Amendments to Regulation (EU) 2019/818
Article 2
Regulation (EU) 2019/818 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 shall use the ESP to search data related to persons or their travel documents in the central systems of Eurodac and ECRIS-TCN 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 ESP to query the CIR 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 CIR, creating an individual file for each person that is registered in the EES, VIS, ETIAS, Eurodac or ECRIS-TCN containing the data referred to in Article 18, is established for the purposes of facilitating and assisting in the correct identification or verification of identity of persons registered in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN 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 EES, VIS, ETIAS 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 CIR to query the CIR for the purposes of identifying a person pursuant to Article 20 or of identifying or verifying the 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 CIR users shall be notified by eu-LISA in an automated manner.’ ; (3) in Article 18, paragraph 3 is replaced by the following: ‘3. The authorities accessing the CIR 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 the identification or verification of identity in accordance with Regulation (EU) 2024/1356 1. Queries of the CIR shall be carried out by the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356 of the European Parliament and of the Council ( *2 ) , solely for the purpose of identifying or verifying the identity of a person in accordance with 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 CIR, the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356, shall have access to consult the data referred to in Article 18(1) of this Regulation as well as the data referred to in Article 18(1) of Regulation (EU) 2019/817 of the European Parliament and the Council. ( *2 ) 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 29 of Regulation (EU) 2019/816, eu-LISA shall keep logs of all data processing operations in the CIR in accordance with paragraphs 2, 2a, 3 and 4 of this Article.’ ; (b) the following paragraph is inserted: ‘2a. eu-LISA shall keep logs of all data processing operations pursuant to Article 20a in the CIR. Those logs shall include the following: (a) the Member State launching the query; (b) the purpose of access of the user querying via the CIR; (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 CIR 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.’.