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
CHAPTER I General provisions
Article 1
Subject matter
This Regulation, together with Regulation (EU) 2019/817 of the European Parliament and of the Council ([^E0001]), establishes a framework to ensure interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), the European Travel Information and Authorisation System (ETIAS), Eurodac, the Schengen Information System (SIS), and the European Criminal Records Information System for third-country nationals (ECRIS-TCN).
The framework shall include the following interoperability components:
- (a) a European search portal (ESP);
- (b) a shared biometric matching service (shared BMS);
- (c) a common identity repository (CIR);
- (d) a multiple-identity detector (MID).
This Regulation also lays down provisions on data quality requirements, on a universal message format (UMF), on a central repository for reporting and statistics (CRRS) and on the responsibilities of the Member States and of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), with respect to the design, development and operation of the interoperability components.
This Regulation also adapts the procedures and conditions for the designated authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) to access the EES, VIS, ETIAS and Eurodac for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
This Regulation also lays down a framework for verifying the identity of persons and for identifying persons.
Article 2
Objectives
By ensuring interoperability, this Regulation has the following objectives:
- (a) to improve the effectiveness and efficiency of border checks at external borders;
- (b) to contribute to the prevention and the combating of illegal immigration;
- (c) to contribute to a high level of security within the area of freedom, security and justice of the Union including the maintenance of public security and public policy and safeguarding security in the territories of the Member States;
- (d) to improve the implementation of the common visa policy;
- (e) to assist in the examination of applications for international protection;
- (f) to contribute to the prevention, detection and investigation of terrorist offences and of other serious criminal offences;
- (g) to facilitate the identification of unknown persons who are unable to identify themselves or unidentified human remains in case of a natural disaster, accident or terrorist attack.
The objectives referred to in paragraph 1 shall be achieved by:
- (a) ensuring the correct identification of persons;
- (b) contributing to combating identity fraud;
- (c) improving data quality and harmonising the quality requirements for the data stored in the EU information systems while respecting the data processing requirements of the legal instruments governing the individual systems, data protection standards and principles;
- (d) facilitating and supporting technical and operational implementation by Member States of EU information systems;
- (e) strengthening, simplifying and making more uniform the data security and data protection conditions that govern the respective EU information systems, without affecting the special protection and safeguards afforded to certain categories of data;
- (f) streamlining the conditions for designated authorities' access to the EES, VIS, ETIAS and Eurodac, while ensuring necessary and proportionate conditions for that access;
- (g) supporting the purposes of the EES, VIS, ETIAS, Eurodac, SIS and ECRIS-TCN.
Article 3
Scope
This Regulation applies to Eurodac, SIS and ECRIS-TCN.
This Regulation also applies to Europol data to the extent of enabling them to be queried simultaneously with the EU information systems referred to in paragraph 1.
This Regulation applies to persons in respect of whom personal data may be processed in the EU information systems referred to in paragraph 1 and in the Europol data referred to in paragraph 2.
Article 4
Definitions
For the purposes of this Regulation, the following definitions apply:
- (1) ‘external borders’ means external borders as defined in point (2) of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council ([^E0002]);
- (2) ‘border checks’ means border checks as defined in point (11) of Article 2 of Regulation (EU) 2016/399;
- (3) ‘border authority’ means the border guard assigned in accordance with national law to carry out border checks;
- (4) ‘supervisory authorities’ means the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 and the supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680;
- (5) ‘verification’ means the process of comparing sets of data to establish the validity of a claimed identity (one-to-one check);
- (6) ‘identification’ means the process of determining a person's identity through a database search against multiple sets of data (one-to-many check);
- (7) ‘alphanumeric data’ means data represented by letters, digits, special characters, spaces and punctuation marks;
- (8) ‘identity data’ means the data referred to in Article 27(3)(a) and (b);
- (9) ‘fingerprint data’ means fingerprint images and images of fingerprint latents, which due to their unique character and the reference points contained therein enable accurate and conclusive comparisons on a person's identity;
- (10) ‘facial image’ means digital images of the face;
- (11) ‘biometric data’ means fingerprint data or facial images or both;
- (12) ‘biometric template’ means a mathematical representation obtained by feature extraction from biometric data limited to the characteristics necessary to perform identifications and verifications;
- (13) ‘travel document’ means a passport or other equivalent document entitling the holder to cross the external borders and to which a visa can be affixed;
- (14) ‘travel document data’ means the type, number and country of issuance of the travel document, the date of expiry of the validity of the travel document and the three-letter code of the country issuing the travel document;
- (15) ‘EU information systems’ means the EES, VIS, ETIAS, Eurodac, SIS and ECRIS-TCN;
- (16) ‘Europol data’ means personal data processed by Europol for the purpose referred to in Article 18(2)(a), (b) and (c) of Regulation (EU) 2016/794;
- (17) ‘Interpol databases’ means the Interpol Stolen and Lost Travel Document database (SLTD database) and the Interpol Travel Documents Associated with Notices database (TDAWN database);
- (18) ‘match’ means the existence of a correspondence as a result of an automated comparison between personal data recorded or being recorded in an information system or database;
- (19) ‘police authority’ means the competent authority as defined in point (7) of Article 3 of Directive (EU) 2016/680;
- (20) ‘designated authorities’ means the Member States’ designated authorities within the meaning of Article 5 of Regulation (EU) 2024/1358 of the European Parliament and of the Council ([^E0003]), Article 3(1), point (26), of Regulation (EU) 2017/2226 of the European Parliament and the Council ([^E0004]), Article 4, point (3a), of Regulation (EC) No 767/2008, and Article 3(1), point (21), of Regulation (EU) 2018/1240 of the European Parliament and of the Council ([^E0005]);
- (21) ‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council ([^E0006]);
- (22) ‘serious criminal offence’ means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA ([^E0007]), if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;
- (23) ‘Entry/Exit System’ or ‘EES’ means the Entry/Exit System established by Regulation (EU) 2017/2226;
- (24) ‘Visa Information System’ or ‘VIS’ means the Visa Information System established by Regulation (EC) No 767/2008 of the European Parliament and of the Council ([^E0008]);
- (25) ‘European Travel Information and Authorisation System’ or ‘ETIAS’ means the European Travel Information and Authorisation System established by Regulation (EU) 2018/1240;
- (26) ‘Eurodac’ means Eurodac established by Regulation (EU) No 603/2013 of the European Parliament and of the Council ([^E0009]);
- (27) ‘Schengen Information System’ or ‘SIS’ means the Schengen Information System established by Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862;
- (28) ‘ECRIS-TCN’ means the centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons established by Regulation (EU) 2019/816.
Article 5
Non-discrimination and fundamental rights
Processing of personal data for the purposes of this Regulation shall not result in discrimination against persons on any grounds such as gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity and fundamental rights, including the right to respect for one's private life and to the protection of personal data. Particular attention shall be paid to children, the elderly, persons with a disability and persons in need of international protection. The best interests of the child shall be a primary consideration.
CHAPTER II European search portal
Article 6
European search portal
A European search portal (ESP)is established for the purposes of facilitating the fast, seamless, efficient, systematic and controlled access of Member State authorities and Union agencies to the EU information systems, to Europol data and to the Interpol databases for the performance of their tasks and in accordance with their access rights and the objectives and purposes of the EES, VIS, ETIAS, Eurodac, SIS and ECRIS-TCN.
The ESP shall be composed of:
- (a) a central infrastructure, including a search portal enabling the simultaneous querying of the EES, VIS, ETIAS, Eurodac, SIS, ECRIS-TCN as well as of Europol data and the Interpol databases;
- (b) a secure communication channel between the ESP, Member States and Union agencies that are entitled to use the ESP;
- (c) a secure communication infrastructure between the ESP and the EES, VIS, ETIAS, Eurodac, Central SIS, ECRIS-TCN, Europol data and the Interpol databases as well as between the ESP and the central infrastructures of the CIR and the MID;
- (d) a secure communication infrastructure between the ESP and the router established by Regulation (EU) 2024/982 of the European Parliament and of the Council ([^E0010]).
eu-LISA shall develop the ESP and ensure its technical management.
Article 7
Use of the European search portal
The use of the ESP shall be reserved to the Member State authorities and Union agencies having access, to at least one of the EU information systems in accordance with the legal instruments governing those EU information systems, to the CIR and the MID in accordance with this Regulation, to Europol data in accordance with Regulation (EU) 2016/794 or to the Interpol databases in accordance with Union or national law governing such access.
Those Member State authorities and Union agencies may make use of the ESP and the data provided by it only for the objectives and purposes laid down in the legal instruments governing those EU information systems, in Regulation (EU) 2016/794 and in this Regulation.
The Member State authorities and Union agencies referred to in paragraph 1 shall use the ESP to search data related to persons or their travel documents in the central systems of Eurodac and ECRIS-TCN in accordance with their access rights as referred to in the legal instruments governing those EU information systems and in national law. They shall also use the ESP to query the CIR in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.
The Member State authorities referred to in paragraph 1 may use the ESP to search data related to persons or their travel documents in the Central-SIS referred to in Regulation (EU) 2018/1862.
Where provided for under Union law, the Union agencies referred to in paragraph 1 shall use the ESP to search data related to persons or their travel documents in the Central-SIS.
The Member State authorities and Union agencies referred to in paragraph 1 may use the ESP to search data related to persons or their travel documents in the Europol data in accordance with their access rights under Union and national law.
Article 8
Profiles for the users of the European search portal
For the purposes of enabling the use of the ESP, eu-LISA shall, in cooperation with Member States, create a profile based on each category of ESP user and on the purposes of the queries, in accordance with the technical details and access rights referred to in paragraph 2. Each profile shall, in accordance with Union and national law, comprise the following information:
- (a) the fields of data to be used for querying;
- (b) the EU information systems, Europol data and the Interpol databases that are to be queried, those that can be queried and those that are to provide a reply to the user;
- (c) the specific data in the EU information systems, Europol data and the Interpol databases that may be queried;
- (d) the categories of data that may be provided in each reply.
The Commission shall adopt implementing acts to specify the technical details of the profiles referred to in paragraph 1 in accordance with the ESP users' access rights under the legal instruments governing the EU information systems and under national law. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).
The profiles referred to in paragraph 1 shall be reviewed regularly by eu-LISA in cooperation with Member States, at least once per year, and if necessary updated.
Article 9
Queries
The ESP users shall launch a query by submitting alphanumeric or biometric data to the ESP. Where a query has been launched, the ESP shall query the EES, ETIAS, VIS, SIS, Eurodac, ECRIS-TCN, the CIR, Europol data and the Interpol databases simultaneously with the data submitted by the user and in accordance with the user profile.
The categories of data used to launch a query via the ESP shall correspond to the categories of data related to persons or travel documents that may be used to query the various EU information systems, Europol data and the Interpol databases in accordance with the legal instruments governing them.
eu-LISA, in cooperation with Member States, shall implement an interface control document based on the UMF referred to in Article 38 for the ESP.
When a query is launched by an ESP user, the EES, ETIAS, VIS, SIS, Eurodac, ECRIS-TCN, the CIR, the MID, the Europol data and the Interpol databases shall in reply to the query provide the data that they hold.
Without prejudice to Article 20, the reply provided by the ESP shall indicate to which EU information system or database the data belong.
The ESP shall provide no information regarding data in EU information systems, Europol data and the Interpol databases to which the user has no access under the applicable Union and national law.
Any queries of the Interpol databases launched via the ESP shall be performed in such a way that no information shall be revealed to the owner of the Interpol alert.
The ESP shall provide replies to the user as soon as data are available from one of the EU information systems, Europol data or Interpol databases. Those replies shall contain only the data to which the user has access under Union and national law.
The Commission shall adopt an implementing act to specify the technical procedure for the ESP to query the EU information systems, Europol data and Interpol databases and the format of the ESP replies. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 70(2).
Article 10
Keeping of logs
Without prejudice to Article 51 of Regulation (EU) 2024/1358, Articles 12 and 18 of Regulation (EU) 2018/1862, Article 31 of Regulation (EU) 2019/816 and Article 40 of Regulation (EU) 2016/794, eu-LISA shall keep logs of all data processing operations within the ESP. Those logs shall include, in particular, the following:
- (a) the Member State or Union agency launching the query and the ESP profile used;
- (b) the date and time of the query;
- (c) the EU information systems and the Europol data queried.
Each Member State shall keep logs of queries that its authorities and the staff of those authorities duly authorised to use the ESP make. Each Union agency shall keep logs of queries that its duly authorised staff make.
The logs referred to in paragraphs 1 and 2 may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security and integrity. Those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
Article 11
Fall-back procedures in case of technical impossibility to use the European search portal
Where it is technically impossible to use the ESP to query one or several EU information systems or the CIR, because of a failure of the ESP, the ESP users shall be notified in an automated manner by eu-LISA.
Where it is technically impossible to use the ESP to query one or several EU information systems or the CIR, because of a failure of the national infrastructure in a Member State, that Member State shall notify eu-LISA and the Commission in an automated manner.
In the cases referred to in paragraphs 1 or 2 of this Article, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States shall access the EU information systems or the CIR directly where they are required to do so under Union or national law.
Where it is technically impossible to use the ESP to query one or several EU information systems or the CIR, because of a failure of the infrastructure of a Union agency, that agency shall notify eu-LISA and the Commission in an automated manner.
CHAPTER III Shared biometric matching service
Article 12
Shared biometric matching service
A shared biometric matching service (shared BMS) storing biometric templates obtained from the biometric data referred to in Article 13, that are stored in the CIR and SIS and enabling querying with biometric data across several EU information systems is established for the purposes of supporting the CIR and the MID and the objectives of the EES, VIS, Eurodac, SIS and ECRIS-TCN.
The shared BMS shall be composed of:
- (a) a central infrastructure, which shall replace the central systems of the EES, VIS, SIS, Eurodac and ECRIS-TCN respectively, to the extent that it shall store biometric templates and allow searches with biometric data;
- (b) a secure communication infrastructure between the shared BMS, Central SIS and the CIR.
eu-LISA shall develop the shared BMS and ensure its technical management.
Article 13
Storing biometric templates in the shared biometric matching service
The shared BMS shall store the biometric templates, which it shall obtain from the following biometric data:
- (a) the data referred to in Article 20(3)(w) and (y), excluding data on palm prints, of Regulation (EU) 2018/1862;
- (b) the data referred to in Article 5(1), point (b), and Article 5(3) of Regulation (EU) 2019/816;
- (c) the data referred to in Article 17(1), points (a) and (b), Article 19(1), points (a) and (b), Article 21 (1) points (a) and (b), Article 22(2), points (a) and (b), Article 23(2), points (a) and (b), Article 24(2), points (a) and (b) and Article 26(2), points (a) and (b) of Regulation (EU) 2024/1358.
The biometric templates shall be stored in the shared BMS in logically separated form according to the EU information system from which the data originate.
For each set of data referred to in paragraph 1, the shared BMS shall include in each biometric template a reference to the EU information systems in which the corresponding biometric data are stored and a reference to the actual records in those EU information systems.
Biometric templates shall only be entered in the shared BMS following an automated quality check of the biometric data added to one of the EU information systems performed by the shared BMS to ascertain the fulfilment of a minimum data quality standard.
The storage of the data referred to in paragraph 1 shall meet the quality standards referred to in Article 37(2).
The Commission shall lay down, by means of an implementing act, the performance requirements and practical arrangements for monitoring the performance of the shared BMS in order to ensure that the effectiveness of biometric searches respect time-critical procedures such as border checks and identifications. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 70(2).
Article 14
Searching biometric data with the shared biometric matching service
In order to search the biometric data stored within the CIR and SIS, the CIR and SIS shall use the biometric templates stored in the shared BMS. Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1860, (EU) 2018/1861, (EU) 2018/1862, (EU) 2019/816 and (EU) 2024/1358.
Article 15
Data retention in the shared biometric matching service
The data referred to in Article 13(1) and (2) shall be stored in the shared BMS only for as long as the corresponding biometric data are stored in the CIR or SIS. The data shall be erased from the shared BMS in an automated manner.
Article 16
Keeping of logs
Without prejudice to Article 51 of Regulation (EU) 2024/1358, Articles 12 and 18 of Regulation (EU) 2018/1862 and Article 31 of Regulation (EU) 2019/816, eu-LISA shall keep logs of all data processing operations within the shared BMS. Those logs shall include the following:
- (a) the Member State or Union agency launching the query;
- (b) the history of the creation and storage of biometric templates;
- (c) the EU information systems queried with the biometric templates stored in the shared BMS;
- (d) the date and time of the query;
- (e) the type of biometric data used to launch the query;
- (f) the results of the query and date and time of the result.
Each Member State shall keep logs of queries that its authorities and the staff of those authorities duly authorised to use the shared BMS make. Each Union agency shall keep logs of queries that its duly authorised staff make.
The logs referred to in paragraphs 1 and 2 may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security and integrity. Those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
CHAPTER IV Common identity repository
Article 17
Common identity repository
A CIR, creating an individual file for each person that is registered in the EES, VIS, ETIAS, Eurodac or ECRIS-TCN containing the data referred to in Article 18, is established for the purposes of facilitating and assisting in the correct identification or verification of identity of persons registered in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in accordance with Articles 20 and 20a, of supporting the functioning of the MID in accordance with Article 21 and of facilitating and streamlining access by designated authorities and Europol to the EES, VIS, ETIAS and Eurodac, where necessary for the prevention, detection or investigation of terrorist offences or other serious criminal offences in accordance with Article 22.
The CIR shall be composed of:
- (a) a central infrastructure that shall replace the central systems of respectively the EES, VIS, ETIAS, Eurodac and ECRIS-TCN to the extent that it shall store the data referred to in Article 18;
- (b) a secure communication channel between the CIR, Member States and Union agencies that are entitled to use the CIR in accordance with Union and national law;
- (c) a secure communication infrastructure between the CIR and the EES, VIS, ETIAS, Eurodac and ECRIS-TCN as well as with the central infrastructures of the ESP, the shared BMS and the MID.
eu-LISA shall develop the CIR and ensure its technical management.
Where it is technically impossible because of a failure of the CIR to query the CIR for the purposes of identifying a person pursuant to Article 20 or of identifying or verifying the identity of a person pursuant to Article 20a, for the detection of multiple identities pursuant to Article 21 or for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences pursuant to Article 22, the CIR users shall be notified by eu-LISA in an automated manner.
eu-LISA, in cooperation with Member States, shall implement an interface control document based on the UMF referred to in Article 38 for the CIR.
Article 18
The common identity repository data
The CIR shall store the following data, logically separated according to the information system from which the data have originated:
- (a) the data referred to in Article 17(1), points (a) to (f), (h) and (i), Article 19(1) points (a) to (f), (h) and (i), Article 21(1) points (a) to (f), (h) and (i), Article 22(2), points (a) to (f), (h) and (i), Article 23(2), points (a) to (f), (h) and (i), Article 24(2), points (a) to (f) and (h), Article 24(3), point (a), and Article 26(2), points (a) to (f), (h) and (i), of Regulation (EU) 2024/1358;
- (b) the data referred to in Article 5(1), point (b), and Article 5(3) of Regulation (EU) 2019/816 and the following data listed in Article 5(1), point (a) of that Regulation: 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, as well as, where available, information on travel documents.
1a. For the purposes of Articles 9a and 22b of Regulation (EC) No 767/2008, the CIR shall also store, logically separated from the data referred to in paragraph 1 of this Article, the data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816. The data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816 shall be accessible only in the manner referred to in Article 5(7) of that Regulation.
1b. For the purpose of Article 20 of Regulation (EU) 2018/1240, the CIR shall also store, logically separated from the data referred to in paragraph 1 of this Article, the data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816. The data referred to in point (c) of Article 5(1) of Regulation (EU) 2019/816 shall be accessible only in the manner referred to in Article 5(7) of that Regulation.
For each set of data referred to in paragraph 1, the CIR shall include a reference to the EU information systems to which the data belong.
The authorities accessing the CIR shall do so in accordance with their access rights under the legal instruments governing the EU information systems and under national law and in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.
For each set of data referred to in paragraph 1, the CIR shall include a reference to the actual record in the EU information systems to which the data belong.
The storage of the data referred to in paragraph 1 shall meet the quality standards referred to in Article 37(2).
Article 19
Adding, amending and deleting data in the common identity repository
Where data are added, amended or deleted in Eurodac or ECRIS-TCN, the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner.
Where a white or red link is created in the MID in accordance with Article 32 or 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.
Article 20
Access to the common identity repository for identification
Queries of the CIR shall be carried out by a police authority in accordance with paragraphs 2 and 5 only in the following circumstances:
- (a) where a police authority is unable to identify a person due to the lack of a travel document or another credible document proving that person's identity;
- (b) where there are doubts about the identity data provided by a person;
- (c) where there are doubts as to the authenticity of the travel document or another credible document provided by a person;
- (d) where there are doubts as to the identity of the holder of a travel document or of another credible document; or
- (e) where a person is unable or refuses to cooperate.
Such queries shall not be allowed against minors under the age of 12 years old, unless in the best interests of the child.
Where one of the circumstances listed in paragraph 1 arises and a police authority has been so empowered by national legislative measures as referred to in paragraph 5, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken live during an identity check, provided that the procedure was initiated in the presence of that person.
Where the query indicates that data on that person are stored in the CIR, the police authority shall have access to consult the data referred to in Article 18(1).
Where the biometric data of the person cannot be used or where the query with that data fails, the query shall be carried out with identity data of the person in combination with travel document data, or with the identity data provided by that person.
Where a police authority has been so empowered by national legislative measures as referred to in paragraph 6, it may, in the event of a natural disaster, an accident or a terrorist attack and solely for the purpose of identifying unknown persons who are unable to identify themselves or unidentified human remains, query the CIR with the biometric data of those persons.
Member States wishing to avail themselves of the possibility provided for in paragraph 2 shall adopt national legislative measures. When doing so, Member States shall take into account the need to avoid any discrimination against third-country nationals. Such legislative measures shall specify the precise purposes of the identification within the purposes referred to in Article 2(1)(b) and (c). They shall designate the competent police authorities and lay down the procedures, conditions and criteria of such checks.
Member States wishing to avail themselves of the possibility provided for in paragraph 4 shall adopt national legislative measures laying down the procedures, conditions and criteria.
Article 20a
Access to the common identity repository for the identification or verification of identity in accordance with Regulation (EU) 2024/1356
Queries of the CIR shall be carried out by the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356 of the European Parliament and of the Council ([^E0011]), solely for the purpose of identifying or verifying the identity of a person in accordance with Article 14 of that Regulation, provided that the process was initiated in the presence of that person.
Where the query indicates that data on that person are stored in the CIR, the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356, shall have access to consult the data referred to in Article 18(1) of this Regulation as well as the data referred to in Article 18(1) of Regulation (EU) 2019/817 of the European Parliament and the Council.
Article 21
Access to the common identity repository for the detection of multiple identities
Where a query of the CIR results in a yellow link in accordance with Article 28(4), the authority responsible for the manual verification of different identities in accordance with Article 29 shall have access, solely for the purpose of that verification, to the data referred to in Article 18(1) and (2) stored in the CIR connected by a yellow link.
Where a query of the CIR results in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of combating identity fraud, to the data referred to in Article 18(1) and (2) stored in the CIR connected by a red link.
Article 22
Querying the common identity repository for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences
In a specific case, where there are reasonable grounds to believe that consultation of EU information systems will contribute to the prevention, detection or investigation of terrorist offences or other serious criminal offences, in particular where there is a suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offences is a person whose data are stored in Eurodac, the designated authorities and Europol may consult the CIR in order to obtain information on whether data on a specific person are present in Eurodac.
Where, in reply to a query the CIR indicates that data on that person are present in Eurodac, the CIR shall provide to designated authorities and Europol a reply in the form of a reference as referred to in Article 18(2) indicating that Eurodac contains matching data. The CIR shall reply in such a way that the security of the data is not compromised.
The reply indicating that data on that person are present in Eurodac shall be used only for the purposes of submitting a request for full access subject to the conditions and procedures laid down in the legal instrument governing such access.
In the event of a match or multiple matches, the designated authority or Europol shall make a request for full access to at least one of the information systems from which a match was generated.
Where exceptionally, such full access is not requested, the designated authorities shall record the justification for not making the request, which shall be traceable to the national file. Europol shall record the justification in the relevant file.
Full access to the data contained in Eurodac for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences remains subject to the conditions and procedures laid down in the legal instrument governing such access.
Article 23
Data retention in the common identity repository
The data referred to in Article 18(1), (2) and 4) shall be deleted from the CIR in an automated manner in accordance with the data retention provisions of Regulation (EU) 2024/1358 and of Regulation (EU) 2019/816.
The individual file shall be stored in the CIR only for as long as the corresponding data are stored in at least one of the EU information systems whose data are contained in the CIR. The creation of a link shall not affect the retention period of each item of the linked data.
Article 24
Keeping of logs
Without prejudice to Article 51 of Regulation (EU) 2024/1358 and Article 29 of Regulation (EU) 2019/816, eu-LISA shall keep logs of all data processing operations within the CIR in accordance with paragraphs 2, 3 and 4 of this Article.
eu-LISA shall keep logs of all data processing operations pursuant to Article 20 in the CIR. Those logs shall include the following:
- (a) the Member State or Union agency launching the query;
- (b) the purpose of access of the user querying via the CIR;
- (c) the date and time of the query;
- (d) the type of data used to launch the query;
- (e) the results of the query.
2a. eu-LISA shall keep logs of all data processing operations pursuant to Article 20a in the CIR. Those logs shall include the following:
- (a) the Member State launching the query;
- (b) the purpose of access of the user querying via the CIR;
- (c) the date and time of the query;
- (d) the type of data used to launch the query;
- (e) the results of the query.
eu-LISA shall keep logs of all data processing operations pursuant to Article 21 in the CIR. Those logs shall include the following:
- (a) the Member State or Union agency launching the query;
- (b) the purpose of access of the user querying via the CIR;
- (c) the date and time of the query;
- (d) where a link is created, the data used to launch the query and the results of the query indicating the EU information system from which the data were received.
eu-LISA shall keep logs of all data processing operations pursuant to Article 22 in the CIR. Those logs shall include the following:
- (a) the date and time of the query;
- (b) the data used to launch the query;
- (c) the results of the query;
- (d) the Member State or Union agency querying the CIR.
The logs of such access shall be regularly verified by the competent supervisory authority in accordance with Article 41 of Directive (EU) 2016/680 or by the European Data Protection Supervisor in accordance with Article 43 of Regulation (EU) 2016/794, at intervals not exceeding six months, to verify whether the procedures and conditions set out in Article 22(1) and (2) of this Regulation are fulfilled.
Each Member State shall keep logs of queries that its authorities and the staff of those authorities duly authorised to use the CIR make pursuant to Articles 20, 20a, 21 and 22. Each Union agency shall keep logs of queries that its duly authorised staff make pursuant to Articles 21 and 22.
In addition, for any access to the CIR pursuant to Article 22, each Member State shall keep the following logs:
- (a) the national file reference;
- (b) the purpose of access;
- (c) in accordance with national rules, the unique user identity of the official who carried out the query and of the official who ordered the query.
In accordance with Regulation (EU) 2016/794, for any access to the CIR pursuant to Article 22 of this Regulation, Europol shall keep logs of the unique user identity of the official who carried out the query and of the official who ordered the query.
The logs referred to in paragraphs 2 to 6 may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security and integrity. Those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
eu-LISA shall store the logs related to the history of the data, in individual files. eu-LISA shall erase such logs in an automated manner, once the data are erased.
CHAPTER V Multiple-identity detector
Article 25
Multiple-identity detector
A multiple-identity detector (MID) creating and storing identity confirmation files as referred to in Article 34, containing links between data in the EU information systems included in the CIR and SIS and allowing detection of multiple identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, VIS, ETIAS, Eurodac, SIS and ECRIS-TCN.
The MID shall be composed of:
- (a) a central infrastructure, storing links and references to EU information systems;
- (b) a secure communication infrastructure to connect the MID with SIS and the central infrastructures of the ESP and the CIR.
eu-LISA shall develop the MID and ensure its technical management.
Article 26
Access to the multiple-identity detector
For the purposes of the manual verification of different identities referred to in Article 29, access to the data referred to in Article 34 stored in the MID shall be granted to:
- (a) the SIRENE Bureau of the Member State creating or updating an alert in accordance with Regulation (EU) 2018/1862;
- (b) the central authorities of the convicting Member State when recording or modifying data in ECRIS-TCN in accordance with Article 5 or 9 of Regulation (EU) 2019/816;
- (c) the authorities competent to collect the data provided for in Chapter II of Regulation (EU) 2024/1358 when transmitting data to Eurodac;
- (d) the authorities competent to collect the data provided for in Chapter III of Regulation (EU) 2024/1358 when transmitting data to Eurodac;
- (e) the authorities competent to collect the data provided for in Chapter IV of Regulation (EU) 2024/1358 when transmitting data to Eurodac;
- (f) the authorities competent to collect the data provided for in Chapter V of Regulation (EU) 2024/1358 when transmitting data to Eurodac;
- (g) the authorities competent to collect the data provided for in Chapter VI of Regulation (EU) 2024/1358 when transmitting data to Eurodac;
- (h) the authorities competent to collect the data provided for in Chapter VIII of Regulation (EU) 2024/1358 when transmitting data to Eurodac.
Member State authorities and Union agencies having access to at least one EU information system included in the CIR or to SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links referred to in Article 32.
Member State authorities and Union agencies shall have access to the white links referred to in Article 33 where they have access to the two EU information systems containing data between which the white link was created.
Member State authorities and Union agencies shall have access to the green links referred to in Article 31 where they have access to the two EU information systems containing data between which the green link was created and a query of those information systems has revealed a match with the two sets of linked data.
Article 27
Multiple-identity detection
Multiple-identity detection in the CIR and SIS shall be launched where:
- (a) an alert on a person is created or updated in SIS in accordance with Chapters VI to IX of Regulation (EU) 2018/1862;
- (b) a data record is created or modified in ECRIS-TCN in accordance with Article 5 or 9 of Regulation (EU) 2019/816;
- (c) a dataset is transmitted to Eurodac in accordance with Articles 17, 19, 21, 22, 23, 24 or 26 of Regulation (EU) 2024/1358.
Where the data contained within an EU information system referred to in paragraph 1 contains biometric data, the CIR and Central SIS shall use the shared BMS in order to perform multiple-identity detection. The shared BMS shall compare the biometric templates obtained from any new biometric data to the biometric templates already contained in the shared BMS in order to verify whether data belonging to the same person are already stored in the CIR or in Central-SIS.
In addition to the process referred to in paragraph 2, the CIR and Central SIS shall use the ESP to search the data stored in Central-SIS and the CIR respectively using the following data:
- (a) surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held as referred to in Article 20(3) of Regulation (EU) 2018/1862;
- (b) surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities and gender as referred to in Article 5(1)(a) of Regulation (EU) 2019/816;
- (c) surname(s); forename(s); name(s) at birth, previously used names and aliases; date of birth, place of birth, nationality(ies) and sex as referred to in Articles 17, 19, 21, 22, 23, 24 and 26 of Regulation (EU) 2024/1358.
In addition to the process referred to in paragraphs 2 and 3, the CIR and Central SIS shall use the ESP to search the data stored in Central SIS and the CIR respectively using travel document data.
The multiple-identity detection shall only be launched in order to compare data available in one EU information system with data available in other EU information systems.
Article 28
Results of the multiple-identity detection
Where the queries referred to in Article 27(2), (3) and (4) do not report any match, the procedures referred to in Article 27(1) shall continue in accordance with the legal instruments governing them.
Where the query laid down in Article 27(2), (3) and (4) reports one or several matches, the CIR and, where relevant, SIS shall create a link between the data used to launch the query and the data triggering the match.
Where several matches are reported, a link shall be created between all data triggering the match. Where the data were already linked, the existing link shall be extended to the data used to launch the query.
Where the query referred to in Article 27(2), (3) and (4) reports one or several matches and the identity data of the linked files are the same or similar, a white link shall be created in accordance with Article 33.
Where the query referred to in Article 27(2), (3) and (4) reports one or several match(es) and the identity data of 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.
The Commission shall adopt delegated acts in accordance with Article 69 laying down the procedures to determine the cases in which identity data can be considered to be the same or similar.
The links shall be stored in the identity confirmation file referred to in Article 34.
The Commission shall, in cooperation with eu-LISA, lay down the technical rules for creating links between data from different EU information systems, by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).
Article 29
Manual verification of different identities and the authorities responsible
Without prejudice to paragraph 2, the authority responsible for manual verification of different identities shall be:
- (a) the SIRENE Bureau of the Member State for matches that occurred when creating or updating a SIS alert in accordance with Regulation (EU) 2018/1862;
- (b) the central authorities of the convicting Member State for matches that occurred when recording or modifying data in ECRIS-TCN in accordance with Article 5 or 9 of Regulation (EU) 2019/816;
- (c) the authorities competent to collect the data provided for in Chapter II of Regulation (EU) 2024/1358 when transmitting data to Eurodac for matches that occurred when transmitting such data;
- (d) the authorities competent to collect the data provided for in Chapter III of Regulation (EU) 2024/1358 when transmitting data to Eurodac for matches that occurred when transmitting such data;
- (e) the authorities competent to collect the data provided for in Chapter IV of Regulation (EU) 2024/1358 for matches that occurred when transmitting such data;
- (f) the authorities competent to collect the data provided for in Chapter V of Regulation (EU) 2024/1358 for matches that occurred when transmitting such data;
- (g) the authorities competent to collect the data provided for in Chapter VI of Regulation (EU) 2024/1358 when transmitting data to Eurodac for matches that occurred when transmitting such data;
- (h) the authorities competent to collect the data provided for in Chapter VIII of Regulation (EU) 2024/1358 when transmitting data to Eurodac for matches that occurred when transmitting such data.
The MID shall indicate the authority responsible for the manual verification of different identities in the identity confirmation file.
The authority responsible for the manual verification of different identities in the identity confirmation file shall be the SIRENE Bureau of the Member State that created the alert where a link is created to data contained in an alert:
- (a) in respect of persons wanted for arrest for surrender or extradition purposes referred to in Article 26 of Regulation (EU) 2018/1862;
- (b) on missing or vulnerable persons referred to in Article 32 of Regulation (EU) 2018/1862;
- (c) on persons sought to assist with a judicial procedure referred to in Article 34 of Regulation (EU) 2018/1862;
- (d) on persons for discreet checks, inquiry checks or specific checks referred to in Article 36 of Regulation (EU) 2018/1862.
The authority responsible for the manual verification of different identities shall have access to the linked data contained in the relevant identity confirmation file and to the identity data linked in the CIR and, where relevant, in SIS. It shall assess the different identities without delay. Once such assessment is completed, it shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file without delay.
Where more than one link is created, the authority responsible for the manual verification of different identities shall assess each link separately.
Where data reporting a match were already linked, the authority responsible for the manual verification of different identities shall take into account the existing links when assessing the creation of new links.
Article 30
Yellow link
Where manual verification of different identities has not yet taken place, a link between data from two or more EU information systems shall be classified as yellow in any of the following cases:
- (a) the linked data share the same biometric data but have similar or different identity data;
- (b) the linked data have different identity data but share the same travel document data, and at least one of the EU information systems does not contain biometric data on the person concerned;
- (c) the linked data share the same identity data but have different biometric data;
- (d) the linked data have similar or different identity data, and share the same travel document data, but have different biometric data.
Where a link is classified as yellow in accordance with paragraph 1, the procedure laid down in Article 29 applies.
Article 31
Green link
A link between data from two or more EU information systems shall be classified as green where:
- (a) the linked data have different biometric data but share the same identity data and the authority responsible for the manual verification of different identities has concluded that the linked data refer to two different persons;
- (b) the linked data have different biometric data, have similar or different identity data, share the same travel document data and the authority responsible for the manual verification of different identities has concluded that the linked data refer to two different persons;
- (c) the linked data have different identity data but share the same travel document data, at least one of the EU information systems does not contain biometric data on the person concerned and the authority responsible for the manual verification of different identities has concluded that the linked data refer to two different persons.
Where the CIR or SIS are queried and where a green link exists between data in two or more of the EU information systems, the MID shall indicate that the identity data of the linked data do not correspond to the same person.
If a Member State authority has evidence to suggest that a green link has been incorrectly recorded in the MID, that a green link is out of date or that data were processed in the MID or the EU information systems in breach of this Regulation, it shall check the relevant data stored in the CIR and SIS and shall, if necessary, rectify or erase the link from the MID without delay. That Member State authority shall inform the Member State responsible for the manual verification of different identities without delay.
Article 32
Red link
A link between data from two or more EU information systems shall be classified as red in any of the following cases:
- (a) the linked data share the same biometric data but have similar or different identity data and the authority responsible for the manual verification of different identities has concluded that the linked data refer to the same person in an unjustified manner;
- (b) the linked data have the same, similar or different identity data and the same travel document data, but different biometric data and the authority responsible for the manual verification of different identities has concluded that the linked data refer to two different persons, at least one of whom is using the same travel document in an unjustified manner;
- (c) the linked data share the same identity data, but have different biometric data and different or no travel document data and the authority responsible for the manual verification of different identities has concluded that the linked datarefer to two different persons in an unjustified manner;
- (d) the linked data have different identity data, but share the same travel document data, at least one of the EU information systems does not contain biometric data on the person concerned and the authority responsible for the manual verification of different identities has concluded that the linked datarefer to the same person in an unjustified manner.
Where the CIR or SIS are queried and where a red link exists between data in two or more of the EU information systems, the MID shall indicate the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law, with any legal consequence for the person concerned being based only on the relevant data on that person. No legal consequence for the person concerned shall derive solely from the existence of a red link.
Where a red link is created between data in the EES, VIS, ETIAS, Eurodac or ECRIS-TCN, the individual file stored in the CIR shall be updated in accordance with Article 19(2).
Without prejudice to the provisions related to the handling of alerts in SIS contained in Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862, and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that no national investigation will be jeopardised, where a red link is created, the authority responsible for the manual verification of different identities shall inform the person concerned of the presence of multiple unlawful identity data and shall provide the person with the single identification number referred to in Article 34(c) of this Regulation, a reference to the authority responsible for the manual verification of different identities referred to in Article 34(d) of this Regulation and the website address of the web portal established in accordance with Article 49 of this Regulation.
The information referred to in paragraph 4 shall be provided in writing by means of a standard form by the authority responsible for the manual verification of different identities. The Commission shall determine the content and presentation of that form by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).
Where a red link is created, the MID shall notify the authorities responsible for the linked data in an automated manner.
If a Member State authority or Union agency having access to the CIR or SIS has evidence to suggest that a red link has been incorrectly recorded in the MID or that data were processed in the MID, the CIR or SIS in breach of this Regulation, that authority or agency shall check the relevant data stored in the CIR and SIS and shall:
- (a) where the link relates to one of the SIS alerts referred to in Article 29(2), immediately inform the relevant SIRENE Bureau of the Member State that created the SIS alert;.
- (b) in all other cases, either rectify or erase the link from the MID immediately.
If a SIRENE Bureau is contacted pursuant to point (a) of the first subparagraph, it shall verify the evidence provided by the Member State authority or the Union agency and where relevant rectify or erase the link from the MID immediately.
The Member State authority obtaining the evidence shall inform the Member State authority responsible for the manual verification of different identities without delay of any relevant rectification or erasure of a red link.
Article 33
White link
A link between data from two or more EU information systems shall be classified as white in any of the following cases:
- (a) the linked data share the same biometric data and the same or similar identity data;
- (b) the linked data share the same or similar identity data, the same travel document data, and at least one of the EU information systems does not have biometric data on the person concerned;
- (c) the linked data shares the same biometric data, the same travel document data and similar identity data;
- (d) the linked data share the same biometric data but have similar or different identity data and the authority responsible for the manual verification of different identities has concluded that linked data refer to the same person in a justified manner.
Where the CIR or SIS are queried and where a white link exists between data in two or more of the EU information systems, the MID shall indicate that the identity data of the linked data correspond to the same person. The queried EU information systems shall reply indicating, where relevant, all the linked data on the person, thereby triggering a match against the data that are linked by the white link, if the authority launching the query has access to the linked data under Union or national law.
Where a white link is created between data in the EES, VIS, ETIAS, Eurodac or ECRIS-TCN, the individual file stored in the CIR shall be updated in accordance with Article 19(2).
Without prejudice to the provisions related to the handling of alerts in SIS contained to in Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862, and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that no national investigation will be jeopardised, where a white link is created following a manual verification of different identities, the authority responsible for the manual verification of different identities shall inform the person concerned of the presence of similar or different identity data and shall provide the person with the single identification number referred to in Article 34(c) of this Regulation, a reference to the authority responsible for the manual verification of different identities referred to in Article 34(d) of this Regulation and the website address of the web portal established in accordance with Article 49 of this Regulation.
If a Member State authority has evidence to suggest that a white link has been incorrectly recorded in the MID, that a white link is out of date or that data were processed in the MID or the EU information systems in breach of this Regulation, it shall check the relevant data stored in the CIR and SIS and shall, if necessary, rectify or erase the link from the MID without delay. That Member State authority shall inform the Member State responsible for the manual verification of different identities without delay.
The information referred to in paragraph 4 shall be in writing by means of a standard form by the authority responsible for the manual verification of different identities. The Commission shall determine the content and presentation of that form by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).
Article 34
Identity confirmation file
The identity confirmation file shall contain the following data:
- (a) the links referred to in Articles 30 to 33;
- (b) a reference to the EU information systems in which the linked data are held;
- (c) a single identification number allowing retrieval of the linked data from the corresponding EU information systems;
- (d) the authority responsible for the manual verification of different identities;
- (e) the date of creation of the link or of any update to it.
Article 35
Data retention in the multiple-identity detector
The identity confirmation files and the data in them, including the links, shall be stored in the MID only for as long as the linked data are stored in two or more EU information systems. They shall be erased from the MID in an automated manner.
Article 36
Keeping of logs
eu-LISA shall keep logs of all data processing operations in the MID. Those logs shall include the following:
- (a) the Member State launching the query;
- (b) the purpose of user's access;
- (c) the date and time of the query;
- (d) the type of data used to launch the query;
- (e) the reference to the linked data;
- (f) the history of the identity confirmation file.
Each Member State shall keep logs of queries that its authorities and the staff of those authorities duly authorised to use the MID make. Each Union agency shall keep logs of queries that its duly authorised staff make.
The logs referred to in paragraphs 1 and 2 may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security and integrity. Those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the logs.
CHAPTER VI Measures supporting interoperability
Article 37
Data quality
Without prejudice to Member States' responsibilities with regard to the quality of data entered into the systems, eu-LISA shall establish automated data quality control mechanisms and procedures on the data stored in the SIS, Eurodac, ECRIS-TCN, the shared BMS and the CIR.
eu-LISA shall implement mechanisms for evaluating the accuracy of the shared BMS, common data quality indicators and the minimum quality standards for storage of data in the SIS, Eurodac, ECRIS-TCN, the shared BMS and the CIR.
Only data fulfilling the minimum quality standards may be entered in the SIS, Eurodac, ECRIS-TCN, the shared BMS, the CIR and the MID.
eu-LISA shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the Member States. eu-LISA shall also provide a regular report to the Commission covering the issues encountered and the Member States concerned. eu-LISA shall also provide that report to the European Parliament and to the Council upon request. No reports provided under this paragraph shall contain any personal data.
The details of the automated data quality control mechanisms and procedures, the common data quality indicators and the minimum quality standards for storage of data in the SIS, Eurodac, ECRIS-TCN, the shared BMS and the CIR, in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).
One year after the establishment of the automated data quality control mechanisms and procedures, common data quality indicators and the minimum data quality standards, and every year thereafter, the Commission shall evaluate Member States' implementation of data quality and make any necessary recommendations. The Member States shall provide the Commission with an action plan to remedy any deficiencies identified in the evaluation report and, in particular, data quality issues deriving from erroneous data in EU information systems. The Member States shall regularly report to the Commission on any progress against this action plan until it is fully implemented.
The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor, to the European Data Protection Board and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007 ([^E0012]).
Article 38
Universal message format
The universal message format (UMF) standard is hereby established. The UMF defines standards for certain content elements of cross-border information exchange between information systems, authorities or organisations in the field of Justice and Home Affairs.
The UMF standard shall be used in the development of Eurodac, ECRIS-TCN, the ESP, the CIR, the MID and, if appropriate, in the development by eu-LISA or by any other Union agency of new information exchange models and information systems in the area of Justice and Home Affairs.
The Commission shall adopt an implementing act to lay down and develop the UMF standard referred to in paragraph 1 of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 70(2).
Article 39
Central repository for reporting and statistics
A central repository for reporting and statistics (CRRS) is established for the purpose of supporting the objectives of the SIS, Eurodac and ECRIS-TCN, in accordance with the respective legal instruments governing those systems, and to provide cross-system statistical data and analytical reporting for policy, operational and data quality purposes. The CRRS shall also support the objectives of Regulation (EU) 2025/13 of the European Parliament and of the Council ([^E0013]).
eu-LISA shall establish, implement and host in its technical sites the CRRS containing the data and statistics referred to in Article 12 of Regulation (EU) 2024/1358, Article 74 of Regulation (EU) 2018/1862 and Article 32 of Regulation (EU) 2019/816 logically separated by EU information system. Access to the CRRS shall be granted by means of controlled, secured access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in Article 12 of Regulation (EU) 2024/1358, Article 74 of Regulation (EU) 2018/1862 and Article 32 of Regulation (EU) 2019/816.
eu-LISA shall render the data anonymous and shall record such anonymised data in the CRRS. The process for rendering the data anonymous shall be automated.
The data contained in CRRS shall not allow for the identification of individuals.
The CRRS shall be composed of:
- (a) the tools necessary for anonymising data;
- (b) a central infrastructure, consisting of a data repository of anonymous data;
- (c) a secure communication infrastructure to connect the CRRS to the SIS, Eurodac and ECRIS-TCN, as well as the central infrastructures of the shared BMS, the CIR and the MID.
The Commission shall adopt a delegated act in accordance with Article 69 laying down detailed rules on the operation of the CRRS, including specific safeguards for the processing of personal data under paragraphs 2 and 3 of this Article and security rules applicable to the repository.
CHAPTER VII Data protection
Article 40
Data controller
In relation to the processing of data in the shared BMS, the Member State authorities that are controllers for Eurodac, SIS and ECRIS-TCN respectively, shall be controllers in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 or point (8) of Article 3 of Directive (EU) 2016/680 in relation to the biometric templates obtained from the data referred to in Article 13 of this Regulation that they enter into the underlying systems and shall have responsibility for the processing of the biometric templates in the shared BMS.
In relation to the processing of data in the CIR, the Member State authorities that are controllers for Eurodac and ECRIS-TCN respectively, shall be controllers in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 or point (8) of Article 3 of Directive (EU) 2016/680 in relation to data referred to in Article 18 of this Regulation that they enter into the underlying systems and shall have responsibility for the processing of those personal data in the CIR.
In relation to the processing of data in the MID:
- (a) the European Border and Coast Guard Agency shall be a data controller within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 in relation to the processing of personal data by the ETIAS Central Unit;
- (b) the Member State authorities adding or modifying the data in the identity confirmation file shall be controllers in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 or point (8) of Article 3 of Directive (EU) 2016/680 and shall have responsibility for the processing of the personal data in the MID.
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