Council of the EU

Public and non-public documents produced by the Council of the EU in relation to the interoperability proposals, and earlier relevant documents.

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2018

• 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 (...)

• Council: xProposal 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 (LIMITE doc no:15505-18, pdf):

"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."

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

• 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."

• Council of the European Union: Common European Asylum System (CEAS): Asylum procedures at the border a sticking point for Member States (Statewatch News) and Reform of the Common European Asylum System (CEAS) is in a mess - disagreement amongst Member States blocking adoption (Statewatch News)

• The Council has produced a Note on: Presidency compromise proposals regarding the recitals (LIMITE doc no: 13799-18, pdf)

•A second document: Latest Presidency compromise proposals after the third examination (LIMITE doc no: 13725-18, 87 pages, pdf). with extensive deletions and insertions particularly resulting from consideration of "amendments" of other revisions to underlying measures (eg: changes to the Eurodac Regulation).

Council discussing its negotiating position on the overarching Regulation, prior to trilogues: Amended proposal for a 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] Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 in SIS in the field of law enforcement], Regulation (EU° 2018/XX [the ECRIS-TCN Regulation] and Regulation 2018/XX [the eu-LISA Regulation] - Mandate for negotiations with the European Parliamentxx (LIMITE doc no: 11312-18,189 pages pdf): This document has no less than 18 previous versions and reflects the fact than a number of measures covered have yet to be agreed. For example:

"On 13 June 2018, the Commission amended the Interoperability Proposals in order to include some further necessary amendments to other legal instruments (ETIAS, SIS, ECRIS-TCN, Eurodac and eu-LISA)."

• Council discussing its negotiating position, prior to trilogues, on: Proposal for a Regulation OF THE COUNCIL 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 first reading (LIMITE doc no: 11778-18, pdf): 78 pages of detailed changes to Commission proposal.

• Council: Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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] (LIMITE doc no: 11019-18, pdf)

• Council: Amended proposal for a 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] (LIMITE doc no: 11018-18, 13 July 2018, pdf)

• Council: Automated Fingerprint Identification System (AFIS) component of the Schengen Information System (SIS) - Implementation of a multiple identity dectector (MID) (10645-18, pdf)

• The various Council Working groups are considering how the new centralised Justice and Home Affairs is going to work within the overall framework which is set out in: Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area: - State of play of its implementation (third implementation report) (LIMITE doc no: 7931-REV-1-18, pdf)

• Council: 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] ( LIMITE dco no: 10617-18, 3 July 2018, pdf)

• Council: 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 and Regulation (EU) 2017/2226 Proposal for a Regulation on establishing a framework for interoperability between EU information systems (police and judicial cooperation, asylum and migration) - Mandate for negotiations with the European Parliament (LIMITE doc no: 9670-18, dated 8 June 2018, pdf): Council draft showing:

"Changes to the Commission proposal are marked in bold italics and strikethrough. New changes to the Commission proposal compared to ST 9504/18 and ST 9505/18 are marked in bold italics underline and strikethrough underline."

"Interoperability of EU information systems in the area of Justice and Home Affairs has been a priority at the highest political level over the past few years (...)

On the basis of the outcome of that discussion, the Presidency believes that the overall compromise on the draft Regulations, as set out in the annexes to this note, is a balanced one and has a broad degree of support by delegations. It therefore invites the Committee to confirm this and to grant the Presidency a mandate to negotiate with the European Parliament on this basis, with a view to reaching an agreement with the European Parliament by the end of 2018."

• Council: Improving security through information sharing: Council agrees negotiating mandate on interoperability (Press release, 14 June 2018, pdf):

On 14 June 2018, the Permanent Representatives Committee (Coreper) endorsed, on behalf of the Council, a mandate for negotiations on two regulations establishing a framework for interoperability between EU information systems in the area of justice and home affairs. On the basis of this mandate, the Council Presidency will start negotiations with the European Parliament once the latter has adopted its position."

• Council : Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area: - State of play of its implementation (third implementation report) (LIMITE doc 7931-18, pdf):

"On 9 June 2016, the Council endorsed a Roadmap to enhance information exchange and information management, including interoperability solutions, in the Justice and Home Affairs (JHA) area. This Roadmap contained a total of fifty short- and medium-term actions, together with long-term orientations, tackling the Union's response to migration and security challenges in the area of information exchange."

• Letter to the Council from Sir Tim BARROW, Permanent Representative of the UK to the EU (LIMITE doc no: 9238-18, pdf). The UK seeking to join the new EU centralised database.

• Council: Proposal for a Regulation on establishing a framework for interoperability between EU information systems (police and judicial cooperation, asylum and migration) - Presidency revised text of provisions specific to this Regulation (LIMITE doc no: 9505-18, 1 June 2018, pdf):

"Changes to the Commission proposal are marked in bold italics and strikethrough.
- New changes to the Commission proposal compared to ST 7652/18 are marked in bold italics underline and strikethrough underline.

Delegations are invited to note that only provisions highlighted in yellow have been amended in this document. The provisions which are common to both interoperability Regulations and which have already been amended in the Regulation relating to borders and visa will be reproduced in this Regulation at a later stage."

• Council: Proposal for a Regulation on establishing a framework for interoperability between EU information systems (borders and visa) (LIMITE doc no: 9504-18, 86 pages, 1 June 2018, pdf):

"Delegations will find hereafter the text of the proposal for the aforementioned Regulation, as revised by the Presidency, based on the outcome of discussions at the JHA Counsellors meeting on interoperability of EU information systems on 28 May 2018, as well as on delegations' written comments."

• Council: Proposal for a Regulation on establishing a framework for interoperability between EU information systems (borders and visa) (LIMITE doc no: 9074-18. 24 May 2018, 69 pages, pdf): The Council discussing its negotiation position: 31 Footnotes including Member States positions:

"Delegations will find hereafter the text of the proposal for the aforementioned Regulation, as revised by the Presidency, based on the outcome of discussions at the JHA Counsellors meeting on interoperability of EU information systems on 18 May 2018, as well as on delegations' written comments."

"Delegations will find hereafter the text of the proposal for the aforementioned Regulation, as revised by the Presidency, based on the outcome of discussions at DAPIX: interoperability of EU information systems on 17-18 April and 2 May 2018, as well as on delegations' written comments. Changes to the Commission proposal are marked in bold italics and strikethrough."

New changes to the Commission proposal compared to ST 7651/18 are marked in bold italics underline and strikethrough underline.

See: 7651-18 (LIMITE doc 13 April 2018, pdf)

• Proposal for a Regulation on establishing a framework for interoperability between EU information systems (borders and visa) (8621/18, LIMITE, 8 May 2018, pdf)

• Delegations: Proposals for Regulations on interoperability - Presidency non-paper (8242/18, 27 April 2018, pdf)

• Proposal for a Regulation on establishing a framework for interoperability between EU information systems (police and judicial cooperation, asylum and migration) - Presidency revised text of provisions specific to this Regulation (LIMITE doc no: 6551-18, 28 February-18, pdf): The Council developing its negotiating position:

"Changes to the Commission proposal are marked in bold italics and strikethrough. Delegations are invited to note that only provisions highlighted in yellow have been amended in this document. The provisions which are common to both interoperability Regulations and which have already been amended in the Regulation relating to borders and visa would be reproduced in this Regulation at a later stage."

• Proposal for a 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 and Regulation (EU) 2017/2226 - Examination of the second Presidency revised text of Articles 1-32 (LIMITE doc no: 6552-18, 28 February 2018, pdf); the Council discussing its negotiating position prior to secret trilogues meetings.

• Proposal for a 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 and Regulation (EU) 2017/2226- Presidency revised text of Articles 33-69 (LIMITE doc no: 6550-18, 28 February 2018, pdf) Council working on developing its negotiating position.

• Interoperability between EU information systems: a) Interoperability Regulation (borders and visa) b) Interoperability Regulation (police and judicial cooperation, asylum and migration) = Policy debate (EU doc no: 6396-18, 26 February 2018, pdf)

• Proposal for a 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 and Regulation (EU) 2017/2226 - Examination of Presidency revised text of Articles 1-32 (LIMITE doc no: 5758-18, 6 February 2018, pdf)

2017

• Non-paper by Frontex on its access to central EU systems for borders and security (LIMITE doc no: 15174-17, 1 December 2017, pdf)

• Implementation of the provisions on information exchange of the "Prüm Decisions" - overview of documents and procedures - overview of declarations - state of play of implementation of automated data exchange (EU doc no: 5081-rev-5-17, 24 November 2017, pdf) and Rev 4 (pdf)

• DAPIX (Friends of Presidency) - Interoperability of EU information systems (EU doc no: 14706-17, 22 November 2017, pdf)

• Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area: - Update following Council Conclusions on interoperability (LIMITE doc no: 12223-rev-3-17, 16 November 2017, pdf) and Rev-2 (LIMITE doc no: 12223-rev-2-17, * November 2017, pdf) and Rev-1 (LIMITE doc no: 12223-Rev-1-17, 23 October 2017, pdf) and 12223-17 (LIMITE doc, 21 September 2017, pdf)

• Possibilities for interoperability between EES and SIS (LIMITE doc no: 12535-17, 4 October 2017, pdf)

• Presidency: To: DAPIX: Friends of Presidency on interoperability of EU information systems (LIMITE doc no: 12258-17, 20-September-2017, pdf)

• Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems - Council conclusions (8 June 2017) (EU doc no: 10151-17, 4 June 2017, pdf)

• Draft Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (EU doc no: 9704-17, 1 June 2017, pdf)

• Draft Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (EU doc no: 9448-17, 1 June 2017, pdf)

• Draft Council Conclusions on the way forward to improve information exchange and ensure the interoperability of EU information systems (LIMITE doc no: 9132-rev-1-17, 23 May 2017, pdf) and 9132-Rev-2-17,(LIMITE doc: 30 May 2017, pdf)

• Discussion paper on interoperability in the light of the recommendations by the High-Level Expert Group on Information Systems and Interoperability (LIMITE doc no: 8797-17, 11 May 2017, pdf)

• Discussion paper in relation to the implementation of Chapter 3 of the Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs Area (LIMITE doc no: 6698-17, 8 March 2017, pdf)

• Overview of the information exchange environment in the justice and home affairs area (EU doc no: 6253-17, 15 February 2017, pdf)

2016

• Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area: - State of play of its implementation (LIMITE doc no: 13554-rev-1-17, 8 November 2016, pdf)

• Information Exchange and Interoperability: a) Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area b) High Level Expert Group on Information Systems and Interoperability c) Evolution of the Schengen Information System (SIS): additional functionalities (LIMITE doc no: 13770-16, 4-November-2016. pdf)

• Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area: - State of play of its implementation (LIMITE doc no: 13554-16, 20 October 2016, pdf)

• Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area: State of play of the implementation of its Actions 1 to 16 (Chapter 2) (EU doc no: 13283-16, 14 October 2016, pdf)

• Europol's updated contribution on its short-term activities in the implementation of the Roadmap on information exchange and interoperability (LIMITE doc no: 11495-rev-1-16, 16 September 2016, pdf)

• Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area - State of play of the implementation of its actions (Actions 41-50) (LIMITE doc no: 11954-16, 8 September 2016, pdf)

• Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area (LIMITE doc no: 9368-rev-1-16, 6 June 2016, pdf)

• Europol contribution on improving the EU information exchange architecture and interoperability in the fight against terrorism and serious and organised crime (LIMITE doc no: 8848-16, 12 May 2016, pdf)

• Draft Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area (LIMITE doc no: 8437-18, 13 May 2016, pdf) and updated version: REV 1 (pdf)

• 2003 a Council Presidency: Report of the ad hoc group for the study of the 3rd pillar information systems (LIMITE doc no: 8857-03, pdf) stated on page 11 that the: ""number of terminals through which the N.SISes can be consulted (approx. !!!): 125 000 (cf. document 6739/02 EU CONFIDENTIAL)" [exclamation marks in original!]

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