Article 1, Point (47) · Regulation (EU) 2021/1134

Contents

(47)Articles 49 and 50 are replaced by the following:“Article 49Committee procedure1.The Commission shall be assisted by the committee established by Article 68(1) of Regulation (EU) 2017/2226. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council^note.2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Article 49aAdvisory groupAn Advisory Group shall be established by eu-LISA and provide it with the expertise related to the VIS in particular in the context of the preparation of its annual work programme and its annual activity report.Article 50Monitoring and evaluation1.eu-LISA shall ensure that procedures are in place to monitor the functioning of the VIS against objectives relating to output, cost-effectiveness, security and quality of service.2.For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the VIS.3.Every two years eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the technical functioning of the VIS, including the security and costs thereof. The report shall also contain, once the technology is in use, an evaluation of the use of facial images to identify persons, including an assessment of any difficulties encountered.4.While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to VIS data for law enforcement purposes containing information and statistics on:

(a)the exact purpose of the consultation including the type of terrorist offence or other serious criminal offence;

(b)reasonable grounds given for the substantiated suspicion that the suspect, perpetrator or victim is covered by this Regulation;

(c)the number of requests to access the VIS for law enforcement purposes and to access the data on children below 14 years of age;

(d)the number and type of cases in which the urgency procedures referred to in Article 22n(2) were used, including those cases where the urgency was not accepted by the ex post verification carried out by the central access point;

(e)the number and type of cases, which have ended in successful identifications.

Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year.A technical solution shall be made available to Member States in order to facilitate the collection of those data pursuant to Chapter IIIb for the purpose of generating statistics referred to in this paragraph. The Commission shall, by means of implementing acts, adopt the specifications of the technical solution. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).5.Three years after the date of the start of operations of the VIS pursuant to Article 11 of Regulation (EU) 2021/1134 and every four years thereafter, the Commission shall produce an overall evaluation of the VIS. The overall evaluation shall include an examination of results achieved against objectives and costs sustained and an assessment of the continuing validity of the underlying rationale, and its impact on fundamental rights, the application of this Regulation in respect of the VIS, the security of the VIS, the use made of the provisions referred to in Article 31 and any implications for future operations. It shall also include a detailed analysis of the data provided in the annual reports foreseen by paragraph 4 of this Article, with a view to assessing the effectiveness of access to VIS data for law enforcement purposes, as well as an assessment of whether the querying of ECRIS-TCN by the VIS has contributed to supporting the objective of assessing whether the applicant could pose a threat to public policy or public security. The Commission shall transmit the evaluation to the European Parliament and the Council.6.Member States shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 3, 4 and 5.7.eu-LISA shall provide the Commission with the information necessary to produce the overall evaluation referred to in paragraph 5.