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) European Parliament or the Council opposes such extension not later than three months before the end of each period. tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. NB: see Article 89(2) ETIAS Regulation #954. 3. The delegation of power referred to in Articles 8(2) and 9(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3. The delegation of power referred to in Articles 8(2), and 9(7), 28(5) and 39(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3. The delegation of power Articles to be checked when text referred to in Articles 8(2) and is stable 9(7) 57(2) and 59(10) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. #955. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in Provisionally agreed 4. Before adopting a delegated act, the Commission 407

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) accordance with the principles laid down in the Interinstitutional Agreement on Better Law- Making of 13 April 2016. accordance with the principles laid down in the Interinstitutional Agreement on Better Law- Making of 13 April 2016. accordance with the principles laid down in the Interinstitutional Agreement on Better Law- Making of 13 April 2016. shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law- Making of 13 April 2016. #956. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. Provisionally agreed 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. #957. 6. A delegated act adopted pursuant to Articles 8(2) and 9(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 6. A delegated act adopted pursuant to Articles 8(2), and 9(7), 28(5) and 39(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be 6. A delegated act adopted Articles to be checked when text pursuant to Articles 8(2) and 9(7) is stable 57(2) and 59(10) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be 408 Compromise text proposals (ST 10178/18)

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) [two months] at the initiative of the European Parliament or of the Council. extended by [two months] at the initiative of the European Parliament or of the Council. extended by [two months] at the initiative of the European Parliament or of the Council. #958. Article 64 Committee procedure Article 64 Committee procedure Article 64 Committee procedure Article 64 Committee procedure #959. 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Provisionally agreed 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. #960. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. Provisionally agreed - outcome of trilogue 13/12 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. NB: see Article 90(2) ETIAS 409

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) Regulation #961. Article 65 Advisory group Article 65 Advisory group Article 65 Advisory group Article 65 Advisory group #962. An Advisory Group shall be established by eu-LISA in order to provide it with the expertise related to interoperability, in particular in the context of the preparation of its annual work programme and its annual activity report. During the design and development phase of the interoperability instruments, Article 52(4) to (6) shall apply. An Advisory Group shall be established by eu-LISA in order to provide it with the expertise related to interoperability, in particular in the context of the preparation of its annual work programme and its annual activity report. During the design and development phase of the interoperability instruments, Article 52(4) to (6) shall apply. An Advisory Group shall be established by eu-LISA in order to provide it with the expertise related to interoperability, in particular in the context of the preparation of its annual work programme and its annual activity report. During the design and development phase of the interoperability instruments, Article 52(4) to (6) shall apply. Provisionally agreed An Advisory Group shall be established by eu-LISA in order to provide it with the expertise related to interoperability, in particular in the context of the preparation of its annual work programme and its annual activity report. During the design and development phase of the interoperability instruments, Article 52(4) to (6) shall apply. #963. Article 66 Training Article 66 Training Article 66 Training Article 66 Training #964. eu-LISA shall perform tasks related to the provision of training on the technical use of the interoperability components in accordance with Regulation (EU) No 1077/2011. eu-LISA shall perform tasks related to the provision of training on the technical use of the interoperability components in accordance with Regulation (EU) No 1077/2011. 1. eu-LISA shall perform tasks related to the provision of training on the technical use of the interoperability components in accordance with Regulation (EU) No 1077/2011. Provisionally agreed 1. eu-LISA shall perform tasks related to the provision of training on the technical use of the interoperability components in accordance with Regulation 410

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) (EU) No 1077/2011. #965. Member States and Union agencies shall organise for their staff authorised to process data from the interoperability components, appropriate training programme about data security, data quality, data protection rules and the procedures of the data processing. Provisionally agreed - outcome of trilogue 13/12 Member States and Union agencies shall organise for their staff authorised to process data from the interoperability components, appropriate training programme about data security, data quality, data protection rules, and the procedures of the data processing and obligations to inform in accordance with Article 32, 33 and 46. EP text proposal 13/01 (slight revision) Member States and Union agencies shall provide their staff authorised to process data from the interoperability components, with appropriate training programme about data security, data quality, data protection rules, and the procedures of the 411

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) data processing and obligations to inform in accordance with Article 32, 33 and 46. #966. Common training courses on data security, data quality, data protection rules and the procedures for data processing shall be organised at Union level at least once a year to enhance cooperation and exchange of best practices between staff of Member States and Union bodies which are authorised to process data from the interoperability components. EP text proposal 13/01 Where appropriate, common training courses on these topics shall be organised at Union level to enhance cooperation and exchange of best practices between staff of Member States and Union agencies which are authorised to process data from the interoperability components. Particular attention shall be paid to the process of multiple identity detection, including the verification of links and the accompanying need to ensure the safeguards in relation to fundamental rights. 412

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) Outcome of DS 8/1 2. The staff of Member State authorities, [the ETIAS […] Central Unit] and Europol, authorised to process data from the interoperability components, shall receive appropriate training about data security, data protection rules and the procedures of data processing, in which particular attention is paid to the process of multiple identity detection, including the verification of links and the accompanying need to ensure the safeguards in relation to fundamental rights. #967. #968. Article 67 Practical handbook Article 67 Practical handbook Article 67 Practical handbook #969. The Commission shall, in close cooperation with the Member States, eu-LISA and other relevant agencies, make available a practical handbook for the implementation and management of the interoperability components. The practical handbook shall provide The Commission shall, in close cooperation with the Member States, eu-LISA and other relevant agencies, update the practical handbooks made available for the EES, VIS, [ETIAS], Eurodac, SIS and [ECRIS-TCN] with information necessary and make available a The Commission shall, in close cooperation with the Member States, eu-LISA and other relevant agencies, make available a practical handbook for the implementation and management of the interoperability components. The practical handbook shall provide Article 67 Practical handbook Outcome DS 15/1 (to be tested by EP) The Commission shall, in close cooperation with the Member States, eu-LISA and other relevant agencies, make available a practical handbook for the implementation and 413

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) practical handbook for the implementation and management of the interoperability components. The practical handbook handbooks shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the updates in accordance with the rules and in the form laid down in the respective legal instruments. The practical handbook on the interoperability components shall be adopted in the form of a recommendation. technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation. Compromise text proposals (ST 10178/18) technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation. #970. The practical handbook should provide guidance to Member States on how to deal with yellow links that are the results of inconsistencies with the identity data contained in ETIAS. Such modalities should not create disproportionate burdens on persons who, without any intention to deceive the authorities, have entered management of the interoperability components. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation. Provisionally agreed [...] 414

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) inaccurate or ambiguous data in ETIAS. #971. Article 68 Monitoring and evaluation Article 68 Monitoring and evaluation Article 68 Monitoring and evaluation Article 68 Monitoring and evaluation Pending discussion in TM 10/1 #972. 1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost- effectiveness, security and quality of service. 1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components and the integration of the existing national infrastructure and connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost-effectiveness, security and quality of service. 1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost- effectiveness, security and quality of service. Outcome DS 15/1 (to be tested with MS and by EP) 1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components and their connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost- effectiveness, security and quality of service. #973. 2. By [Six months after the entry into force of this Regulation — OPOCE, please replace with the actual date] and every six months thereafter during the 2. By [Six months after the 2. By [Six months after the entry into force of this Regulation entry into force of this Regulation — OPOCE, please replace with — OPOCE, please replace with the actual date] and every six the actual date] and every six months thereafter during the EP proposal 13/01 to be tested with MS EP ready to drop this amendment if the compromise in line 972 is 415

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) months thereafter during the development phase of the interoperability components, eu- LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the interoperability components. Once the development is finalised, a That report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and include an overview of the current development of costs and progress of the project, a financial impact assessment, and information on any technical problems and risks that may impact the overall costs, were achieved as well as justifying any divergences of the system to be borne by the general budget of the Union in accordance with Article 60. development phase of the interoperability components, eu- LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the interoperability components. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences. Compromise text proposals (ST 10178/18) development phase of the interoperability components, eu- LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the interoperability components. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences. accepted by MS 2. By [Six months after the entry into force of this Regulation — OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the interoperability components, eu-LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the interoperability components, as well as on the Member States' connection to the national uniform interface. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences. 416