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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 article 63 CELEX: 02019R0817-20250128 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 (); (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. |
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 article 63 CELEX: 02019R0817-20250128 (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.’; |
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 article 63 CELEX: 02019R0817-20250128 (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.’; |
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 article 63 CELEX: 02019R0817-20250128 (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.’. |