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Screening Regulation:
Article 23 – Amendments to Regulation (EU) 2019/817

Regulation (EU) 2019/817Interoperability (Borders and Visa) Regulation is amended as follows:

(1) in Article 7, paragraph 2 is replaced by the following:

‘2. The Member State authorities and Union agencies referred to in paragraph 1 of this Article shall use the ESPEuropean search portal to search data related to persons or their travel documents in the central systems of the EESEntry/Exit System, VISVisa Information System and ETIASEuropean Travel Information and Authorisation System in accordance with their access rights as referred to in the legal instruments governing those EU information systems and in national law. They shall also use the ESPEuropean search portal to query the CIRCommon Identity Repository in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.’;

(2) Article 17 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. A common identity repository (CIR), creating an individual file for each person that is registered in the EESEntry/Exit System, VISVisa Information System, ETIASEuropean Travel Information and Authorisation System, Eurodac or ECRIS-TCNCentralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons containing the data referred to in Article 18, is established for the purpose of facilitating and assisting in the correct identification of persons registered in the EESEntry/Exit System, VISVisa Information System, ETIASEuropean Travel Information and Authorisation System, Eurodac and ECRIS-TCNCentralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons in accordance with Articles 20 and 20a, of supporting the functioning of the MID in accordance with Article 21 and of facilitating and streamlining access by designated authorities and Europol to the EESEntry/Exit System, VISVisa Information System, ETIASEuropean Travel Information and Authorisation System and Eurodac, where necessary for the prevention, detection or investigation of terrorist offences or other serious criminal offences in accordance with Article 22.’;

(b) paragraph 4 is replaced by the following:

‘4. Where it is technically impossible because of a failure of the CIRCommon Identity Repository to query the CIRCommon Identity Repository for the purpose of identifying a person pursuant to Article 20 or for the purpose of identification or verification of identity of a person pursuant to Article 20a, for the detection of multiple identities pursuant to Article 21 or for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences pursuant to Article 22, the CIRCommon Identity Repository users shall be notified by eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice in an automated manner.’;

(3) in Article 18, paragraph 3 is replaced by the following:

‘3. The authorities accessing the CIRCommon Identity Repository shall do so in accordance with their access rights under the legal instruments governing the EU information systems, and under national law and in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.’;

(4) the following Article is inserted:

‘Article 20a

Access to the common identity repository for identification or verification of identity according to Regulation (EU) 2024/1356Screening Regulation of the European Parliament and of the Council ((*))

1. Queries of the CIRCommon Identity Repository shall be carried out by the screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356Screening Regulation (the “screening authorities”) solely for the purpose of identification or verification of identity of a person according to Article 14 of that Regulation, provided that the process was initiated in the presence of that person.

2. Where the query indicates that data on that person are stored in the CIRCommon Identity Repository, the screening authorities shall have access to consult the data referred to in Article 18(1) of this Regulation as well as to the data referred to in Article 18(1) of Regulation (EU) 2019/818Interoperability (Police and Asylum) Regulation.


(*) 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).’;” ↩︎


(5) Article 24 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. Without prejudice to Article 46 of Regulation (EU) 2017/2226Entry/Exit System Regulation, Article 34 of Regulation (EC) No 767/2008Visa Information System Regulation and Article 69 of Regulation (EU) 2018/1240European Travel Information and Authorisation System Regulation, eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice shall keep logs of all data processing operations in the CIRCommon Identity Repository in accordance with paragraphs 2, 2a, 3 and 4 of this Article.’;

(b) the following paragraph is inserted:

‘2a. eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice shall keep logs of all data processing operations pursuant to Article 20a in the CIRCommon Identity Repository. Those logs shall include the following:

(a) the Member State launching the query;

(b) the purpose of access of the user querying via the CIRCommon Identity Repository;

(c) the date and time of the query;

(d) the type of data used to launch the query;

(e) the results of the query.’;

(c) in paragraph 5, the first subparagraph is replaced by the following:

‘Each Member State shall keep logs of queries that its authorities and the staff of those authorities duly authorised to use the CIRCommon Identity Repository make pursuant to Articles 20, 20a, 21 and 22. Each Union agency shall keep logs of queries that its duly authorised staff make pursuant to Articles 21 and 22.’.

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Categories: Articles Key words: Common Identity Repository (CIR), Identification

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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