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 text proposal (OK for MS) 2a. Without prejudice to further funding for this purpose from other sources of the general budget of the European Union, an amount of EUR 32.077.000 will be mobilised from the envelope of EUR 791 million foreseen under Article 5(5) point (b) of the ISF Borders and 114 Visa Regulation to cover the costs of implementation of this Regulation, as foreseen under paragraphs 1 and 2. 2b. From the envelope referred to in the preceding paragraph, EUR 22.861.000 will be allocated to eu-LISA, EUR 9.072.000 will be allocated to Europol, and EUR 144.000 will be allocated to CEPOL, to support these agencies in 114 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (OJ L 150, 20.5.2014, p. 143). 397

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) performing their respective tasks in line with the requirements of this Regulation. Such funding shall be implemented under indirect management. #932. 3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, 3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, 3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, Provisionally agreed 3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each 398

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) respectively. respectively. respectively. Member State and Europol, respectively. #933. Article 61 Notifications Article 61 Notifications Article 61 Notifications Article 61 Notifications #934. 1. The Member States shall notify eu-LISA of the authorities referred to in Articles 7, 20, 21 and 26 that may use or have access to the ESP, the CIR and the MID respectively. 1. The Member States shall notify eu-LISA of the authorities referred to in Articles 7, 20, 21 and 26 that may use or have access to the ESP, the CIR and the MID respectively. 1. The Member States shall notify eu-LISA of the authorities referred to in Articles 7, 20, 21 and 26 that may use or have access to the ESP, the CIR and the MID respectively. Provisionally agreed 1. The Member States shall notify eu-LISA of the authorities referred to in Articles 7, 20, 21 and 26 that may use or have access to the ESP, the CIR and the MID respectively. #935. A consolidated list of those authorities shall be published in the Official Journal of the European Union within a period of three months from the date on which each interoperability component commenced operations in accordance with Article 62. Where there are amendments to the list, eu-LISA shall publish an updated consolidated list once a year. A consolidated list of those authorities shall be published in the Official Journal of the European Union within a period of three months from the date on which each interoperability component commenced operations in accordance with Article 62. Where there are amendments to the list, eu-LISA shall publish an updated consolidated list once a year. The list shall include the date of notification for each authority listed. A consolidated list of those authorities shall be published in the Official Journal of the European Union within a period of three months from the date on which each interoperability component commenced operations in accordance with Article 62. Where there are amendments to the list, eu-LISA shall publish an updated consolidated list once a year. Provisionally agreed A consolidated list of those authorities shall be published in the Official Journal of the European Union within a period of three months from the date on which each interoperability component commenced operations in accordance with Article 62. Where there are amendments to the list, eu-LISA shall publish an updated consolidated list once a year 399

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) #936. 2. eu-LISA shall notify the Commission of the successful completion of the test referred to in Article 62(1)(b). 2. eu-LISA shall notify the Commission of the successful completion of the test referred to in Article 62(1)(b). 2. eu-LISA shall notify the Commission of the successful completion of the test referred to in Article 62(1)(b). Provisionally agreed 2. eu-LISA shall notify the Commission of the successful completion of the test referred to in Article 62(1)(b). #937. 3. The ETIAS Central Unit shall notify the Commission of the successful completion of the transitional measure laid down in Article 59. 3. The ETIAS Central Unit shall notify the Commission of the successful completion of the transitional measure laid down in Article 59. 3. The ETIAS Central Unit shall notify the Commission of the successful completion of the transitional measure laid down in Article 59. Provisionally agreed 3. The ETIAS Central Unit shall notify the Commission of the successful completion of the transitional measure laid down in Article 59. #938. 4. The Commission shall make available to the Member States and the public, by a constantly updated public website, the information notified pursuant to paragraph 1. 4. The Commission shall make available to the Member States and the public, by a constantly updated public website, the information notified pursuant to paragraph 1. 4. The Commission shall make available to the Member States and the public, by a constantly updated public website, the information notified pursuant to paragraph 1. Provisionally agreed 4. The Commission shall make available to the Member States and the public, by a constantly updated public website, the information notified pursuant to paragraph 1. 400

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) #939. Article 62 Start of operations Article 62 Start of operations Article 62 Start of operations Article 62 Start of operations - At the TM on 10/1, EP explained that since the co- legislators were put under pressure to adopt IO quickly, it is only legitimate that the EP wants to be informed about the timeline of the roll-out of IO. Therefore, a date for the start of operations should be included. COM suggested that a date be included in a joint political statement by all 3 institutions, instead of specifying it in the Regulation. A reporting by COM on the progress made in developing the components could also be included in the Regulation. - EP would also like to include in Article 69 a provision similar to Article 73 EES and Article 96 ETIAS to list the measures which are immediately applicable or not. >> EP asked COM to prepare 401

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) a compromise text for this Article. #940. 1. The Commission shall decide the date from which each interoperability component is to start operations, after the following conditions are met: 1. No later than five years after the entry into force of this Regulation, the Commission shall decide adopt a decision setting the date from on which each interoperability component is to start operations, after the following conditions are met: 1. The Commission shall decide the date from which each interoperability component is to start operations, after the following conditions are met: #941. (a) the measures referred to in Articles 8(2), 9(7), 28(5) and (6), 37(4), 38(4), 39(5) and 44(5) have been adopted; (a) the measures referred to in Articles 8(2), 9(7), 28(5) and (6), 37(4), 38(4), 39(5) and 44(5) have been adopted; (a) the measures referred to in Articles 8(2), 9(7), 13(5), 28(5), (5a) and (76), 32(4a), 33(4a), 37(4), 38(4), 39(5), and 44(5), 57(2) and 59(10), 68(7a) have been adopted; #942. (b) eu-LISA has declared the successful completion of a comprehensive test of the relevant interoperability component, which is to be conducted by eu-LISA in cooperation with the Member States; (b) eu-LISA has declared the successful completion of a comprehensive test of the relevant interoperability component, which is to be conducted by eu-LISA in cooperation with the Member States, the ETIAS Central Unit and Europol; (b) eu-LISA has declared the successful completion of a comprehensive test of the relevant interoperability component, which is to be conducted by eu-LISA in cooperation with the Member States, the ETIAS Central Unit and Europol; To be discussed by Legal Services (see also line 975) Presidency compromise proposal (to be tested by EP) (b) eu-LISA has declared the successful completion of a comprehensive test of the relevant interoperability component and of the automated data quality control mechanisms, which is to be conducted by eu-LISA in 402

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) cooperation with the Member States, the ETIAS Central Unit and Europol; #943. (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19, 34 and 39 and have notified them to the Commission; (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19, 34 and 39 and have notified them to the Commission; (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19 18, 34 and 39 and have has notified them to the Commission; Provisionally agreed (c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19 18, 34 and 39 and have has notified them to the Commission; #944. (d) the Member States have notified the Commission as referred to in Article 61(1); (d) the Member States have notified the Commission as referred to in Article 61(1); (d) the Member States have notified the Commission as referred to in Article 61(1); Provisionally agreed (d) the Member States have notified the Commission as referred to in Article 61(1); #945. (e) for the multiple-identity detector, the ETIAS Central Unit has notified the Commission as referred to in Article 61(3). (e) for the multiple-identity detector, the ETIAS Central Unit has notified the Commission as referred to in Article 61(3). (e) for the multiple-identity detector, the ETIAS Central Unit has notified the Commission as referred to in Article 61(3). Provisionally agreed (e) for the multiple-identity detector, the ETIAS Central Unit has notified the Commission as referred to in Article 61(3). #946. Outcome DS 8/1 (OK for EP and OK for MS) The ESP shall only query the Interpol databases where the 403

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) technical arrangements allow to fulfil the requirements referred to in Article 9(5). The impossibility to fulfil this requirement shall result in the ESP not querying the Interpol databases but shall not delay the start of operations of the ESP. #947. # The date referred to in the first subparagraph shall be set for within 30 days from the decision of the Commission. EP text proposal 13/01 X. The Commission shall closely 1a. By way of derogation from paragraph 1, the measures referred to in Article 37 shall apply as of ... [one year after the entry into force of this Regulation]. fulfilment of the conditions set monitor the process of gradual out in paragraph 1 and shall inform the European Parliament and the Council about the outcome of the verification referred to in that paragraph. NB: paragraph similar to Art 79 SIS police (the Police text uses the word verification, might be 404

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) good to add “verification” to Art 62(1) if this paragraph is inserted in IO Regulation) #948. 2. The Commission shall inform the European Parliament and the Council of the results of the test carried out pursuant to paragraph 1(b). 2. The Commission shall inform the European Parliament and the Council of the results of the test carried out pursuant to paragraph 1(b). 2. The Commission shall inform the European Parliament and the Council of the results of the test carried out pursuant to paragraph 1(b). Provisionally agreed 2. The Commission shall inform the European Parliament and the Council of the results of the test carried out pursuant to paragraph 1(b). #949. 3. The Commission decision referred to in paragraph 1 shall be published in the Official Journal of the European Union. 3. The Commission decision referred to in paragraph 1 shall be published in the Official Journal of the European Union. 3. The Commission decision referred to in paragraph 1 shall be published in the Official Journal of the European Union. Provisionally agreed 3. The Commission decision referred to in paragraph 1 shall be published in the Official Journal of the European Union. #950. 4. The Member States and Europol shall start using the interoperability components from the date determined by the Commission in accordance with paragraph 1. 4. The Member States and Europol shall start using the interoperability components from the date determined by the Commission in accordance with paragraph 1. 4. The Member States, the ETIAS Central Unit and Europol shall start using the interoperability components from the date determined by the Commission in accordance with paragraph 1. Outcome DS 15/1 (to be tested by EP) 4. The Member States, the ETIAS Central Unit and Europol shall start using the interoperability components from the date determined by the Commission in accordance with paragraph 1. 405

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) #951. Article 63 Exercise of the delegation Article 63 Exercise of the delegation Article 63 Exercise of the delegation Article 63 Exercise of the delegation #952. 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Provisionally agreed 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. #953. 2. The power to adopt delegated acts referred to in Articles 8(2) and 9(7) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation]. 2. The power to adopt delegated acts referred to in Articles 8(2), and 9(7), 28(5) and 39(5) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation]. 2. The power to adopt delegated acts referred to in Articles 8(2), and 9(7) 57(2) and 59(10) shall be conferred on the Commission for an indeterminate a period of five years time from [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the Provisionally agreed - outcome of trilogue 13/12 2. The power to adopt delegated acts referred to in Articles 8(2), and 9(7) 28(5), 39(5), 57 and 59(10) shall be conferred on the Commission for an indeterminate a period of five years time from [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be 406