EU: Interoperability of Justice and Home Affairs databases: a "point of no return"

The European Data Protection Supervisor says in his Opinion: "Interoperability is not primarily a technical choice, it is in particular a political choice to be made. Against the backdrop of the clear trend to mix distinct EU law and policy objectives (i.e. border checks, asylum and immigration, police cooperation and now also judicial cooperation in criminal matters) as well as granting law enforcement routine access to non-law enforcement databases, the decision of the EU legislator to make large-scale IT systems interoperable would not only permanently and profoundly affect their structure and their way of operating, but would also change the way legal principles have been interpreted in this area so far and would as such mark a "point of no return". For these reasons, the EDPS calls for a wider debate on the future of the EU information exchange, their governance and the ways to safeguard fundamental rights in this context."

Tony Bunyan, Statewatch Director, comments:

"The time to ring the alarms bells is not when Big Brother is in place but when there are the first signs of its construction"

Latest news & documents added

• Statewatch Observatory: The "Stockholm Programme" - "The Shape of Things to Come" - EU Future Group (link) From 2009 - 2010.

• Article 29 Committee: Opinion on Commission proposals on establishing a framework for interoperability between EU information systems in the field of borders and visa as well as police and judicial cooperation, asylum and migration (pdf)

• EU: Act: Interoperability: Borders and visas: Regulation on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (PE-CONS 30/19, 2 May 2019, pdf)

• EU Act: Interoperability: Police and judicial cooperation, asylum and migration: Regulation on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/...* (PE-CONS 31/19, 2 May 2019, pdf)

• EU: Amended proposal for a Regulation on establishing a framework for interoperability between EU information systems (police and judicial cooperation, asylum and migration) and amending [Regulation (EU) 2018/XX [the Eurodac Regulation],] Regulation (EU) 2018/XX [the Regulation on SIS in the field of law enforcement], Regulation (EU) 2018/XX [the ECRIS-TCN Regulation] and Regulation (EU) 2018/XX [the eu-LISA Regulation] - Outcome of the European Parliament's first reading (Strasbourg, 15 to 18 April 2019) (Council doc: 7751-19, pdf)

• European Parliament: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399,
Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Outcome of the European Parliament's first reading, (Strasbourg, 11 to 14 March 2019) (Council doc no: 7401019, pdf)

• EU: "Interoperable"databases or rather the creation of a centralised Justice and Home Affairs database: First two measures agreed between the Council and the European Parliament - full text of Regulations

• Police cooperation, asylum and migration: Regulation on establishing a framework for interoperability between EU information systems (police and judicial cooperation, asylum and migration) and amending [Regulation (EU) 2018/XX [the Eurodac Regulation],] Regulation (EU) 2018/XX [the Regulation on SIS in the field of law enforcement], Regulation (EU) 2018/XX [the ECRIS-TCN Regulation] and Regulation (EU) 2018/XX [the eu-LISA Regulation] (326 pages, pdf): Four column document with the Commission proposal, the Council position, the European Parliament position and the a agreed "compromise" text.

• Borders and visa: Regulation on establishing a framework for interoperability between EU information systems (borders and visa) and amending Council Decision 2004/512/EC, Regulation (EC) No 767/2008, Council Decision 2008/633/JHA, Regulation (EU) 2016/399, Regulation (EU) 2017/2226, Regulation (EU) 2018/XX [the ETIAS Regulation], Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks] and Regulation (EU) 2018/XX [the eu-LISA Regulation]xx (437 pages, pdf). Four column document with the Commission proposal, the Council position, the European Parliament position and the a agreed "compromise" text.

• Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation
(EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Mandate for negotiations with the European Parliament (Final consolidated version) (Doc no: 15764-18,110 pages, pdf): "Delegations will find attached in the Annex the final consolidated version of the Council's negotiating mandate with the European Parliament."

• Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation
(EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Mandate for negotiations with the European Parliament (Doc no: 15726-18, 75 pages, pdf): "At its meeting on 19 December 2018, the Permanent Representatives Committee agreed on the mandate for negotiations with the European Parliament, as set out in the Annex."

• Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation
(EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Final Presidency compromise proposals after the fifth examination (LIMITE doc no: 15125-18,, pdf): "In view to the discussions in the Visa Working Party of 11-12 December 2018, delegations will find in the Annex the final Presidency compromise suggestions after the discussions that took place in the Visa Working Party of 28 November 2018."

"As a follow-up to the discussions in the Visa Working Party of 11-12 December 2018, delegations
will find in the Annex the final Presidency compromise suggestions. (...)

Silence procedure

The text in the Annex is going to be submitted to the Permanent Representatives Committee to be
held on 19 December 2018 for obtaining the negotiating mandate, unless Member States raise
substantial objections by 11.00 am, 17 December 2018 in writing (...)

"As regards querying other systems when processing long-stay visas and residence permits, the
Council Legal Service explained that given the fact that holders of residence permits and
long-stay visas are able to move freely in the Schengen area for a period of no more than 90
days in any 180 days, it is possible, on the basis of Article 77 TFEU, to provide that the
queries in other systems be launched for the purpose of assessing applications for long-stay
visas and residence permits (i.e. the queries should not be launched only after the decision has
been taken, as proposed by the Commission). Chapter IIIb of the draft has been restructured
by the Presidency along the lines of this explanation. This received very broad support from
the delegations and probably constitutes the most substantial change in comparison to the
original Commission proposal."

• Council: Final Presidency compromise proposals after the fifth examination (nonconsolidated
version) - Previous version of above document (LIMITE doc no: 15126-18, pdf):

"Delegations will find in the Annex for information the "non-consolidated" version of the final
Presidency compromise proposals which is set out in doc. 15125/18. Coreper on 19 December 2018
should adopt the Council negotiating mandate in this format."

• Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Presidency compromise proposals after the fourth examination (LIMITE doc no: 14350-18, pdf) Covers VIS discussions.

• Council: Interoperability "state of play": Planned centralised "Big Brother" database coming your way by 2023 (Statewatch News)

The Council Presidency has produced a Note on: Interoperability: state of play (LIMITE doc no: 14193-18, pdf) which says that: "The Presidency and the co-rapporteurs [of the European Parliament] are committed to reaching a political agreement on this file by the end of December." [emphasis added throughout]

If this objective is achieved: "it would mean that the entry into operations of the four interoperability components (European Search Portal, shared Biometric Matching Service, Common Identity Repository and Multiple Identity Detector) could be achieved by 2023 if the delegated acts and implementing acts included in the interoperability file are all adopted by 2020."

EU: Interoperability of Justice and Home Affairs databases: a "point of no return"

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