Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) detections shall be carried out using only biometric data in accordance with Article 27(2) of this Regulation. shall be carried out using only biometric data in accordance with Article 27(2) of this Regulation. Compromise text proposals (ST 10178/18) be carried out using only biometric data in accordance with Article 27(2) of this Regulation. Provisionally agreed – outome of the trilogue (13/12) […] 1a. Following the period referred to in paragraph 1, the Commission shall, in close cooperation with the ETIAS Central Unit, create a network of liaison officers to be hosted in the ETIAS Central Unit or single points of contact of the competent Member States’ authorities for the performance of the task laid down in this Article. #910. Eurodac and the SIS. The multiple-identity detections shall be carried out using only biometric data in accordance with Article 27(2) of this Regulation. #911. 2. Where the query reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. 2. Where the query reports one or several hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. 2. Where the query reports one or several match(es) hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. Provisionally agreed 2. Where the query reports one or several match(es) hit(s) and the identity data of the linked files is identical or similar, a white link shall be created in accordance with Article 33. #912. Where the query reports one or Where the query reports one or Where the query reports one or Provisionally agreed 387

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. several hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. several match(es) hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. Where the query reports one or several match(es) hit(s) and the identity data of the linked files cannot be considered as similar, a yellow link shall be created in accordance with Article 30 and the procedure referred to in Article 29 shall apply. #913. Where several hits are reported, a link shall be created to each piece of data triggering the hit. Where several hits are reported, a link shall be created to each piece of data triggering the hit. Where several hits matches are reported, a link shall be created to each piece of data triggering the hit match. Provisionally agreed Where several hits matches are reported, a link shall be created to each piece of data triggering the hit match. #914. 3. Where a yellow link is created, the MID shall grant access to the identity data present in the different information systems to the ETIAS Central Unit. 3. Where a yellow link is created, the MID shall grant access to the identity data present in the different information systems to the ETIAS Central Unit. 3. Where a yellow link is created, the MID shall grant access to the identity data present in the different information systems to the ETIAS Central Unit. Provisionally agreed 3. Where a yellow link is created, the MID shall grant access to the identity data present in the different information systems to the ETIAS Central Unit. #915. 4. Where a link is created to an alert in the SIS, other than a refusal of entry alert or an alert on a travel document reported lost, stolen or invalidated in accordance with Article 24 of the 4. Where a link is created to an alert in the SIS, other than a refusal of entry alert or an alert on a travel document reported lost, stolen or invalidated in accordance with Article 24 of the 4. Where a link is created to an alert in the SIS, other than a refusal of entry or return alert or an alert on a travel document reported lost, stolen or invalidated in accordance with Provisionally agreed 4. Where a link is created to an alert in the SIS, other than a refusal of entry or return alert or an alert on a travel document Compromise text proposals (ST 10178/18) 388

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) Regulation on SIS in the field of border checks and Article 38 of the Regulation on SIS in the field of law enforcement respectively, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert. Regulation on SIS in the field of border checks and Article 38 of the Regulation on SIS in the field of law enforcement respectively, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert. Articles 24 and 25 of the Regulation on SIS in the field of border checks, Article 3 of the Regulation on the use of SIS for the return of illegaly staying third-country nationals and Article 38 of the Regulation on SIS in the field of law enforcement police cooperation and judicial cooperation in criminal matters respectively, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert. reported lost, stolen or invalidated in accordance with Articles 24 and 25 of the Regulation on SIS in the field of border checks, Article 3 of the Regulation on the use of SIS for the return of illegaly staying third-country nationals and Article 38 of the Regulation on SIS in the field of law enforcement police cooperation and judicial cooperation in criminal matters respectively, the MID shall grant access to the identity data present in the different information systems to the SIRENE Bureau of the Member State that created the alert. 5. The ETIAS Central Unit or the SIRENE Bureau of the Member State that created the alert shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall update the link in accordance 5. The ETIAS Central Unit or the SIRENE Bureau of the Member State that created the alert shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall update the link in accordance 5. The ETIAS Central Unit or the SIRENE Bureau of the Member State that created the alert shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall update the link in accordance Provisionally agreed 5. The ETIAS Central Unit or the SIRENE Bureau of the Member State that created the alert shall have access to the data contained in the identity confirmation file and shall assess the different identities and shall Compromise text proposals (ST 10178/18) #916. 389

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) with Articles 31, 32 and 33 and add it to the identity confirmation file. with Articles 31, 32 and 33 and add it to the identity confirmation file. Compromise text proposals (ST 10178/18) with Articles 31, 32 and 33 and add it to the identity confirmation file. #918. To be tested with MS (DS 26/11) 5a. The ETIAS Central Unit shall only notify the Commission in accordance with Article 61(3) once all yellow links have been verified and updated either into green, white or red links. 5a. Notification under Article 61(3) shall only be made once all yellow links have been verified and changed either into a green or into a red link. #917. 6. eu-LISA shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article. 6. eu-LISA shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article. update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file. 6. eu-LISA Member States shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article. Provisionally agreed 6. eu-LISA Member States shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article. 390

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) Compromise text proposals (ST 10178/18) #919. 7. Where a red link is created between data in the CIR, the identity confirmation file including the red link shall be stored in the MID at least for three years or for as long as the corresponding data are stored in at least one of the EU information systems. Provisionally agreed - outcome of trilogue 13/12 […] #920. 8. Where a red link is created between data in the CIR, the linked data referred to in Article 18(1), (2) and (2a) shall be stored in the CIR at least for three years or for as long as the corresponding data are stored in at least one of the EU information systems. Provisionally agreed - outcome of trilogue 13/12 […] #921. 9. Where a red link is created between data in the CIR and the SIS, the linked data referred to in Article 18(1), (2) and (2a) shall be stored in the CIR for as long as the corresponding data are stored in the SIS. Provisionally agreed - outcome of trilogue 13/12 […] 391

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) Compromise text proposals (ST 10178/18) #922. 10. Following the period referred to in paragraph 1, the Commission, in close cooperation with Member States and the ETIAS Central Unit, shall assess the need to extend the transitional period in which the ETIAS Central Unit performs the tasks referred to in this Article. On the basis of this assessment, and after consultation with the Member States, the Commission may adopt a delegated act in accordance with Article 63 to extend the period referred to in paragraph 1. Provisionally agreed - outcome of trilogue 13/12 The Commission is empowered to a adopt a delegated act in accordance with Article 63 to once extend the period referred to in paragraph 1 by no longer than 1 year six months, renewable twice by six months each time, where an assessment of the estimated completion time [OR estimation of the expected completion time] for the multiple identity detection referred to in this Article, carried out no later than three months before the expiry of the deadline referred to in paragraph 1, demonstrates that such deadline cannot be met for reasons independent of eu-LISA and that no corrective measures can be applied, [in order for the multiple identity detection referred to in this Article to be fully executed before the start of operation of the MID]. 392

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) Compromise text proposals (ST 10178/18) COM comment: wording to be clarified to allow COM to adopt a delegated act to extend the retention period for 6 months, renewable twice for six months (so if the COM would use all possibilities, this led to an extension of the transitional period of 6+6+6=18 months) Revised text proposal (OK for MS) The Commission is empowered to a adopt a delegated act in accordance with Article 63 to once extend the period referred to in paragraph 1 by no longer than 1 year six months, renewable twice by six months each time. Such extension shall only be granted where an assessment of the estimated completion time for the multiple identity detection referred to in this Article, carried out no later 393

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) Compromise text proposals (ST 10178/18) than three months before the expiry of either the deadline referred to in paragraph 1 or the deadline of the first two extensions, demonstrates that such deadline cannot be met for reasons independent of the ETIAS Central Unit and that no corrective measures can be applied. #923. Article 60 Costs Article 60 Costs Article 60 Costs #924. 1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service, the common identity repository (CIR) and the MID shall be borne by the general budget of the Union. 1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service, the common identity repository (CIR) and the MID shall be borne by the general budget of the Union. 1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service (BMS), the common identity repository (CIR) and the MID shall be borne by the general budget of the Union. #925. 1a. The cost incurred in connection with the establishment and operation of a central Union backup solution Article 60 Costs Provisionally agreed 1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service (BMS), the common identity repository (CIR) and the MID shall be borne by the general budget of the Union. Provisionally agreed (trilogue 15/11) […] 394

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) 2. Costs incurred in connection with the integration of the existing national infrastructures and their connection to the national uniform interfaces as well as in connection with hosting the national uniform interfaces shall be borne by the general budget of the Union. Provisionally agreed 2. Costs incurred in connection with the integration of the existing national infrastructures and their connection to the national uniform interfaces as well as in connection with hosting the national uniform interfaces shall be borne by the general budget of the Union. Compromise text proposals (ST 10178/18) #926. 2. Costs incurred in connection with the integration of the existing national infrastructures and their connection to the national uniform interfaces as well as in connection with hosting the national uniform interfaces shall be borne by the general budget of the Union. for each system indicated in paragraph 1, where necessary, shall be borne by the general budget of the Union. 2. Costs incurred in connection with the integration of the existing national infrastructures and their connection to the national uniform interfaces as well as in connection with hosting the national uniform interfaces shall be borne by the general budget of the Union. #927. The following costs shall be excluded: The following costs shall be excluded: The following costs shall be excluded: Provisionally agreed The following costs shall be excluded: #928. (a) Member States’ project management office (meetings, missions, offices); (a) Member States’ project management office (meetings, missions, offices); (a) Member States’ project management office (meetings, missions, offices); Provisionally agreed (a) Member States’ project management office (meetings, missions, offices); #929. (b) hosting of national IT systems (space, implementation, (b) hosting of national IT systems (space, implementation, (b) hosting of national IT systems (space, implementation, Provisionally agreed (b) hosting of national IT 395

Updated 15.01.2019 […] means that there will be no text in this line - 'DS' means drafting session with EP and COM - 'TM' means technical meeting with EP and COM Amended Commission EP Council negotiation mandate proposal amendments (ST 11312/18) Compromise text proposals (ST 10178/18) electricity, cooling); electricity, cooling); electricity, cooling); systems (space, implementation, electricity, cooling); #930. (c) operation of national IT systems (operators and support contracts); (c) operation of national IT systems (operators and support contracts); (c) operation of national IT systems (operators and support contracts); Provisionally agreed (c) operation of national IT systems (operators and support contracts); #931. (d) design, development, implementation, operation and maintenance of national communication networks. (d) design, development, implementation, operation and maintenance of national communication networks. (d) design, development, implementation, operation and maintenance of national communication networks. Provisionally agreed (d) design, development, implementation, operation and maintenance of national communication networks. 396