Changes from report parliamentary committee draft to plenary report

AddedArticle 63 – paragraph 3 a (new): 3a. Without prejudice to Article 26(6c) of Regulation (EU) 2016/794 and Europol’s searches pursuant to Article 50(4) of this Regulation, Europol shall not have access to any of the personal data processed through EPRIS.

AddedArticle 65 – paragraph 1 – subparagraph 3: The router shall be developed and managed in such a way as to ensure fast, efficient and controlled access, full and uninterrupted availability of the router, and a response time in line with the operational needs of the competent law enforcement authorities of the Member States and Europol.

AddedArticle 65 – paragraph 1 – subparagraph 2 a (new): eu-LISA shall make publicly available information on technology supplied by private parties, including the supplier, for the purposes of its tasks referred to in paragraph 1.

Regulation (EU) 2018/1726

Change 131

ChangedArticle 6867 – paragraph 1 – point 2 a (new), Article 19 – paragraph 1 – point ee a (new): (2a) in Article 19(1), the following point (eea) is added:added after point (ee): / (eea)‘(eea) adopt the reports on the state of play of the development of the router referred to in Article 35 of Regulation (EU) ../.. of the European Parliament and of the Council [2021/0410(COD)] pursuant to Article 79(2)78(2) of that Regulation;Regulation;’

Regulation (EU) 2018/1726

Change 132

ChangedArticle 6867 – paragraph 1 – point 2 b (new), Article 19 – paragraph 1 – points ff andpoint hh:ff: (2b) in Article 19(1), pointspoint (ff) and (hh) areis replaced by the following:“following: / (ff)‘(ff) adopt the reports on the technical functioning of the following: / (i) SIS II pursuant to Article 50(4) of Regulation (EC) No 1987/2006 and Article 66(4) of Decision 2007/533/JHA;2007/533/JHA /respectively, (viii)of the routerVIS referredpursuant to in Article 3550(3) of Regulation (EU) ../..(EC) [2021/0410(COD)]No pursuant767/2008 toand Article 79(5)17(3) of that Regulation (EU) ../...; / (hh) adopt formal comments on the European Data Protection Supervisor’sDecision reports2008/633/JHA, onof the audits carried outEES pursuant to Article 45(2)72(4) of Regulation (EC) No 1987/2006, Article(EU) 42(2)2017/2226, of Regulation (EC)ETIAS Nopursuant 767/2008,to Article 31(2)92(4) of Regulation (EU) No 603/2013, Article2018/1240 56(2)and of Regulation (EU) 2017/2226, Article 67 ofthe Regulationrouter (EU)referred 2018/1240to andin Article 60(1)35 of Regulation (EU) ../.. [2021/0410(COD)] andpursuant ensureto appropriateArticle follow-up78(5) of thosethat audits;”Regulation (EU) ../...;

Change 133

AddedRegulation (EU) 2018/1726

AddedArticle 67 – paragraph 1 – point 2 c (new), Article 19 – paragraph 1 – point hh: (2c) in Article 19(1), point (hh) is replaced by the following: / ‘(hh) adopt formal comments on the European Data Protection Supervisor’s reports on its audits carried out pursuant to Article 56(2) of Regulation (EU) 2018/1861, Article 42(2) of Regulation (EC) No 767/2008, Article 31(2) of Regulation (EU) No 603/2013, Article 56(2) of Regulation (EU) 2017/2226, Article 67 of Regulation (EU) 2018/1240, Article 29(2) of Regulation (EU) 2019/816, Article 52 of Regulations (EU) 2019/817 and (EU) 2019/818 and Article 59(1) of Regulation (EU) ../.. [2021/0410(COD)] and ensure appropriate follow-up of those audits;”

Regulation (EU) 2019/818

Change 134

ChangedArticle 7069 – paragraph 1 – point 2, Article 39 – paragraph 1: 1. A central repository for reporting and statistics (CRRS) is established for the purposes of supporting the objectives of the SIS, Eurodac, 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) … /… of the European Parliament and of the Council* [2021/0410(COD)].”[2021/0410(COD)]..”

Regulation (EU) 2019/818

Change 135

ChangedArticle 7069 – paragraph 1 – point 2, Article 39 – paragraph 2: “2. eu-LISA shall establish, implement and host in its technical sites the CRRS containing the data and statistics referred to in Article 74 of Regulation (EU) 2018/1862 and Article 32 of Regulation (EU) 2019/816 logically separated by EU information system. eu-LISA shall also collect the data and statistics from the router referred to in Article 71(1)70(1) of Regulation (EU) …/… * [this Regulation ]. 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 74 of Regulation (EU) 2018/1862, Article 32 of Regulation (EU) 2019/816 and Article 65(1)64(1) of Regulation (EU) …/… * [this Regulation ].”

Change 136

ChangedArticle 7170 – paragraph 1 – subparagraph 1 – introductory part: 1. The duly authorised staff of the competent law enforcement authorities of Member States, the Commission, Europol and eu-LISA shall have access to the following data related to the router, as relevant, solely for the purposes of reporting and statistics:

Change 137

ChangedArticle 7170 – paragraph 1 – subparagraph 1 – point a: (a) number of queries per Member State and by EuropolEuropol, per category of data;

Change 138

ChangedArticle 7170 – paragraph 1 – subparagraph 1 – point b: deleted

Change 139

ChangedArticle 7170 – paragraph 1 – subparagraph 1 – point f: (f) number of confirmed matches where there were exchanges of core data;

Change 140

ChangedArticle 7170 – paragraph 1 – subparagraph 1 – point f a (new): (fa)(f a) number of confirmed matches where there were no exchanges of core data; and

Change 141

RemovedArticle 71 – paragraph 1 – subparagraph 1: The data shall be aggregated. It shall not be possible to identify individuals from the data.

AddedArticle 70 – paragraph 1 – subparagraph 1 – point f b (new): (f b) number of unconfirmed matches; and

RemovedArticle 71 – paragraph 2 – introductory part: 2. The duly authorised staff of the competent law enforcement authorities of Member States, Europol and the Commission shall have access to consult the following data related to Eucaris, solely for the purposes of reporting and statistics:

AddedArticle 70 – paragraph 1 – subparagraph 2: The data shall be aggregated. It shall not be possible to identify individuals from the data.

RemovedArticle 71 – paragraph 2 – subparagraph 1: The data shall be aggregated. It shall not be possible to identify individuals from the data.

AddedArticle 70 – paragraph 2 – subparagraph 1 – introductory part: The duly authorised staff of the competent law enforcement authorities of Member States, Europol and the Commission shall have access to consult the following data related to Eucaris, solely for the purposes of reporting and statistics:

RemovedArticle 71 – paragraph 3 – introductory part: 3. The duly authorised staff of the competent law enforcement authorities of Member States, the Commission and Europol shall have access to consult the following data related to EPRIS, solely for the purposes of reporting and statistics:

AddedArticle 70 – paragraph 2 – subparagraph 2: The data shall be aggregated. It shall not be possible to identify individuals from the data

Change 142

ChangedArticle 7170 – paragraph 43 – subparagraph 1 – introductory part: 4.The eu-LISAduly shallauthorised storestaff of the datacompetent referredlaw toenforcement inauthorities paragraphof 1Member ofStates, thisthe ArticleCommission inand theEuropol centralshall repositoryhave foraccess reportingto andconsult statisticsthe establishedfollowing bydata Articlerelated 39to EPRIS, solely for the purposes of Regulationreporting (EU)and 2019/818.statistics:

Change 143

ChangedArticle 7170 – paragraph 4 – subparagraph 1: The dataeu-LISA shall allowstore the competent lawdata enforcementreferred authoritiesto ofin theparagraph Member1 States,of Europol,this eu-LISAArticle andin the Commission tocentral obtainrepository customisablefor reportsreporting and statistics toestablished enhancepursuant theto efficiencyArticle 39 of lawRegulation enforcement(EU) cooperation.2019/818.

Change 144

ChangedArticle 7370 – paragraph 1:4 1.– Membersubparagraph States2: shallThe notifydata eu-LISAshall ofallow the competent law enforcement authorities referredof tothe inMember ArticleStates, 36Europol, whicheu-LISA mayand usethe orCommission haveto accessobtain customisable reports and statistics to enhance the router.efficiency of law enforcement cooperation.

Change 145

ChangedArticle 7372 – paragraph 2 a (new):1: 2a.1. Member States shall notify the other Membereu-LISA States,of the Commission, eu-LISA andcompetent Europollaw ofenforcement theauthorities contentreferred ofto theirin nationalArticle DNA36, databaseswhich tomay whichuse Articlesor 5,have 6access andto 7the apply.router.

Change 146

ChangedArticle 7372 – paragraph 2 ba (new): 2b.2a. Each Member StatesState shall informnotify the other Member States, the Commission, eu-LISA and Europol of the content of theirits national dactyloscopicDNA databases to which Articles 125, 6 and 137 apply.

Change 147

ChangedArticle 7372 – paragraph 2 cb (new): 2c.2b. Each Member States shall inform the other Member States, the Commission, eu-LISA and Europol of the content of theirits national facial imagesdactyloscopic databases to which Articles 2112 and 2213 apply.

Change 148

ChangedArticle 7372 – paragraph 2 dc (new): 2d.2c. Each Member States participating in automated exchanges of police records pursuant to Articles 25 and 26 shall notifyinform the other Member States, the CommissionCommission, eu-LISA and Europol of the content of theirits national police records indexes, thefacial nationalimages databases used for the establishmentto ofwhich thoseArticles indexes21 and the conditions for automated22 searches.apply.

Change 149

ChangedArticle 7372 – paragraph 3:2 3.d (new): 2d. Member States shallparticipating notifyin theautomated Commission,exchanges Europolof andpolice eu-LISArecords ofpursuant theirto nationalArticles contact25 pointand designated26 pursuantshall tonotify Articlethe 29.other TheMember CommissionStates, shallthe compileCommission aand listEuropol of the content of its national contactpolice pointsrecords ofindexes, whichthe itnational hasdatabases beenused notifiedfor andthe makeestablishment itof availablethose toindexes alland Memberthe States.conditions for automated searches.

Change 150

ChangedArticle 7472 – paragraph 13: –3. introductoryMember part:States 1.shall Thenotify Commissionthe shallCommission, determineEuropol theand dateeu-LISA fromof whichtheir thenational Membercontact Statespoint anddesignated Europolpursuant mayto startArticle using29. theThe routerCommission byshall meanscompile a list of anthe implementingnational actcontact oncepoints theof followingwhich conditionsit havehas been met:notified and make it available to all Member States.

Change 151

RemovedArticle 74 – paragraph 1 – point b: (b) eu-LISA has declared the successful completion of a comprehensive test of the router, which it has conducted in cooperation with the Member States’ competent law enforcement authorities and Europol.

AddedArticle 73 – paragraph 1 – subparagraph 1 – introductory part: 1. The Commission shall determine the date from which the Member States and Europol may start using the router by means of an implementing act once the following conditions have been met:

RemovedArticle 74 – paragraph 1 – subparagraph 1: In that implementing act the Commission shall also determine the date from which the Member States and Europol shall start using the router. That date shall be one year after the date determined in accordance with the first subparagraph.

AddedArticle 73 – paragraph 1 – subparagraph 1 – point a: (a) the measures referred to in Article 5(2c), Article 10(3), Article 15(4), Article 19(3), Article 23a(3), Article 30 and Article 37(6) have been adopted;

RemovedArticle 74 – paragraph 1 – subparagraph 2: The Commission may postpone the date from which the Member States and the Union agencies are to start using the router by one year at most where an assessment of the implementation of the router has shown that such a postponement is necessary.

AddedArticle 73 – paragraph 1 – subparagraph 1 – point b: (b) eu-LISA has declared the successful completion of a comprehensive test of the router, which it has conducted in cooperation with the Member States’ competent law enforcement authorities and Europol.

Change 152

ChangedArticle 7473 – paragraph 21 – introductorysubparagraph part:2: 2.In Thethat implementing act the Commission shall also determine the date from which the Member States and Europol are toshall start using EPRISthe byrouter. meansThat ofdate anshall implementingbe actone onceyear after the followingdate conditionsdetermined havein beenaccordance met:with the first subparagraph.

Change 153

RemovedArticle 74 – paragraph 2 – point b: (b) Europol has declared the successful completion of a comprehensive test of EPRIS, which it has conducted in cooperation with the Member States’ competent law enforcement authorities.

AddedArticle 73 – paragraph 1 – subparagraph 3: The Commission may postpone the date from which the Member States and the Union agencies are to start using the router by one year at most where an assessment of the implementation of the router has shown that such a postponement is necessary.

RemovedArticle 74 – paragraph 3 – point b: (b) Europol has declared the successful completion of a comprehensive test of the connection, which it has conducted in cooperation with the Member States’ competent law enforcement authorities and eu-LISA.

AddedArticle 73 – paragraph 2 – introductory part: 2. The Commission shall determine the date from which the Member States and Europol are to start using EPRIS by means of an implementing act once the following conditions have been met:

Change 154

ChangedArticle 7473 – paragraph 42 – point b: (b) Europol has declared the successful completion of a comprehensive test of the connection,EPRIS, which it has conducted in cooperation with the Member States’ competent law enforcement authorities and eu-LISA.authorities.

Change 155

RemovedArticle 74 – paragraph 4 a (new): 4a. The implementing acts referred to in this Article shall be adopted in accordance with the procedure referred to in Article 76(2).

AddedArticle 73 – paragraph 3 – point b: (b) Europol has declared the successful completion of a comprehensive test of the connection, which it has conducted in cooperation with the Member States competent law enforcement authorities’ and eu-LISA.

RemovedArticle 79 – paragraph 1: 1. eu-LISA and Europol shall, respectively, ensure that procedures are in place to monitor the development of the router and of EPRIS in light of objectives relating to planning and costs and to monitor their functioning in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.

AddedArticle 73 – paragraph 4 – point b: (b) Europol has declared the successful completion of a comprehensive test of the connection, which it has conducted in cooperation with the Member States’ competent law enforcement authorities and eu-LISA.

RemovedArticle 79 – paragraph 2 – introductory part: 2. By [one year after entry into force of this Regulation] and every year thereafter during the development phase of the router, eu-LISA shall submit a report to the European Parliament and to the Council on the state of play of the development of the router. That report shall contain detailed information about the costs incurred and information as to any risks which may impact the overall costs to be borne by the general budget of the Union in accordance with Article 72.

AddedArticle 73 – paragraph 4 a (new): 4a. The implementing acts referred to in this Article shall be adopted in accordance with the procedure referred to in Article 75(2).

RemovedArticle 79 – paragraph 3 – introductory part: 3. By [one year after entry into force of this Regulation] and every year thereafter during the development phase of EPRIS, Europol shall submit a report to the European Parliament and to the Council on the state of play of the development of EPRIS including detailed information about the costs incurred and information as to any risks which may impact the overall costs to be borne by the general budget of the Union in accordance with Article 72.

AddedArticle 77 – paragraph 1: The Commission shall, in close cooperation with the Member States, Europol, eu-LISA, the European Data Protection Board, the European Data Protection Supervisor and the European Union Agency for Fundamental Rights make available a practical handbook for the implementation and management of this Regulation. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation by ... [six months after entry into force of this Regulation]. The Commission shall regularly and where necessary update the practical handbook.

RemovedArticle 79 – paragraph 7 – introductory part: 7. Two years after the start of operations of the router and EPRIS as referred to in Article 74 and every four years thereafter, the Commission shall produce an overall evaluation of Prüm II, including:

AddedArticle 78 – paragraph 1: 1. eu-LISA and Europol shall, respectively, ensure that procedures are in place to monitor the development of the router and of EPRIS in light of objectives relating to planning and costs and to monitor their functioning in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.

RemovedArticle 79 – paragraph 8: 8. The Member States and Europol shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 2 and 5. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the competent law enforcement authorities.

AddedArticle 78 – paragraph 2 – subparagraph 1: By [one year after entry into force of this Regulation] and every year thereafter during the development phase of the router, eu-LISA shall submit a report to the European Parliament and to the Council on the state of play of the development of the router. That report shall contain detailed information about the costs incurred and information as to any risks which may impact the overall costs to be borne by the general budget of the Union in accordance with Article 71.

RemovedArticle 79 – paragraph 9: 9. The Member States shall provide Europol and the Commission with the information necessary to draft the reports referred to in paragraphs 3 and 6. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the competent law enforcement authorities.