Commission Implementing Decision (EU) 2022/1462 of 2 September 2022 on the requirements for the means of audio and video communication for the interview pursuant to Article 27(5) of Regulation (EU) 2018/1240 of the European Parliament and of the Council
Requirements for the means of audio and video communication including as regards data protection, security and confidentiality
Requirements for the means of audio and video communication, including as regards data protection, security and confidentiality to interview an applicant pursuant to Article 27(4) of Regulation (EU) 2018/1240 are set out in this Decision and in the Annex.
Testing of suitable tools
1. The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall analyse descriptions of tools for audio and video communication available on the market, compare them to the requirements set out in the Annex and pre-select tools for audio and video communication whose descriptions meet the requirements.
2. eu-LISA shall, in cooperation with the national authorities, test the pre-selected tools for audio and video communication. The tests shall, as far as possible, take into consideration the requirements set out in the Annex.
3. eu-LISA shall analyse the results of the tests and provide to Member States a list of suitable tools which are recommended.
4. At the request of the Commission, eu-LISA shall reanalyse the description of tools available on the market, compare these with the requirements set out in the Annex and, where needed, test pre-selected tools for the purpose of recommending to Member States an updated list of suitable tools.
Selection of suitable tools and their operation
1. The ETIAS National Units shall use:
(a)
a tool selected from the list of suitable tools referred to in Article 2(3);
(b)
any other tool that meets the requirements set out in the Annex.
Member States shall be responsible for the analysis whether the tools referred to in the first subparagraph, point (b), meet the requirements of the Annex and for their testing.
2. The ETIAS National Units shall be responsible for the monitoring of the operation of the tools and for ensuring that the tools meet the requirements set out in the Annex to this Decision and comply with Regulation (EU) 2016/679.
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Supplementary provisions
ANNEXSupplementary provisions
ANNEX
1.
Objectives
This Annex sets out requirements for the means of audio and video communication, including as regards security and confidentiality rules.
2.
Requirements for the means of audio and video communication, including as regards security and confidentiality rules:
#
Description
1
The tool shall support connectivity through internet browsers from at least 3 browser/operating system providers that are widely spread.
2
The tool shall provide the possibility of in-band duplex audio features (not telephony-based) for calls.
3
The tool shall provide the possibility of video-calls using a Webcam.
4
The tool shall provide the possibility for the interviewers to manage participants (identify/accept/reject, mute/un-mute the audio channel, show/hide video channel).
5
The tool shall provide the possibility for the authorized users in the ETIAS National Unit of the Member State responsible or in one of that Member State’s consulates, disposing of a permanent audio and video conferencing account, to organise their own conferences via the internet. The tool shall provide the possibility to schedule ahead an audio and video conference and have invitations sent to the applicants.
6
The tool shall provide the possibility for applicants, not having a permanent audio and video conferencing account, to participate in a call using an application, which is available on the internet, and usable on any device (smart phone, tablet, laptop, and desktop) with at least 3 browser/operating system providers that are widely spread. It has to be ensured that the tool is offered to the applicant free of charge.
7
The tool shall provide the possibility to secure interviews with an individual single use PIN code or password.
8
The tool shall provide the possibility to use text chatting.
9
The tool shall provide the possibility to share documents by sharing the screen of the electronic devices.
10
The tool shall provide the possibility to record calls in case required by the ETIAS National Unit. The tool shall provide the possibility to download and save the calls locally.
11
The tool shall provide for end-to-end encryption of all communications.
12
The tool shall provide for all audio and video communications to be logged.
13
The tool shall be available with the latest approved patches and supported versions.
14
The tool shall support varying bandwidths.
15
The availability rate of the tool shall be at least 99,5 % measured on a yearly basis, except for planned maintenance.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.