Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Responsibility of due diligence
Member States and Europol shall exercise due diligence in assessing whether the automated exchange of data falls under the purpose of the Prüm II framework set out in Article 2 and whether it complies with the conditions set out therein, in particular with regard to respect for fundamental rights.
Training
Authorised staff of Member States’ competent authorities, of supervisory authorities and of Europol shall be provided, as relevant, with adequate resources and training, including on data protection and the accurate review of matches, to perform the tasks under this Regulation.
Responsibilities of the Member States
1. Each Member State shall be responsible for: (a) the connection to the infrastructure of the router; (b) the integration of its existing national systems and infrastructure with the router; (c) the organisation, management, operation and maintenance of its existing national infrastructure and of its connection to the router; (d) the connection to the infrastructure of EPRIS; (e) the integration of its existing national systems and infrastructure with EPRIS; (f) the organisation, management, operation and maintenance of its existing national infrastructure and of its connection to EPRIS; (g) the management of, and arrangements for, access by the duly authorised staff of its competent authorities to the router in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles; (h) the management of, and arrangements for, access by the duly authorised staff of its competent authorities to EPRIS in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles; (i) the management of, and arrangements for, access by the duly authorised staff of its competent authorities to Eucaris in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles; (j) the manual confirmation by qualified staff of a match as referred to in Article 6(6), Article 6(7), Article 11(2) and Article 20(2); (k) ensuring the availability of the data necessary for the exchange of data in accordance with Articles 5, 10, 16, 19 and 25; (l) the exchange of information in accordance with Articles 6, 11, 16, 20 and 26; (m) correcting, updating or deleting any data received from a requested Member State within 48 hours of the notification from the requested Member State that the data submitted were incorrect, are no longer up to date or were unlawfully transmitted; (n) compliance with the data quality requirements set out in this Regulation. 2. Each Member State shall be responsible for connecting its competent authorities to the router, EPRIS and Eucaris.
Responsibilities of Europol
1. Europol shall be responsible for the management of, and arrangements for the access by its duly authorised staff to, the router, EPRIS and Eucaris in accordance with this Regulation. 2. Europol shall be responsible for processing the queries of Europol data by the router. Europol shall adapt its information systems accordingly. 3. Europol shall be responsible for any technical adaptations in Europol infrastructure required for establishing the connection to the router and to Eucaris. 4. Without prejudice to searches by Europol pursuant to Article 49, Europol shall not have access to any of the personal data processed through EPRIS. 5. Europol shall be responsible for the development of EPRIS in cooperation with the Member States. EPRIS shall provide the functionalities laid down in Articles 42 to 46. Europol shall be responsible for the technical management of EPRIS. Technical management of EPRIS shall consist of all the tasks and technical solutions necessary to keep the EPRIS central infrastructure functioning and providing uninterrupted services to Member States 24 hours a day, 7 days a week in accordance with this Regulation. It shall include the maintenance work and technical developments necessary to ensure that EPRIS functions are at a satisfactory level of technical quality, in particular as regards the response time for submitting requests to the national databases in accordance with the technical specifications. 6. Europol shall provide training on the technical use of EPRIS. 7. Europol shall be responsible for the procedures provided for in Articles 48 and 49.
Responsibilities of eu-LISA during the design and development phase of the router
1. eu-LISA shall ensure that the central infrastructure of the router is operated in accordance with this Regulation. 2. The router shall be hosted by eu-LISA in its technical sites and shall provide the functionalities laid down in this Regulation in accordance with the conditions of security, availability, quality and performance referred to in Article 67(1). 3. eu-LISA shall be responsible for the development of the router and for any technical adaptations necessary for the operations of the router. 4. eu-LISA shall not have access to any of the personal data processed through the router. 5. eu-LISA shall determine the design of the physical architecture of the router, including its secure communication infrastructure and the technical specifications, and its evolution as regards the central infrastructure and the secure communication infrastructure. eu-LISA’s Management Board shall approve the design, subject to a favourable opinion of the Commission. eu-LISA shall also implement any necessary adaptations to the interoperability components deriving from the establishment of the router as provided for by this Regulation. 6. eu-LISA shall develop and implement the router as soon as possible after the adoption by the Commission of the measures provided for in Article 37(6). That development shall consist of the elaboration and implementation of the technical specifications, testing and overall project management and coordination. 7. During the design and development phase, the Programme Management Board referred to in Article 54 of Regulation (EU) 2019/817 and in Article 54 of Regulation (EU) 2019/818 shall meet regularly. It shall ensure the adequate management of the design and development phase of the router. Every month, the Programme Management Board shall submit written reports on the progress of the project to eu-LISA’s Management Board. The Programme Management Board shall not have decision-making powers or any mandate to represent the members of eu-LISA’s Management Board. The Interoperability Advisory Group referred to in Article 78 shall meet regularly until the start of operations of the router. It shall report after each meeting to the Programme Management Board. It shall provide technical expertise to support the tasks of the Programme Management Board and shall follow up on the state of preparation of the Member States.
Responsibilities of eu-LISA following the start of operations of the router
1. Following the start of operations of the router, eu-LISA shall be responsible for the technical management of the central infrastructure of the router, including its maintenance and technological developments. In cooperation with Member States, it shall ensure that the best available technology is used, subject to a cost-benefit analysis. eu-LISA shall also be responsible for the technical management of the necessary communication infrastructure. Technical management of the router shall consist of all the tasks and technical solutions necessary to keep the router functioning and providing uninterrupted services to Member States and to Europol 24 hours a day, 7 days a week in accordance with this Regulation. It shall include the maintenance work and technical developments necessary to ensure that the router functions at a satisfactory level of technical quality, in particular as regards availability and the response time for submitting requests to the national databases and Europol data in accordance with the technical specifications. The router shall be developed and managed in such a way as to ensure swift, efficient and controlled access, full and uninterrupted availability, and a response time in line with the operational needs of the Member States’ competent authorities and Europol. 2. Without prejudice to Article 17 of the Staff Regulations of Officials of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 18 ) , eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality to its staff required to work with data stored in the router. That obligation shall also apply after such staff leave office or employment or after the termination of their activities. eu-LISA shall not have access to any of the personal data processed through the router. 3. eu-LISA shall perform tasks related to the provision of training on the technical use of the router.
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.