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

Type Regulation
Publication 2019-05-22
Last updated 2026-06-12
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 77
Reform history JSON API
3.

Four years after the start of operations of each interoperability component in accordance with Article 68 and every four years thereafter, eu-LISA shall submit to the European Parliament, to the Council and to the Commission a report on the technical functioning of the interoperability components, including their security.

4.

In addition, one year after each report from eu-LISA, the Commission shall produce an overall evaluation of the interoperability components, including:

  • (a) an assessment of the application of this Regulation;
  • (b) an examination of the results achieved against the objectives of this Regulation and its impact on fundamental rights, including in particular an assessment of the impact of the interoperability components on the right to non-discrimination;
  • (c) an assessment of the functioning of the web portal, including figures regarding the use of the web portal and the number of requests that were resolved;
  • (d) an assessment of the continuing validity of the underlying rationale of the interoperability components;
  • (e) an assessment of the security of the interoperability components;
  • (f) an assessment of the use of the CIR for identification;
  • (g) an assessment of the use of the CIR for preventing, detecting or investigating terrorist offences or other serious criminal offences;
  • (h) an assessment of any practical implications, including any disproportionate impact on the flow of traffic at border crossing points and those with a budgetary impact on the general budget of the Union;
  • (i) an assessment of the search of the Interpol databases via the ESP, including information on the number of matches against Interpol databases and information on any problems encountered.

The overall evaluation under the first subparagraph of this paragraph shall include any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights.

5.

By 12 June 2020 and every year thereafter until the implementing acts of the Commission referred to in Article 68 have been adopted, the Commission shall submit a report to the European Parliament and to the Council on the state of play of preparations for the full implementation of this Regulation. That report shall contain also detailed information about the costs incurred and information as to any risks which may impact the overall costs.

6.

Two years after the start of operations of the MID in accordance with Article 68(4), the Commission shall produce an examination of the impact of the MID on the right to non-discrimination. Following this first report, the examination of the impact of the MID on the right to non-discrimination shall be part of the examination referred to in paragraph 4(b) of this Article.

7.

The Member States and Europol shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 3 to 6. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities.

8.

eu-LISA shall provide the Commission with the information necessary to produce the overall evaluation referred to in paragraph 4.

9.

While respecting the provisions of national law on the publication of sensitive information, and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that no national investigation will be jeopardised, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the CIR for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences, containing information and statistics on:

  • (a) the exact purposes of the consultation including the types of terrorist offences or other serious criminal offences;
  • (b) the reasonable grounds given for a substantiated suspicion that a suspect, perpetrator or victim is covered by Regulation (EU) No 603/2013;
  • (c) the number of requests for access to the CIR for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences;
  • (d) the number and types of cases that have ended in successful identifications;
  • (e) the need and use made of the exceptions for cases of urgency including those cases where that urgency was not accepted by the ex post verification carried out by the central access point.

The annual reports prepared by the Member State and Europol shall be transmitted to the Commission by 30 June of the subsequent year.

10.

A technical solution shall be made available to Member States in order to manage user access requests referred to in Article 22 and to facilitate the collection of the information under paragraphs 7 and 9 of this Article for the purpose of generating reports and statistics referred to in those paragraphs. The Commission shall adopt implementing acts to lay down the specifications of the technical solution. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).

Article 75

Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

The provisions of this Regulation related to the ESP shall apply from the date determined by the Commission in accordance with Article 68(1).

The provisions of this Regulation related to the shared BMS shall apply from the date determined by the Commission in accordance with Article 68(2).

The provisions of this Regulation related to the CIR shall apply from the date determined by the Commission in accordance with Article 68(3).

The provisions of this Regulation related to the MID shall apply from the date determined by the Commission in accordance with Article 68(4).

The provisions of this Regulation related to the automated data quality control mechanisms and procedures, the common data quality indicators and the minimum data quality standards shall apply respectively from the dates determined by the Commission in accordance with Article 68(5).

The provisions of this Regulation related to the CRRS shall apply from the date determined by the Commission in accordance with Article 68(6).

Articles 6, 12, 17, 25, 38, 42, 54, 56, 58, 66, 67, 69, 70, 71, 73 and 74(1) shall apply from 11 June 2019.

This Regulation shall apply in relation to Eurodac from the date the recast of Regulation (EU) No 603/2013 becomes applicable.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

[^E0001]: Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (see page 27 of this Official Journal).

[^E0002]: Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

[^E0003]: Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj);

[^E0004]: Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (EES Regulation) (OJ L 327, 9.12.2017, p. 20).

[^E0005]: Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

[^E0006]: Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

[^E0007]: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

[^E0008]: Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

[^E0009]: Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).

[^E0010]: Regulation (EU) 2024/982 of the European Parliament and of the Council of 13 March 2024 on the automated search and exchange of data for police cooperation, and amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, (EU) No 2019/817 and (EU) 2019/818 of the European Parliament and of the Council (the Prüm II Regulation) (OJ L, 2024/982, 5.4.2024, ELI: http://data.europa.eu/eli/reg/2024/982/oj).

[^E0011]: Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).

[^E0012]: Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).

[^E0013]: Regulation (EU) 2025/13 of the European Parliament and of the Council of 19 December 2024 on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818 (OJ L, 2025/13, 8.1.2025, ELI: http://data.europa.eu/eli/reg/2025/13/oj).

[^E0014]: Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).

[^E0015]: 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).’;

[^E0016]: Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14).

[^E0017]: Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).

[^E0018]: Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1).’;

[^E0019]: 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).’.

[^E0020]: 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).’;

[^E0021]: Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

[^E0022]: Regulation (EU) 2021/1134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System (OJ L 248, 13.7.2021, p. 11).

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