Combating document fraud: the false and authentic documents online system

SUMMARY OF:

Regulation (EU) 2020/493 on the false and authentic documents online (FADO) system

WHAT IS THE AIM OF THE REGULATION?

It repeals Council Joint Action 98/700/JHA (see summary) which originally established the European image archiving system on false and authentic documents online (FADO).
It sets out a new legal basis for the FADO system, updating its management system by adapting it to the new institutional base, as set out in Article 87(2)(a) of the Treaty on the Functioning of the European Union.

KEY POINTS

The false and authentic documents online system

The FADO system contains information on authentic documents issued by European Union (EU) Member States, the EU and third parties (such as non-EU countries, territorial entities, international organisations and other entities subject to international law) and on false versions of those documents.
It aims to contribute to the fight against document and identity fraud by:
- sharing information on the security features of, and potential fraud characteristics in, authentic and false documents between the Member State authorities competent in the area of document fraud;
- sharing information with other stakeholders, including the general public.

Scope

The FADO system contains information on documents issued by Member States or the EU. Documents include:
- travel, identity, residence and civil status documents;
- driving licences and vehicle licences.
It may also contain information on:
- equivalent documents issued by third parties;
- other related official documents, in particular those used in support of applications for official documents, issued by Member States and, where applicable, third parties.
The information to be included in the system includes:
- information, including images, on authentic documents, specimens of those documents and their security features;
- information, including images, on false documents, whether forged, counterfeit or pseudo documents, and their fraud characteristics;
- summaries of forgery techniques;
- summaries of the security features of authentic documents;
- statistics on detected false documents.
The system may also contain handbooks, contact lists, information on valid travel documents and their recognition by Member States, recommendations on effective ways of detecting specific methods of falsification and other useful related information.
The Member States, the EU and third parties must submit this information to the European Border and Coast Guard Agency (Frontex), which was set up by Regulation (EU) 2019/1896 – see summary. Technical support for Frontex can be provided by the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), which was set up by Regulation (EU) 2018/1726 – see summary.

Access

The FADO system provides users with different levels of access to information.

The European Commission and Frontex, to the extent necessary to perform their tasks, and relevant national authorities, such as police, border guard and other law enforcement authorities, have secure access to the FADO system on a need-to-know basis.
The general public has access to specimens of authentic documents or authentic documents with pseudonymous data.
Other stakeholders can gain access to information stored in the FADO system in a limited manner:
- other EU institutions, bodies, offices and agencies, including Europol (European Union Agency for Law Enforcement Cooperation), which was set up by Regulation (EU) 2016/794 – see summary;
- third parties, such as non-EU countries, territorial entities, international organisations and other entities subject to international law;
- private entities, such as airlines and other carriers.
Personal data are protected by Regulation (EU) 2016/679 – see summary:
- use of data by police and judicial authorities is specifically protected by Directive (EU) 2016/680 – see summary.
- Frontex must apply the rules set out in Regulation (EU) 2018/1725 – see summary.

The Frontex FADO system

Following the entry into force of Regulation (EU) 2020/493, the FADO system, previously operated by the Council of the European Union, was taken over by Frontex.
An implementing act, Commission Implementing Decision (EU) 2023/729 sets out the technical architecture, the technical specifications for entering and storing information and the procedures for controlling and verifying information contained in the Frontex FADO system.
This allows Frontex to ensure a proper and reliable functioning system and to enter the information obtained in a timely and efficient manner, guaranteeing the uniformity and quality of that information according to high standards. Appropriate document and identity verification will be ensured at all levels. The FADO system will provide a single point of access to users who want to manage information or search for FADO content.

FROM WHEN DOES THE REGULATION APPLY?

Regulation (EU) 2020/493 has applied since 26 April 2020.

BACKGROUND

The regulation builds upon the Schengen acquis which, on the basis of protocols attached to the Lisbon Treaty, certain Member States can opt in or out of.

Denmark did not take part in the adoption of the regulation and is therefore not bound by it or subject to its application. It can however decide to opt in within a period of 6 months after the regulation takes effect.
Ireland, a non-member of the Schengen area, has chosen to take part.
The agreement also applies to Iceland, Liechtenstein, Norway and Switzerland.

For further information, see:

Document security (European Commission)
False and Authentic Documents Online system (FADO) (Frontex).

MAIN DOCUMENT

Regulation (EU) 2020/493 of the European Parliament and of the Council of 30 March 2020 on the false and authentic documents online (FADO) system and repealing Council Joint Action 98/700/JHA (OJ L 107, 6.4.2020, pp. 1–8).