Updated 18.01.2019 […] 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) identification of a person: identification: #883. (a) number of queries per user of the ESP profile; (a) number of queries per user of the ESP profile; (a) number of queries per user of the ESP profile; Provisionally agreed (a) number of queries per user of the ESP profile; #884. (b) number of queries to each of the Interpol databases. (b) number of queries to each of the Interpol databases. (b) number of queries to each of the Interpol databases. Provisionally agreed (b) number of queries to each of the Interpol databases. #885. 2. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the common identity repository, solely for the purposes of reporting and statistics without enabling individual identification: 2. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the common identity repository, solely for the purposes of reporting and statistics without enabling individual. The use of these data shall not allow for the identification of a person: 2. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the common identity repository (CIR), solely for the purposes of reporting and statistics without enabling individual identification: Provisionally agreed 2. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the common identity repository (CIR), solely for the purposes of reporting and statistics without enabling individual identification: #886. (a) number of queries for the purposes of Articles 20, 21 and 22; (a) number of queries for the purposes of Articles 20, 21 and 22; (a) number of queries for the purposes of Articles 20, 21 and 22; Provisionally agreed (a) number of queries for the purposes of Articles 20, 21 and 22; #887. (b) nationality, sex and year of birth of the person; (b) nationality, sex and year of birth of the person; (b) nationality, sex gender and year of birth of the person; Provisionally agreed (b) nationality, sex gender 388

Updated 18.01.2019 […] 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) and year of birth of the person; #888. (c) the type of the travel document and the three-letter code of the issuing country; (c) the type of the travel document and the three-letter code of the issuing country; (c) the type of the travel document and the three-letter code of the issuing country; Provisionally agreed (c) the type of the travel document and the three-letter code of the issuing country; #889. (d) the number of searches conducted with and without biometric data. (d) the number of searches conducted with and without biometric data. (d) the number of searches conducted with and without biometric data. Provisionally agreed (d) the number of searches conducted with and without biometric data. #890. 3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple-identity detector, solely for the purposes of reporting and statistics without enabling individual identification: 3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple-identity detector, solely for the purposes of reporting and statistics without enabling individual. The use of these data shall not allow for the identification of a person: 3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple-identity detector (MID), solely for the purposes of reporting and statistics without enabling individual identification: Provisionally agreed 3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple-identity detector (MID), solely for the purposes of reporting and statistics without enabling individual identification: #891. (a) nationality, sex and year of birth of the person; (a) nationality, sex and year of birth of the person; (a) nationality, sex and year of birth of the person; Provisionally agreed (a) nationality, sex and year of birth of the person; #892. (a) (a) (a) Provisionally agreed the type of the travel the type of the travel the type of the travel 389

Updated 18.01.2019 […] 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) document and the three-letter code of the issuing country; document and the three-letter code of the issuing country; document and the three-letter code of the issuing country; (a) the type of the travel document and the three-letter code of the issuing country; #893. (b) the number of searches conducted with and without biometric data; (b) the number of searches conducted with and without biometric data; (c) the number of searches conducted with and without biometric data; Provisionally agreed (c) the number of searches conducted with and without biometric data; #894. (c) the number of each type of link. (c) the number of each type of link. (d) the number of each type of link and the EU information systems between which each link was established;. Provisionally agreed (d) the number of each type of link and the EU information systems between which each link was established;. #895. (da) the number of linkages between the various Union information systems; Provisionally agreed […] Covered by 894 #896. (db) the period of time for which a yellow link remained in the system; Provisionally agreed (db) the period of time for which a yellow and red link remained in the system; #897. (dc) the period of time for which a red link remained in the system. Provisionally agreed […] Covered in 896 390

Updated 18.01.2019 […] 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) #898. #899. 4. The duly authorised staff of the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of 144 the Council shall have access to consult the data referred to in paragraphs 1, 2 and 3 for the purpose of carrying out risk analyses and vulnerability 4. The duly authorised staff of the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of 145 the Council shall have access to consult the data referred to in paragraphs 1, 2 and 3 for the purpose of carrying out risk analyses and vulnerability (e) the period of time a yellow link or a red link remained. Provisionally agreed […] Covered in 896 4. The duly authorised staff of the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of 146 the Council shall have access to consult the data referred to in paragraphs 1, 2 and 3 for the purpose of carrying out risk analyses and vulnerability Provisionally agreed 4. The duly authorised staff of the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and 147 of the Council shall have access to consult the data referred to in paragraphs 1, 2 and 144 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 145 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 146 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 147 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 391

Updated 18.01.2019 […] 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) assessments as referred to in Articles 11 and 13 of that Regulation. assessments as referred to in Articles 11 and 13 of that Regulation. #900. #901. 5. For the purpose of paragraph 1 of this Article, eu- LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enable the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to 5. For the purpose of paragraph 1 of this Article, eu- LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enable the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to assessments as referred to in Articles 11 and 13 of that Regulation. 3 for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of that Regulation. 4a. The duly authorised staff of Europol shall have access to consult the data referred to in paragraphs 1, 2 and 3 for the purpose of carrying out strategic, thematic and operational analyses as referred to in Article 18(2)(b) and (c) of Regulation (EU) 2016/794. To be tested by EP (DS 26/11) 4a. The duly authorised staff of Europol shall have access to consult the data referred to in paragraphs 2 and 3 for the purpose of carrying out strategic, thematic and operational analyses as referred to in Article 18(2)(b) and (c) of Regulation (EU) 2016/794. 5. For the purpose of paragraphs 1, 2 and 3 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enable the identification of individuals, but it shall allow the authorities listed in paragraph 1 Provisionally agreed 5. For the purpose of paragraphs 1, 2 and 3 of this Article, eu-LISA shall store the data referred to in paragraph 1, 2 and 3 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enable the 392

Updated 18.01.2019 […] 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) obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union. of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union. Compromise text proposals (ST 10178/18) obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union. OK for MS (DS 26/11) 5a. Upon request, relevant information shall be made available by the Commission to the Agency for Fundamental Rights in order to evaluate the impact on fundamental rights of this Regulation. 5a. Meaningful summaries shall be made available to the Agency for Fundamental Rights in order to evaluate the impact on fundamental rights of this Regulation. #902. identification of individuals, but it shall allow the authorities listed in paragraph 1, 2 and 3 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union. #903. Article 57 Transitional period for the use of the European search portal Article 57 Transitional period for the use of the European search portal Article 57 Transitional period for the use of the European search portal Article 57 Transitional period for the use of the European search portal #904. For a period of two years from the date the ESP commences operations, the obligations For a period of two years from the date the ESP commences operations, the obligations 1. For a period of two years from the date the ESP commences operations, the obligations Provisionally agreed For a period of two years from the date the ESP commences 393

Updated 18.01.2019 […] 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) referred to in Article 7(2) and (4) shall not apply and the utilisation of the ESP shall be optional. referred to in Article 7(2) and (4) shall not apply and the utilisation of the ESP shall be optional. Compromise text proposals (ST 10178/18) referred to in Article 7(2) and (4) shall not apply and the utilisation of the ESP shall be optional. operations, the obligations referred to in Article 7(2) and (4) shall not apply and the utilisation of the ESP shall be optional. Provisionally agreed - outcome of trilogue 13/12 2. The Commission, after consulting the Member States and eu-LISA, 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 maximum 1 year when the an assessment of the practical implementation of the ESP showed that it is necessary to extend this period especially because of the impact of the introduction of the ESP on the organisation and duration of border checks. where [conditions A, B,... are fulfilled] in order to [achieve objectives X, 394

Updated 18.01.2019 […] 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) Y,...]. NB: see ETIAS Regulation (Article 83(1) and (2) 395

Updated 18.01.2019 […] 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) #905. #906. Article 58 Transitional period applicable to the provisions on access to the common identity repository for law enforcement purposes Article 58 Transitional period applicable to the provisions on access to the common identity repository for law enforcement purposes 2. Following the period referred to in paragraph 1, the Commission, in close cooperation with Member States and eu-LISA, shall assess the impact of the ESP on border checks. 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 until any potential technical issue linked to the ESP has been solved. Provisionally agreed - outcome of trilogue 13/12 […] Article 58 Transitional period applicable to the provisions on access to the common identity repository for law enforcement purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences Provisionally agreed Article 58 Transitional period applicable to the provisions on access to the common identity repository for law enforcement purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences 396

Updated 18.01.2019 […] 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) #907. Article 22, points 13, 14, 15 and 16 of Article 55b and Article 55e shall apply from the date of the start of operations referred to in Article 62(1). Article 22, points 13, 14, 15 and 16 of Article 55b and Article 55e shall apply from the date of the start of operations referred to in Article 62(1). Article 22, points 13, 14, 15, 16 and 16a of Article 55b, and Article 55e and points 14 and 15 of Article 15f shall apply from the date of the start of operations referred to in Article 62(1). Provisionally agreed Article 22, points 13, 14, 15, 16 and 16a of Article 55b, and Article 55e and points 14 and 15 of Article 15f shall apply from the date of the start of operations referred to in Article 62(1). #908. Article 59 Transitional period for the multiple-identity detection Article 59 Transitional period for the multiple-identity detection Article 59 Transitional period for the multiple-identity detection Article 59 Transitional period for the multiple-identity detection #909. 1. For a period of one year following the notification by eu- LISA of the completion of the test referred to in Article 62(1)(b) regarding the multiple-identity detector (MID) and before the start of operations of the MID, the ETIAS Central Unit as referred to in [Article 33(a) of Regulation (EU) 2016/1624] shall be responsible for carrying out a multiple-identity detection between the data stored in the VIS, Eurodac and the SIS. The multiple-identity detections shall 1. For a period of one year following the notification by eu- LISA of the completion of the test referred to in Article 62(1)(b) regarding the multiple-identity detector (MID) and before the start of operations of the MID, the ETIAS Central Unit as referred to in [Article 33(a) of Regulation (EU) 2016/1624] shall be responsible for carrying out a multiple-identity detection between the data stored in the VIS, Eurodac, and the the EES and SIS. The multiple-identity 1. For a period of one year following the notification by eu- LISA of the completion of the test referred to in Article 62(1)(b) regarding the multiple-identity detector (MID) and before the start of operations of the MID, the ETIAS Central Unit as referred to in [Article 33(a) of Regulation (EU) 2016/1624] shall be responsible for carrying out a multiple-identity detection between the data stored in the EES, VIS, Eurodac and the SIS. The multiple-identity detections Provisionally agreed 1. For a period of one year following the notification by eu- LISA of the completion of the test referred to in Article 62(1)(b) regarding the multiple- identity detector (MID) and before the start of operations of the MID, the ETIAS Central Unit as referred to in [Article 33(a) of Regulation (EU) 2016/1624] shall be responsible for carrying out a multiple- identity detection between the data stored in the EES, VIS, 397