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Regulation (EU) 2019/818 of the European Parliament and of the CouncilShow full title

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

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Article 60U.K.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(1);

(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..

(1)

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).’.

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