and the VIS.’;

(b)

in paragraph 4, the first subparagraph is replaced by the following:

‘4. Where the search with the alphanumeric data set out in paragraph 2 of this Article indicates that data on the third-country national are not recorded in the EES, where a verification of the third-country national pursuant to paragraph 2 of this Article fails or where there are doubts as to the identity of the third-country national, the border authorities shall have access to data for identification in accordance with Article 27 in order to create or update an individual file in accordance with Article 14.’;

(8)

in Article 32 the following paragraph is inserted:

‘1a. In cases where the designated authorities have launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, they may access the EES for consultation where the conditions laid down in this Article are met and where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the EES.’;

(9)

in Article 33 the following paragraph is inserted:

‘1a. In cases where Europol has launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, it may access the EES for consultation where the conditions laid down in this Article are met and where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the EES.’;

(10)

Article 34 is amended as follows:

(a)

in paragraphs 1 and 2, the words ‘in the EES Central System’ are replaced by the words ‘in the CIR and in the EES Central System’;

(b)

in paragraph 5, the words ‘from the EES Central System’ are replaced by the words ‘from the EES Central System and from the CIR’;

(11)

in Article 35, paragraph 7 is replaced by the following:

‘7. The EES Central System and the CIR shall immediately inform all Member States of the erasure of EES or CIR data and where applicable remove them from the list of identified persons referred to in Article 12(3).’;

(12)

in Article 36, the words ‘of the EES Central System’ shall be replaced by the words ‘of the EES Central System and the CIR’;

(13)

Article 37 is amended as follows:

(a)

the first subparagraph of paragraph 1 is replaced by the following:

‘1. eu-LISA shall be responsible for the development of the EES Central System and the CIR, the NUIs, the Communication Infrastructure and the Secure Communication Channel between the EES Central System and the VIS Central System. eu-LISA shall also be responsible for the development of the web service referred to in Article 13 in accordance with the detailed rules referred to in Article 13(7) and the specifications and conditions adopted pursuant to point (h) of the first paragraph of Article 36 and for the development of the data repository referred to in Article 63(2).’;

(b)

the first subparagraph of paragraph 3 is replaced by the following:

‘3. eu-LISA shall be responsible for the operational management of the EES Central System and the CIR, the NUIs and the Secure Communication Channel between the EES Central System and the VIS Central System. It shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for the EES Central System and the CIR, the NUIs, the Communication Infrastructure, the Secure Communication Channel between the EES Central System and the VIS Central System, the web service referred to in Article 13 and the data repository referred to in Article 63(2). eu-LISA shall also be responsible for the operational management of the Communication Infrastructure between the EES Central System and the NUIs, for the web service referred to in Article 13 and the data repository referred to in Article 63(2).’;

(14)

in Article 46(1) the following point is added:

‘(f) a reference to the use of the ESP to query the EES as referred to in Article 7(2) of Regulation (EU) 2019/817.’;

(15)

Article 63 is amended as follows:

(a)

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 the Regulation (EU) 2019/817.’;

(b)

in paragraph 4 the following subparagraph is added:

‘The daily statistics shall be stored in the central repository for reporting and statistics.’.

Article 61 U.K. Amendments to Regulation (EU) 2018/1240

Regulation (EU) 2018/1240 is amended as follows:

(1)

in Article 1, the following paragraph is added:

‘3. By storing identity data and travel document data in the common identity repository (CIR) established by Article 17(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council(4), ETIAS contributes to facilitating and assisting in the correct identification of persons registered in ETIAS under the conditions and for the purposes of Article 20 of that Regulation.’;

(2)

in Article 3(1), the following points are added:

‘(23)

‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817;

(24)

‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/817;

(25)

‘ETIAS Central System’ means the Central System referred to in point (a) of Article 6(2) together with the CIR to the extent that the CIR contains the data referred to in Article 6(2a);

(26)

‘identity data’ means the data referred to in points (a), (b) and (c) of Article 17(2);

(27)

‘travel document data’ means the data referred to in points (d) and (e) of Article 17(2) and the three letter code of the country issuing the travel document as referred to in point (c) of Article 19(3).’;

(3)

in Article 4, the following point is added:

‘(g) contribute to the correct identification of persons.’;

(4)

Article 6 is amended as follows:

(a)

paragraph 2 is amended as follows:

(i)

point (a) is replaced by the following:

‘(a) a Central System, including the ETIAS watchlist referred to in Article 34;’;

(ii)

the following point is inserted:

‘(aa) the CIR;’;

(iii)

point (d) is replaced by the following:

‘(d) a secure communication infrastructure between the Central System and the central infrastructures of the ESP and the CIR;’;

(b)

the following paragraph is inserted:

‘2a. The CIR shall contain the identity data and travel document data. The remaining data shall be stored in the Central System.’;

(5)

Article 13 is amended as follows:

(a)

the following paragraph is inserted:

‘4a. Access to the ETIAS identity data and travel document data stored in the CIR shall also be reserved exclusively 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 Article 20 and Article 21 of Regulation (EU) 2019/817. 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.’;

(b)

paragraph 5 is replaced by the following:

‘5. Each Member State shall designate the competent national authorities referred to in paragraphs 1, 2, 4 and 4a of this Article and shall communicate a list of these authorities to eu-LISA without delay, in accordance with Article 87(2). That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in ETIAS Information System in accordance with paragraphs 1, 2, 4 and 4a of this Article.’;

(6)

in Article 17, paragraph 2 is amended as follows:

(a)

point (a) is replaced by the following:

‘(a) surname (family name), first name(s) (given name(s)), surname at birth; date of birth, place of birth, sex, current nationality;’;

(b)

the following point is inserted:

‘(aa) country of birth, first name(s) of the parents of the applicant;’;

(7)

in Article 19(4) the words ‘point (a) of Article 17(2)’ are replaced by the words ‘points (a) and (aa) of Article 17(2)’;

(8)

Article 20 is amended as follows:

(a)

in paragraph 2, the first subparagraph is replaced by the following:

‘2. The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2) and in Article 17(8) to the data present in a record, file or alert registered in an application file stored in the ETIAS Central System, SIS, the EES, VIS, Eurodac, Europol data and in the Interpol SLTD and TDAWN databases.’;

(b)

in paragraph 4, the words ‘points (a), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2)’ are replaced by the words ‘points (a), (aa), (b), (c), (d), (f), (g), (j), (k) and (m) of Article 17(2)’;

(c)

in paragraph 5, the words ‘points (a), (c), (f), (h) and (i) of Article 17(2)’ are replaced by the words ‘points (a), (aa), (c), (f), (h) and (i) of Article 17(2)’;

(9)

in Article 23, paragraph 1 is replaced by the following:

‘1. The ETIAS Central System shall launch a query by using the ESP to compare the relevant data referred to in points (a), (aa), (b) and (d) of Article 17(2) to the data present in SIS in order to determine whether the applicant is the subject of one of the following alerts:

(a) an alert on missing persons;

(b) an alert on persons sought to assist with a judicial procedure;

(c) an alert on persons for discreet checks or specific checks.’;

(10)

in Article 52, the following paragraph is inserted:

‘1a. In cases where the designated authorities have launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, they may access the application files stored in the ETIAS Central System in accordance with this Article for consultation where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the application files stored in the ETIAS Central System.’;

(11)

in Article 53, the following paragraph is inserted:

‘1a. In cases where Europol has launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, it may access the application files stored in the ETIAS Central System in accordance with this Article for consultation where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the application files stored in the ETIAS Central System.’;

(12)

in the fifth subparagraph of Article 65(3), the words ‘points (a), (b), (d), (e) and (f) of Article 17(2)’ are replaced by the words ‘points (a), (aa), (b), (d), (e) and (f) of Article 17(2)’;

(13)

in Article 69(1), the following point is inserted:

‘(ca) where relevant, a reference to the use of the ESP to query the ETIAS Central System as referred to in Article 7(2) of Regulation (EU) 2019/817’;

(14)

in Article 73(2), the words ‘the central repository of data’ are replaced by the words ‘the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/817, insofar as it contains data obtained from the ETIAS Central System under Article 84 of this Regulation’;

(15)

in Article 74(1), the first subparagraph is replaced by the following:

‘1. Following the entry into operations of ETIAS, eu-LISA shall be responsible for the technical management of the ETIAS Central System and the NUIs. It shall also be responsible for any technical testing required for the establishment and update of the ETIAS screening rules. It shall ensure, in cooperation with the Member States that, at all times, 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 between the ETIAS Central System and the NUIs as well as for the public website, the app for mobile devices, the email service, the secure account service, the verification tool for applicants, the consent tool for applicants, the assessment tool for the ETIAS watchlist, the carrier gateway, the web service and the software to process the applications.’;

(16)

in Article 84(2), the first subparagraph 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) 2019/817. In accordance with Article 39(1) of that Regulation, cross-system statistical data and analytical reporting shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics, to support the implementation of the ETIAS screening rules referred to in Article 33, to improve the assessment of the security, illegal immigration and high epidemic risks, to enhance the efficiency of border checks and to help the ETIAS Central Unit and the ETIAS National Units process travel authorisation applications.’;

(17)

in Article 84(4), the following subparagraph is added:

‘The daily statistics shall be stored in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/817.’.

Article 62 U.K. 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(5) and (EU) 2019/818(6) 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(7) and Article 74(8) of Regulation (EU) 2018/1862 of the European Parliament and of the Council(8), 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 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(9) 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)

[X1 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.’.

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 135 of 22 May 2019).

Article 63 U.K. Amendments to Regulation (EU) 2018/1861

Regulation (EU) 2018/1861 is amended as follows:

(1)

in Article 3, the following points are added:

‘(22)

‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council(10);

(23)

‘shared BMS’ means the shared biometric matching service established by Article 12(1) of Regulation (EU) 2019/817;

(24)

‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817;

(25)

‘MID’ means the multiple-identity detector established by Article 25(1) of Regulation (EU) 2019/817.’;

(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 may also be searched via the ESP.

9. Without prejudice to paragraphs 1 to 5, SIS data 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) 2019/817.’;

(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 Regulation (EU) 2019/817. 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) 2019/817.’;

(4)

in Article 12, paragraph 1 is replaced by the following:

‘1. Member States shall ensure that every access to and all exchanges of personal data within CS-SIS are logged in their N.SIS for the purposes of checking whether the search was lawful, monitoring the lawfulness of data processing, self-monitoring, ensuring the proper functioning of N.SIS, as well as for data integrity and security. This requirement does not apply to the automatic processes referred to in points (a), (b) and (c) of Article 4(6).

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 34(1), the following point is added:

‘(g) verifying different identities and combating identity fraud in accordance with Chapter V of Regulation (EU) 2019/817.’;

(6)

in Article 60, paragraph 6 is replaced by the following:

‘6. For the purpose of Article 15(4) and of paragraphs 3, 4 and 5 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) 2019/817.

eu-LISA shall allow the Commission and the bodies referred to in paragraph 5 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) 2019/817 to Member States, the Commission, Europol, and the European Border and Coast Guard Agency.’.

Article 64 U.K. Amendments to Decision 2004/512/EC

In Article 1 of Decision 2004/512/EC, paragraph 2 is replaced by the following:

‘2. The Visa Information System shall be based on a centralised architecture and consist of:

(a) the common identity repository central infrastructure as referred to in Article 17(2)(a) of Regulation (EU) 2019/817 of the European Parliament and of the Council(11);

(b) a central information system, hereinafter referred to as ‘the Central Visa Information System’ (CS-VIS);

(c) an interface in each Member State, hereinafter referred to as the ‘National Interface’ (NI-VIS), to provide the connection to the relevant central national authority of the respective Member State;

(d) a communication infrastructure between the Central Visa Information System and the National Interfaces;

(e) a Secure Communication Channel between the EES Central System and the CS-VIS;

(f) a secure communication infrastructure between the VIS Central System and the central infrastructure of the European search portal established by Article 6(1) of Regulation (EU) 2019/817 and of the common identity repository established by Article 17(1) of Regulation (EU) 2019/817.’.

Article 65 U.K. Amendments to Decision 2008/633/JHA

Decision 2008/633/JHA is amended as follows:

(1)

in Article 5, the following paragraph is inserted:

‘1a. In cases where the designated authorities have launched a query of the common identity repository (CIR) in accordance with Article 22 of Regulation (EU) 2019/817 of the European Parliament and of the Council(12), and where the conditions for access laid down in this Article are met, they may access the VIS for consultation where the reply received as referred to in Article 22(2) of that Regulation reveals that data are stored in the VIS.’;

(2)

in Article 7, the following paragraph is inserted:

‘1a. In cases where Europol has launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, and where the conditions for access laid down in this Article are met, Europol may access the VIS for consultation where the reply received as referred to in Article 22(2) of that Regulation reveals that data are stored in the VIS.’.

(1)

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).’;

(2)

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).’.

(3)

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).’;

(4)

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).’;

(5)

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).

(6)

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 (OJ L 135, 22.5.2019, p. 85).’;

(7)

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 (OJ L 312, 7.12.2018, p. 14).

(8)

Regulation (EU) 2018/1862 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 police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).

(9)

Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1).’;

(10)

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).’;

(11)

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).’.

(12)

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).’;