BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) 2019/817, together with Regulation (EU) 2019/818 of the European Parliament and of the Council (2) 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) The framework includes a number of interoperability components, including a European search portal. The European search portal facilitates the fast, seamless, efficient, systematic and controlled access by Member State authorities and Union agencies to the EU information systems, to Europol data and to the International Criminal Police Organisation (Interpol) databases, insofar as this access is needed to perform their tasks and in accordance with their access rights.

(3) To enable the use of the European search portal, it is necessary to create user profiles for each category of user of the European search portal and for the purposes of the queries. To ensure uniform application, it is necessary to establish technical details for the profiles.

(4) In order to enable central systems and interoperability components to launch a query through the European search portal for the purposes laid down in Union law, Commission Implementing Decision C(2021) 5052 (3) lays down the profiles for the users of the European search portal.

(5) Following the adoption of Regulation (EU) 2021/1134 of the European Parliament and of the Council (4), which reformed the Visa Information System and Regulations (EU) 2021/1150, (EU) 2021/1151, (EU) 2021/1152 which established the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System, Implementing Decision C(2021) 5052 should be amended to introduce provisions stemming from these Regulations. In order to ensure consistency between both Implementing Decisions, it would also be necessary to amend Commission Implementing Decision C(2021) 5053 (5).

(6) It is also necessary to lay down the user profiles enabling access to Europol data by Member State authorities and Union Agencies.

(7) Each link stored in the multiple-identity detector has its own unique single identification number. Therefore, when searching for information related to a link, the single identification number should be used to retrieve the relevant information.

(8) Given that Regulation (EU) 2019/817 builds 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 Regulation (EU) 2019/817 in its national law. It is therefore bound by this Regulation.

(9) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part and falls outside the scope of the measures provided for in Council Decision 2002/192/EC (6). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(10) As regards Iceland and Norway, this Regulation 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 (7), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (8).

(11) As regards Switzerland, this Regulation 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 (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 2008/146/EC (10).

(12) As regards Liechtenstein, this Regulation 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 (11) 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 (12).

(13) As regards Cyprus, this Regulation 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.

(14) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (13) and delivered an opinion on 19 September 2023.

(15) The measures provided for in this Regulation are in accordance with the opinion of the Interoperability Committee,