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
Modified by
  • Regulation (EU) 2021/1133 of the European Parliament and of the Councilof 7 July 2021amending 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, 32021R1133, July 13, 2021
  • Regulation (EU) 2021/1150 of the European Parliament and of the Councilof 7 July 2021amending Regulations (EU) 2018/1862 and (EU) 2019/818 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System, 32021R1150, July 14, 2021
  • Regulation (EU) 2021/1151 of the European Parliament and of the Councilof 7 July 2021amending Regulations (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 European Travel Information and Authorisation System, 32021R1151, July 14, 2021
  • Regulation (EU) 2024/982 of the European Parliament and of the Councilof 13 March 2024on 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), 32024R0982, April 5, 2024
Corrected by
  • Corrigendum to 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, 32019R0818R(01), January 15, 2020
  • Corrigendum to 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, 32019R0818R(04), December 29, 2022
  • Corrigendum to 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, 32019R0818R(05), March 15, 2024
Regulation (EU) 2019/818 of the European Parliament and of the Councilof 20 May 2019on 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 IGeneral provisions
Article 1Subject matter1.This Regulation, together with Regulation (EU) 2019/817 of the European Parliament and of the CouncilRegulation (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)., establishes a framework to ensure interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), the European Travel Information and Authorisation System (ETIAS), Eurodac, the Schengen Information System (SIS), and the European Criminal Records Information System for third-country nationals (ECRIS-TCN).2.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).3.This Regulation also lays down provisions on data quality requirements, on a universal message format (UMF), on a central repository for reporting and statistics (CRRS) and on the responsibilities of the Member States and of the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), with respect to the design, development and operation of the interoperability components.4.This Regulation also adapts the procedures and conditions for the designated authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) to access the EES, VIS, ETIAS and Eurodac for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences.5.This Regulation also lays down a framework for verifying the identity of persons and for identifying persons.
Article 2Objectives1.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.2.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 3Scope1.This Regulation applies to Eurodac, SIS and ECRIS-TCN.2.This Regulation also applies to Europol data to the extent of enabling them to be queried simultaneously with the EU information systems referred to in paragraph 1.3.This Regulation applies to persons in respect of whom personal data may be processed in the EU information systems referred to in paragraph 1 and in the Europol data referred to in paragraph 2.
Article 4DefinitionsFor 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 CouncilRegulation (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).;(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 CouncilDirective (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).;(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/JHACouncil 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)., 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 CouncilRegulation (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).;(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 CouncilRegulation (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).;(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 5Non-discrimination and fundamental rightsProcessing 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.
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