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Amendments to Regulation (EU) 2017/2226 Regulation (EU) 2017/2226 is amended as follows:

(1) in Article 1, the following paragraph is added: ‘3. By storing identity data, travel document data and biometric data in the common identity repository (CIR) established by Article 17(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council (), the EES contributes to facilitating and assisting in the correct identification of persons registered in the EES under the conditions and for the purposes of Article 20 of that Regulation.

(2) in Article 3, paragraph 1 is amended as follows:

(a) point (22) is replaced by the following: ‘(22) ‘EES data’ means all data stored in the EES Central System and in the CIR in accordance with Articles 15 to 20;’;

(b) the following point is inserted: ‘(22a) ‘identity data’ means the data referred to in point (a) of Article 16(1) as well as the relevant data referred to in Articles 17(1) and 18(1);’;

(c) the following points are added: ‘(32) ‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/817;

(33) ‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817.’;

(3) in Article 6(1), the following point is added: ‘(j) ensure the correct identification of persons.’;

(4) Article 7 is amended as follows:

(a) paragraph 1 is amended as follows:

(i) the following point is inserted: ‘(aa) the CIR central infrastructure as referred to in point (a) of Article 17(2) of Regulation (EU) 2019/817;’;

(ii) point (f) is replaced by the following: ‘(f) a secure communication infrastructure between the EES Central System and the central infrastructures of the ESP and the CIR.’;

(b) the following paragraph is inserted: ‘1a. The CIR shall contain the data referred to in points (a) to (d) of Article 16(1), points (a), (b) and (c) of Article 17(1) and Article 18(1) and (2). The remaining EES data shall be stored in the EES Central System.’;

(5) in Article 9, the following paragraph is added: ‘4. Access to the EES data stored in the CIR shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union agencies that are competent for the purposes laid down in Article 20 and Article 21 of Regulation (EU) 2019/817. Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.’;

(6) Article 21 is amended as follows:

(a) paragraph 1 is replaced by the following: ‘1. Where it is technically impossible to enter data in the EES Central System or the CIR or in the event of a failure of the EES Central System or the CIR, the data referred to in Articles 16 to 20 shall be temporarily stored in the NUI. Where that is not possible, the data shall be temporarily stored locally in an electronic format. In both cases, the data shall be entered in the EES Central System or the CIR as soon as the technical impossibility or failure has been remedied. The Member States shall take the appropriate measures and deploy the required infrastructure, equipment and resources to ensure that such temporary local storage may be carried out at any time and for any of their border crossing points.’;

(b) in paragraph 2, the first subparagraph is replaced by the following: ‘2. Without prejudice to the obligation to carry out border checks under Regulation (EU) 2016/399, the border authority, in the exceptional situation where it is technically impossible to enter data in either the EES Central System and the CIR or in the NUI and it is technically impossible to temporarily store the data locally in an electronic format, shall manually store the data referred to in Articles 16 to 20 of this Regulation, with the exception of biometric data, and shall affix an entry or exit stamp in the travel document of the third-country national. That data shall be entered in the EES Central System and the CIR as soon as technically possible.’;

(7) Article 23 is amended as follows:

(a) the following paragraph is inserted: ‘2a. For the purpose of the verifications in accordance with paragraph 1 of this Article, the border authority shall launch a query by using the ESP to compare the data on the third-country national with the relevant data in the EES and the VIS.’;

(b) in paragraph 4, the first subparagraph is replaced by the following: ‘4. Where the search with the alphanumeric data set out in paragraph 2 of this Article indicates that data on the third-country national are not recorded in the EES, where a verification of the third-country national pursuant to paragraph 2 of this Article fails or where there are doubts as to the identity of the third-country national, the border authorities shall have access to data for identification in accordance with Article 27 in order to create or update an individual file in accordance with Article 14.’;

(8) in Article 32 the following paragraph is inserted: ‘1a. In cases where the designated authorities have launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, they may access the EES for consultation where the conditions laid down in this Article are met and where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the EES.’;

(9) in Article 33 the following paragraph is inserted: ‘1a. In cases where Europol has launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, it may access the EES for consultation where the conditions laid down in this Article are met and where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the EES.’;

(10) Article 34 is amended as follows:

(a) in paragraphs 1 and 2, the words ‘in the EES Central System’ are replaced by the words ‘in the CIR and in the EES Central System’;

(b) in paragraph 5, the words ‘from the EES Central System’ are replaced by the words ‘from the EES Central System and from the CIR’;

(11) in Article 35, paragraph 7 is replaced by the following: ‘7. The EES Central System and the CIR shall immediately inform all Member States of the erasure of EES or CIR data and where applicable remove them from the list of identified persons referred to in Article 12(3).’;

(12) in Article 36, the words ‘of the EES Central System’ shall be replaced by the words ‘of the EES Central System and the CIR’;

(13) Article 37 is amended as follows:

(a) the first subparagraph of paragraph 1 is replaced by the following: ‘1. eu-LISA shall be responsible for the development of the EES Central System and the CIR, the NUIs, the Communication Infrastructure and the Secure Communication Channel between the EES Central System and the VIS Central System. eu-LISA shall also be responsible for the development of the web service referred to in Article 13 in accordance with the detailed rules referred to in Article 13(7) and the specifications and conditions adopted pursuant to point (h) of the first paragraph of Article 36 and for the development of the data repository referred to in Article 63(2).’;

(b) the first subparagraph of paragraph 3 is replaced by the following: ‘3. eu-LISA shall be responsible for the operational management of the EES Central System and the CIR, the NUIs and the Secure Communication Channel between the EES Central System and the VIS Central System. It shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for the EES Central System and the CIR, the NUIs, the Communication Infrastructure, the Secure Communication Channel between the EES Central System and the VIS Central System, the web service referred to in Article 13 and the data repository referred to in Article 63(2). eu-LISA shall also be responsible for the operational management of the Communication Infrastructure between the EES Central System and the NUIs, for the web service referred to in Article 13 and the data repository referred to in Article 63(2).’;

(14) in Article 46(1) the following point is added: ‘(f) a reference to the use of the ESP to query the EES as referred to in Article 7(2) of Regulation (EU) 2019/817.’;

(15) Article 63 is amended as follows:

(a) paragraph 2 is replaced by the following: ‘2. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in that paragraph in the central repository for reporting and statistics referred to in Article 39 of the Regulation (EU) 2019/817.’;

(b) in paragraph 4 the following subparagraph is added: ‘The daily statistics shall be stored in the central repository for reporting and statistics.’.