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) 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 408

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) 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 409

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) #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. 410

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) #939. Article 62 Start of operations Article 62 Start of operations Article 62 Start of operations #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 (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 (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 Article 62 Start of operations Please ignore the texts in lines 939 to 950 and consider the separate text proposals sent by email on 18/01 at 9:55 Presidency compromise proposal (to be tested by EP) (b) eu-LISA has declared the successful completion of a comprehensive test of the 411

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) cooperation with the Member States; cooperation with the Member States, the ETIAS Central Unit and Europol; cooperation with the Member States, the ETIAS Central Unit and Europol; relevant interoperability component and of the automated data quality control mechanisms, which is to be conducted by eu-LISA in 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). 412

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) Outcome DS 8/1 (OK for EP and OK for MS) The ESP shall only query the Interpol databases where the 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. #946. #947. The date referred to in the first subparagraph shall be set for within 30 days from the decision of the Commission. # 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]. EP text proposal 13/01 X. The Commission shall closely monitor the process of gradual fulfilment of the conditions set 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 good to add “verification” to Art 62(1) if this paragraph is inserted 413

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) 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. 414

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) #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 European Parliament or the Council opposes such extension 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 tacitly extended for periods of an identical duration, unless the 415

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) not later than three months before the end of each period. 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 accordance with the principles laid down in the Interinstitutional 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Provisionally agreed 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in 416

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) Agreement on Better Law- Making of 13 April 2016. Agreement on Better Law- Making of 13 April 2016. 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. #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 [two months] at the initiative of the European Parliament or of the 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 extended by [two months] at the initiative of the European 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 extended by [two months] at the initiative of the 417