(fra kommisjonsforordningen)

(1) Regulation (EU) 2019/817, together with Regulation (EU) 2019/818, establishes a framework to ensure interoperability between the EU information systems in the field of borders, visa, police and judicial cooperation, asylum and migration.

(2) That framework comprises a number of interoperability components, including the shared Biometric Matching Service. The shared Biometric Matching Service stores biometric templates, obtained from the biometric data stored in the Common Identity Repository and the Schengen Information System. This component enables querying across several EU information systems by submitting biometric data.

(3) Since the entry into force of Regulations (EU) 2019/817 and (EU) 2019/818, the Commission and the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) have completed the necessary legal and technical arrangements to implement the new rules to enable storing biometric templates and querying across EU information systems in the scope of the Interoperability framework.

(4) In accordance with Regulations (EU) 2019/817 and (EU) 2019/818, the Commission is to determine the date on which the operations of the shared Biometric Matching Service start, following verification of the conditions laid down in Article 72(2) of Regulation (EU) 2019/817 and Article 68(2) of Regulation (EU) 2019/818. Pursuant to Article 72(2), second subparagraph, of Regulation (EU) 2019/817 and Article 68(2), second subparagraph, of Regulation (EU) 2019/818, that date is to be set to be within 30 days from adoption of this Decision.

(5) The Commission has verified that the implementing acts necessary for the operation of the shared Biometric Matching Service were adopted (3); that eu-LISA declared the successful completion of a comprehensive test of the shared Biometric Matching Service, which was conducted in cooperation with the Member States’ authorities; that eu-LISA notified that it validated the technical and legal arrangements to collect and transmit the relevant biometric data; that eu-LISA declared the successful completion of a comprehensive test of the automated data quality control mechanisms and procedures, the common data quality indicators and the minimum data quality standards relevant to the shared Biometric Matching Service, which it has conducted in cooperation with the Member States’ authorities. The declarations by eu-LISA have been submitted to the Commission by the date of the adoption of this Decision.

(6) It is therefore appropriate to determine the date on which the operations of the shared Biometric Matching Service start.

(7) Given that the Commission is to determine a future date on which the operations of the shared Biometric Matching Service start, there is no need for any intermediate time period between the date of publication and the date of entry into force of this Decision. Therefore, this Decision should enter into force on the day of its publication.

(8) Given that Regulations (EU) 2019/817 and (EU) 2019/818 build upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Regulations (EU) 2019/817 and (EU) 2019/818 in its national law. It is therefore bound by this Decision.

(9) This Decision does not constitute a development of the provisions of the Schengen acquis in which Ireland takes part in accordance with Council Decision 2002/192/EC (4). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(10) As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (6).

(11) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

(12) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

(13) As regards Cyprus, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession,