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

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).

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

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 (²);

(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 State designated authorities as defined in point (3a) of Article 4 of Regulation (EC) No 767/2008, point (26) of Article 3(1) of Regulation (EU) 2017/2226 and point (21) of Article 3(1) of Regulation (EU) 2018/1240;

(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 (³);

(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 (⁴), 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 (⁵);

(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 (⁶);

(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

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 (⁷).

Article 7

Use of the European search portal

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.

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.

Article 9

Queries

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.

Article 10

Keeping of logs

Without prejudice to Articles 12 and 18 of Regulation (EU) 2018/1862, Article 29 of Regulation (EU) 2019/816 and Article 40 of Regulation (EU) 2016/794, eu-LISA shall keep logs of all data processing operations in the ESP. Those logs shall include 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.

Article 11

Fall-back procedures in case of technical impossibility to use the European search portal

CHAPTER III

Shared biometric matching service

Article 12

Shared biometric matching service

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.

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)(b) and (3) of Regulation (EU) 2019/816.

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.

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 and (EU) 2019/816.

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 Articles 12 and 18 of Regulation (EU) 2018/1862 and Article 29 of Regulation (EU) 2019/816, eu-LISA shall keep logs of all data processing operations in 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.

CHAPTER IV

Common identity repository

Article 17

Common identity repository

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.

Article 18

The common identity repository data

Article 19

Adding, amending and deleting data in the common identity repository

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 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.

Article 21

Access to the common identity repository for the detection of multiple identities

Article 22

Querying the common identity repository for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences

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.

Article 23

Data retention in the common identity repository

Article 24

Keeping of logs

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.

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.

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.

CHAPTER V

Multiple-identity detector

Article 25

Multiple-identity detector

The MID shall be composed of:

(a) a central infrastructure, storing links and references to EU information systems;