Commission Implementing Decision (EU) 2022/2366 of 2 December 2022 on laying down the specifications for a technical solution to facilitate the collection of data by Member States and Europol for the purpose of generating statistics on the access to the VIS data for law enforcement purposes

• CELEX: Implementing Decision (EU) 2022/2366
• Articles: 3

Article 1 Technical solution to facilitate the collection of data for the purpose of generating the statistics

1.   eu-LISA shall develop the technical solution referred to in Article 50(4), third subparagraph, of Regulation (EC) No 767/2008, and adapt it according to the specifications laid out in article 2 of this Decision.

2.   eu-LISA shall make the technical solution available to the central access point(s) referred to in Article 22l of Regulation (EC) No 767/2008 and to the specialised unit of duly empowered Europol officials referred to in Article 22m of that Regulation.

3.   The use of the technical solution by Member States and Europol shall be optional.

Article 2 Specifications of the technical solution to facilitate the collection of data for the purpose of generating the statistics

1.   Where the technical solution referred to in Article 50(4) of Regulation (EC) No 767/2008 is used, each Member State and Europol shall be responsible for its deployment.

2.   The Member States and Europol shall be responsible for their technical and operational management of the technical solution.

3.   The technical solution shall only allow access to its data to authorised users.

4.   The technical solution shall allow the collection of the following data for each request for access to data stored in the VIS:

(a)

designated authority, central access point and operating unit initiating the request referred to in Article 22l(5) of Regulation (EC) No 767/2008, and Europol if initiating the request as referred to in Article 22r of that Regulation;

(b)

the exact purpose of the consultation, including the type of terrorist offence or other serious criminal offence, as defined in Article 4, points (22) and (23), of the Regulation (EC) No 767/2008, that led to the consultation, by selecting a value from a code table;

(c)

reasonable grounds given for the substantiated suspicion that the suspect, perpetrator or victim is covered by Regulation (EC) No 767/2008;

(d)

the number of requests to access the VIS for law enforcement purposes and to access the data on children below 14 years of age;

(e)

the number and type of cases in which the urgency procedures referred to in Article 22n(2) of Regulation (EC) No 767/2008 were used, including those cases where the urgency was not accepted by the ex post verification carried out by the central access point;

(f)

the number and type of cases, which have ended in successful identifications.

5.   In order to facilitate the collection of data, where the urgency procedure provided for in Article 22n(2) of Regulation (EC) No 767/2008 is used, the cases associated with that procedure referred to in paragraph 4, point (e), of this Article shall be marked.

6.   The information listed in paragraph 4 of this Article shall be stored locally, by the central access point(s) or Europol and shall be used to support the generation of statistics referred to in Article 50(4) of Regulation (EC) No 767/2008.

Article 3 Entry into force and applicability

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union , with the exception of the following provisions which shall apply from the date of the start of operations of the VIS pursuant to Article 11 of Regulation (EU) 2021/1134:

(a)

Article 1 in so far as it relates to Regulation (EC) No 767/2008;

(b)

Article 2 in so far as it relates to Regulation (EC) No 767/2008.