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Summaries of EU Legislation

Interoperability between EU information systems in the field of freedom, security and justice

 

SUMMARY OF:

Regulation (EU) 2019/817 establishing a framework for interoperability between EU information systems in the field of borders and visa

Regulation (EU) 2019/818 establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration

WHAT IS THE AIM OF THE REGULATIONS?

They aim to improve checks at the EU’s external borders, allow for better detection of security threats and identity fraud and help in preventing and combating illegal immigration.

KEY POINTS

Scope

The 2 interoperability regulations cover:

The EU information systems in freedom, security and justice are managed by the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.

Components

The regulations set up the following interoperability components:

  • a European search portal allowing competent authorities to search multiple information systems simultaneously, using both biographical and biometric data;
  • a shared biometric matching service enabling the searching and comparing of biometric data (fingerprints and facial images) from several EU information systems;
  • a common identity repository containing biographical and biometric data of non-EU nationals available in several EU information systems;
  • a multiple identity detector enabling the detection of multiple identities across different EU information systems.

Access

  • The regulations do not change the rights of access to the individual EU information systems, but will ease and improve information-sharing.
  • They provide for a new 2-step approach to grant law enforcement authorities access to the EES, VIS, ETIAS and Eurodac:
    • initial searches would be carried out on a ‘hit/no hit’ basis;
    • if a ‘hit’ were obtained, law enforcement authorities could then access any further information needed, in line with the respective rules and safeguards.

FROM WHEN DO THE REGULATIONS APPLY?

They have applied since 11 June 2019.

BACKGROUND

For more information, see:

MAIN DOCUMENTS

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, pp. 27-84)

Successive amendments to Regulation (EU) 2019/817 have been incorporated into the original document. This consolidated version is of documentary value only.

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, pp. 85-135)

See consolidated version.

RELATED DOCUMENTS

Regulation (EU) 2021/1133 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EU) No 603/2013, (EU) 2016/794, (EU) 2018/1862, (EU) 2019/816 and (EU) 2019/818 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the Visa Information System (OJ L 248, 13.7.2021, pp. 1-10)

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, pp. 11-87)

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, pp. 1-26)

See consolidated version.

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, pp. 14-55)

See consolidated version.

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, pp. 56-106)

See consolidated version.

Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99-137)

See consolidated version.

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, pp. 1-71)

See consolidated version.

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 (OJ L 327, 9.12.2017, pp. 20-82)

See consolidated version.

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, pp. 1-52)

See consolidated version.

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, pp. 60-81)

See consolidated version.

Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, pp. 129-136)

See consolidated version.

Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, pp. 5-7)

See consolidated version.

last update 26.08.2021

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