1.4.2020 EN Official Journal of the European Union L 101/4 COUNCIL DECISION (CFSP) 2020/472 of 31 March 2020 on a European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 19 January 2020, a Conference was held in Berlin on Libya. Participants committed in particular to unequivocally and fully respecting and implementing the arms embargo established by the United Nations Security Council Resolution (UNSCR) 1970 (2011) and subsequent Resolutions, in particular UNSCRs 2292 (2016) and 2473 (2019). (2) On 12 February 2020, in UNSCR 2510 (2020), the United Nations (UN) Security Council welcomed the Berlin Conference on Libya and endorsed its conclusions, noting that those conclusions represent an important element of a comprehensive solution to the situation in Libya. It also demanded full compliance by all UN Member States with the arms embargo, and further demanded all States not to intervene in the conflict or take measures that exacerbate the conflict. (3) On 11 February 2020, in UNSCR 2509 (2020), the UN Security Council extended the measures imposed by UNSCR 2146 (2014) to prevent the illicit export from Libya of petroleum, including crude oil and refined petroleum products, and extended the mandate of the Panel of Experts established by UNSCR 1973 (2011). (4) On 17 February 2020, the Council reached a political agreement to launch a new operation in the Mediterranean, aimed at implementing the UN arms embargo on Libya by using aerial, satellite and maritime assets. The operation should, as secondary tasks, contribute to the implementation of UN measures to prevent the illicit export of petroleum from Libya, to capacity building and training of the Libyan Coast Guard and Navy, and to the disruption of the business model of human smuggling and trafficking networks. The Area of Operation and the Area of Interest of the operation should be defined in accordance with the agreed mandate in the relevant planning documents. (5) In addition, the Council could decide in future to extend the scope of the operation in order to allow for the use of aerial surveillance within Libyan airspace, in accordance with any applicable UNSCR or with the consent of the Libyan authorities, if it assesses that the necessary legal requirements and political conditions are met. (6) On 18 May 2015, the Council adopted Decision (CFSP) 2015/778 (1). EUNAVFOR MED operation SOPHIA has been ongoing since that date, and was extended through Council Decision (CFSP) 2019/1595 (2). (7) The Political and Security Committee (PSC) should exercise, under the responsibility of the Council and the High Representative of the Union for Foreign Affairs and Security Policy (HR), political control over the operation, provide it with strategic direction and take the relevant decisions in accordance with the third paragraph of Article 38 of the Treaty on European Union (TEU). (8) The authorisation of the operation should be reconfirmed every four months and the PSC, in exercising its political control and strategic direction of the operation, should be authorised to take such a decision prolonging the operation unless the deployment of maritime assets of the operation produces a pull effect on migration on the basis of substantiated evidence gathered according to the criteria set in the Operations Plan. (9) Pursuant to Article 41(2) TEU and in accordance with Council Decision (CFSP) 2015/528 (3), the operational expenditure arising from this Decision, which has military or defence implications, is to be borne by the Member States. (10) In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application, and does not participate in the financing of this operation, HAS ADOPTED THIS DECISION: Article 1 Mission 1. The Union hereby establishes and launches a military crisis management operation to contribute to preventing arms trafficking within its agreed Area of Operation and Area of Interest in accordance with UNSCR 1970 (2011) and subsequent Resolutions on the arms embargo on Libya, including UNSCR 2292 (2016) and UNSCR 2473 (2019). Furthermore, the operation shall contribute to the implementation of UN measures to prevent the illicit export of petroleum from Libya in accordance with UNSCR 2146 (2014) and subsequent Resolutions, in particular UNSCR 2509 (2020) and UNSCR 2510 (2020). In addition, the operation shall assist in the development of the capacities and in the training of the Libyan Coast Guard and Navy in law enforcement tasks at sea. The operation shall also contribute to the disruption of the business model of human smuggling and trafficking networks, in accordance with applicable international law, including the UN Convention on the Law of the Sea, any relevant UNSCR, and international human rights law as applicable. 2. The operation shall be named EUNAVFOR MED IRINI. 3. The Area of Operation, the Area of Interest and the detailed arrangements for gathering information in those areas in order to fulfil all the tasks of the operation shall be defined in the relevant planning documents approved by the Council. Article 2 Contributing to implementation of the UN arms embargo on Libya 1. EUNAVFOR MED IRINI shall, as its core task, contribute to the implementation of the UN arms embargo on Libya with aerial, satellite and maritime assets. 2. For that purpose, EUNAVFOR MED IRINI shall gather extensive and comprehensive information on the trafficking of arms and related materiel from all directions and share it with relevant partners and agencies on a case-by-case and need-to-know basis through the mechanisms in the relevant planning documents in order to contribute to a full situational awareness in the Area of Operation and in the Area of Interest. Where such information is classified up to ‘SECRET UE/EU SECRET’ level, it may be exchanged with relevant partners and agencies in accordance with Council Decision 2013/488/EU (4) and based on arrangements concluded at the operational level in accordance with Article 14(9) of this Decision, and in full respect of the principles of reciprocity and inclusiveness. Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements. 3. In accordance with the relevant UNSCRs, in particular UNSCR 2292 (2016), and as required, EUNAVFOR MED IRINI shall carry out, in accordance with the arrangements set out in the planning documents, and within the agreed Area of Operation on the high seas off the coast of Libya, inspections of vessels bound to or from Libya where there are reasonable grounds to believe that such vessels are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of the arms embargo on Libya. EUNAVFOR MED IRINI shall take relevant action to seize and dispose of such items, including with a view to diverting such vessels and their crews to a suitable port to facilitate such disposal, with the consent of the port State, in accordance with relevant UNSCRs including UNSCR 2292 (2016). 4. EUNAVFOR MED IRINI shall report to the PSC on all issues and events related to such inspections. The PSC may consider any subsequent measures, as appropriate. 5. In view of the exceptional operational requirements, and upon invitation from a Member State, EUNAVFOR MED IRINI may divert vessels to ports of that Member State and dispose within that Member State of arms and related materiel seized in accordance with paragraph 3, including by storage and destruction. The ports to which vessels may be diverted shall be designated in the Operations Plan. 6. In accordance with relevant UNSCRs, including UNSCR 2292 (2016), EUNAVFOR MED IRINI may, in particular in the course of inspections carried out in accordance with paragraph 3, collect and store evidence related to the carriage of items prohibited under the arms embargo on Libya. EUNAVFOR MED IRINI may collect and store, in accordance with applicable law, personal data concerning persons involved in the carriage of such prohibited items related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex, place of residence, profession and whereabouts; driving licenses, identification documents and passport data. EUNAVFOR MED IRINI may transmit such data as well as data related to the vessels and equipment used by such persons, and the relevant information acquired while carrying out this core task, to the relevant law enforcement authorities of Member States and to competent Union bodies in accordance with applicable law. Article 3 Contributing to implementation of the UN measures against illicit exports of petroleum from Libya 1. As a secondary task, and within its means and capabilities, EUNAVFOR MED IRINI shall conduct monitoring and surveillance activities and gather information on illicit exports from Libya of petroleum, including crude oil and refined petroleum products, which are contrary to UNSCR 2146 (2014) and subsequent UNSCRs, in particular UNSCR 2509 (2020), thereby contributing to situational awareness in the Area of Operation and in the Area of Interest. 2. The information gathered in this context may be stored and released to the legitimate Libyan authorities and to the relevant law enforcement authorities of Member States and to competent Union bodies. Article 4 Capacity building and training of Libyan Coast Guard and Navy 1. As a further secondary task, EUNAVFOR MED IRINI shall assist in the development of the capacities and in the training of the Libyan Coast Guard and Navy in law enforcement tasks at sea, in particular to prevent human smuggling and trafficking. 2. The task referred to in paragraph 1 shall be carried out on the high seas in EUNAVFOR MED IRINI’s agreed Area of Operation. It may also be carried out in the territory, including the territorial waters, of Libya or of a host third State neighbouring Libya where the PSC so decides following an assessment by the Council on the basis of an invitation by Libya or the host State concerned, and in accordance with international law. 3. In view of the exceptional operational requirements, part of the task referred to in paragraph 1 may be conducted in a Member State, upon invitation by that Member State, including in relevant training centres. 4. For the purpose of the task referred to in paragraph 1, EUNAVFOR MED IRINI shall establish and operate a monitoring mechanism in close coordination with other relevant stakeholders, including where necessary in Libya. 5. Insofar as required by the task referred to in paragraph 1, EUNAVFOR MED IRINI may collect, store and exchange with the relevant authorities of Member States, competent Union bodies, the UN Support Mission in Libya, INTERPOL, the International Criminal Court and the United States of America the information, including personal data, gathered for the purpose of the vetting procedures on possible trainees, provided that they have given their consent in writing. Moreover, EUNAVFOR MED IRINI may collect and store necessary medical information and biometric data on trainees provided that they have given their consent in writing. Article 5 Contributing to disruption of the business model of human smuggling and trafficking networks 1. As another secondary task, and in accordance with UNSCR 2240 (2015), EUNAVFOR MED IRINI shall support the detection and monitoring of human smuggling and trafficking networks through information gathering and patrolling carried out by aerial assets above the high seas, in the agreed Area of Operation. 2. In carrying out this task, EUNAVFOR MED IRINI may collect and store, in accordance with applicable law, data on human smuggling and trafficking, including crimes relevant to the security of the operation, which it may transmit to the relevant law enforcement authorities of Member States and to competent Union bodies. Article 6 Appointment of the EU Operation Commander Rear Admiral Fabio AGOSTINI is hereby appointed EU Operation Commander of EUNAVFOR MED IRINI. Article 7 Designation of the EU Operation Headquarters The Operation Headquarters of EUNAVFOR MED IRINI shall be located in Rome, Italy. Article 8 Political control and strategic direction 1. Under the responsibility of the Council and of the HR, the PSC shall exercise the political control and strategic direction of EUNAVFOR MED IRINI. 2. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 TEU. This authorisation shall include the powers to amend the planning documents, including the Operations Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the EU Operation Commander and the EU Force Commander. The powers of decision with respect to the objectives and termination of the EU military operation shall remain vested in the Council. 3. Notwithstanding the period set out in Article 15(2), the authorisation of the operation shall be reconfirmed every four months. The PSC shall prolong the operation unless the deployment of maritime assets of the operation produces a pull effect on migration on the basis of substantiated evidence gathered according to the criteria set in the Operations Plan. 4. The Operation Commander shall report regularly on the conduct of the operation, including its impact in the Area of Operation. In accordance with Article 38 TEU, the PSC may at any time, upon a request from the HR or a Member State, give direction to the Operation Commander on the deployment of assets. 5. The PSC shall report to the Council at regular intervals. 6. The Chairman of the EU Military Committee (EUMC) shall, at regular intervals, report to the PSC on the conduct of EUNAVFOR MED IRINI. The PSC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate. Article 9 Military direction 1. The EUMC shall monitor the proper execution of EUNAVFOR MED IRINI conducted under the responsibility of the EU Operation Commander. 2. The EU Operation Commander shall, at regular intervals, report to the EUMC. The EUMC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate. 3. The Chairman of the EUMC shall act as the primary point of contact with the EU Operation Commander. Article 10 Consistency of the Union’s response and coordination 1. The HR shall ensure the implementation of this Decision and its consistency with the Union’s external action as a whole, including the Union’s development programmes and its humanitarian assistance. 2. The HR, assisted by the European External Action Service (EEAS), shall act as the primary point of contact with the UN, the authorities of the countries in the region, and other international and bilateral actors, including NATO, the African Union and the League of Arab States. 3. EUNAVFOR MED IRINI shall cooperate with the relevant Member State authorities and shall establish a coordination mechanism, and, as appropriate, conclude arrangements with other Union agencies and bodies, in particular Frontex, EUROPOL, EUROJUST, the European Asylum Support Office, the European Union Satellite Centre (SATCEN) and relevant CSDP missions. 4. EUNAVFOR MED IRINI shall host a Crime Information Cell (CIC) composed of staff of relevant law enforcement authorities of Member States and of Union agencies referred to in paragraph 3, in order to facilitate the receipt, collection and transmission of information, including personal data, on the arms embargo on Libya as referred to in Article 2, on illegal exports from Libya of petroleum as referred to in Article 3, and on human smuggling and trafficking as referred to in Article 5, as well as crimes relevant to the security of the operation. 5. The processing of personal data in this context shall be carried out in accordance with the law of the flag State of the vessel on which the CIC is located and, with respect to staff of Union agencies, in accordance with the legal framework applicable to the respective agencies. 6. EUNAVFOR MED IRINI shall be supported by SATCEN and the European Union Intelligence and Situation Centre (INTCEN) in gathering information as necessary to fulfil its tasks. Article 11 Participation by third States 1. Without prejudice to the Union’s decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the operation. 2. The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Operations Commander and the EUMC. 3. Detailed arrangements for the participation by third States shall be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 TFEU. Where the Union and a third State have concluded an agreement establishing a framework for the latter’s participation in crisis management missions of the Union, the provisions of such an agreement shall apply in the context of EUNAVFOR MED IRINI. 4. Third States making significant military contributions to EUNAVFOR MED IRINI shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation. 5. The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions. Article 12 Status of Union-led personnel The status of Union-led units and personnel shall be defined where necessary in accordance with international law. Article 13 Financial arrangements 1. The common costs of the EU military operation shall be administered in accordance with Decision (CFSP) 2015/528. 2. For the period until 31 March 2021, the reference amount for the common costs of EUNAVFOR MED IRINI shall be EUR 9 837 800. The percentage of the reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 30 % in commitments and 30 % for payments. Article 14 Release of Information 1. The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI and in full respect of the principles of reciprocity and inclusiveness, any EU non-classified documents connected with the deliberations of the Council relating to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (5). The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned. 2. The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI, and in full respect of the principles of reciprocity and inclusiveness, EU classified information generated for the purposes of the operation, in accordance with Decision 2013/488/EU, as follows: (a) up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or (b) up to the ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level in other cases. The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned. 3. Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements. 4. The HR shall also be authorised to release to the UN, in accordance with the operational needs of EUNAVFOR MED IRINI, EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU. 5. The HR shall be authorised to release to INTERPOL relevant information, including personal data, in accordance with the operational needs of EUNAVFOR MED IRINI. 6. Pending the conclusion of an agreement between the Union and INTERPOL, EUNAVFOR MED IRINI may exchange such information with the National Central Bureaux of INTERPOL of the Member States, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the relevant National Central Bureau. 7. In the event of specific operational need, the HR shall be authorised, following approval by the PSC, to release to legitimate Libyan authorities any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU. 8. The HR shall be authorised to conclude the arrangements necessary to implement the provisions on information exchange in this Decision. 9. The HR may delegate the authorisations to release information as well as the ability to conclude the arrangements referred to in this Decision to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU. 10. EUNAVFOR MED IRINI shall transmit without delay to the UN, in accordance with UNSCR 2509 (2020), the information gathered on suspected incidents of non-compliance with the UN arms embargo on Libya as provided in UNSCR 1970 (2011) and subsequent Resolutions, in particular UNSCRs 2292 (2016) and 2473 (2019), as well as the information gathered on suspected incidents of non-compliance with the UN measures to prevent illicit exports of petroleum from Libya as provided in UNSCR 2146 (2014) and subsequent Resolutions. Article 15 Entry into force and termination 1. This Decision shall enter into force on the date of its adoption. 2. EUNAVFOR MED IRINI shall end on 31 March 2021. 3. This Decision shall be repealed as from the date of closure of the EU Operation Headquarters in accordance with the plans approved for the termination of EUNAVFOR MED IRINI and without prejudice to the procedures regarding the audit and presentation of the accounts of EUNAVFOR MED IRINI laid down in Decision (CFSP) 2015/528. Done at Brussels, 31 March 2020. For the Council The President A. METELKO-ZGOMBIĆ (1) Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (OJ L 122, 19.5.2015, p. 31). (2) Council Decision (CFSP) 2019/1595 of 26 September 2019 amending Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (OJ L 248, 27.9.2019, p. 73). (3) Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39). (4) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1). (5) Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).

Summary: A European Union military operation in the Mediterranean (European Union Naval Force Mediterranean operation IRINI) A European Union military operation in the Mediterranean (European Union Naval Force Mediterranean operation IRINI) SUMMARY OF: Decision (CFSP) 2020/472 on a European Union military operation in the Mediterranean WHAT IS THE AIM OF THE DECISION? It sets up European Union Naval Force Mediterranean (EUNAVFOR MED) operation IRINI (Greek for ‘peace’), whose primary role is to implement the arms embargo on Libya established by United Nations Security Council Resolutions 1970 (2011), 2292 (2016) and 2473 (2019) by using its military aerial, satellite and maritime resources. Operation IRINI’s secondary tasks are to: prevent the illegal export of oil from Libya;train and develop the Libyan coast guard and navy in their law enforcement duties, particularly against human smuggling and trafficking;help clamp down on human smuggling and trafficking by gathering information and patrolling the high seas. KEY POINTS To implement the arms embargo, operation IRINI: monitors and gathers information on illegal exports of arms and related material, petroleum, crude oil and refined petroleum products; inspects vessels to and from Libya suspected of carrying arms; seizes and disposes of any weapons found; collects personal data of people found trafficking; shares information it gathers with the relevant national, EU and international authorities; may divert vessels breaking the arms embargo to a specified port; establishes a crime information cell of national and EU law enforcement authorities to handle and process the information collected. Decision (CFSP) 2021/542 amends Decision (CFSP) 2020/472 and specifies the arrangements for disposing of arms and related military equipment seized when implementing the United Nations (UN) arms embargo on Libya, including the storage, destruction and transfer of seized items to an EU Member State or to a third party. The European Peace Facility, set up under Decision (CFSP) 2021/509 – see summary – bears the costs for storage and disposal of arms and related military equipment seized by operation IRINI within its area of operations, including costs related to the necessary port services. The facility also bears the costs for any financial liability resulting from the diversion of a vessel or from subsequent actions related to the transportation, storage and disposal of the seized items, except in cases of gross negligence or wilful misconduct by the Member State assisting in the disposal or by any of its agents. The political control and strategic direction of operation IRINI are provided by the following. The Political and Security Committee, which reconfirms authorisation of the operation every 4 months and reports regularly to EU governments. The EU Military Committee (set up by Decision 2001/79/CFSP), which monitors the operation. The High Representative of the Union for Foreign Affairs and Security Policy, who: ensures IRINI is consistent with the EU’s overall foreign policy, including its development programmes and humanitarian assistance;acts as main contact point with the UN and other international and bilateral actors, including countries in the region;may share EU classified and non-classified information with non-EU countries and bodies, such as the International Criminal Court, the UN and Interpol. Operation IRINI’s initial mandate ran until 31 March 2021. Amending Decision (CFSP) 2021/542 extended the mandate until 31 March 2023. Operation IRINI’s operational headquarters are in Rome under the command of Rear Admiral Stefano Turchetto. FROM WHEN DOES THE DECISION APPLY? It has applied since 31 March 2020. BACKGROUND At the Berlin Conference on Libya of 19 January 2020 participants committed to fully respecting and implementing the arms embargo imposed by various UN Security Council resolutions. EU Member States agreed on 17 February 2020 to launch a new operation in the Mediterranean to implement the UN arms embargo. At the same time, the EU agreed by Decision (CFSP) 2020/471 to end the EUNAVFOR MED operation Sophia on 31 March 2020. This operation had been launched on 22 June 2015 as part of the EU’s overall approach to migration. For further information, see: EU launches operation IRINI to enforce Libya arms embargo – press release (Council of the European Union). MAIN DOCUMENT Council Decision (CFSP) 2020/472 of 31 March 2020 on a European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) (OJ L 101, 1.4.2020, pp. 4–10). Successive amendments to Decision (CFSP) 2020/472 have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ L 102, 24.3.2021, pp. 14–62). Council Decision (CFSP) 2020/471 of 31 March 2020 repealing Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (OJ L 101, 1.4.2020, p. 3). last update 11.01.2022


6.4.2020 EN Official Journal of the European Union L 107/1 REGULATION (EU) 2020/493 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 March 2020 on the False and Authentic Documents Online (FADO) system and repealing Council Joint Action 98/700/JHA THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 87(2)(a) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the ordinary legislative procedure (3), Whereas: (1) The European Image Archiving System on False and Authentic Documents Online (FADO) was established by Council Joint Action 98/700/JHA (4) within the General Secretariat of the Council. The FADO system was set up to facilitate the exchange of information on authentic documents and on known methods of falsification between Member State authorities. The FADO system provides for the electronic storage, rapid exchange and validation of information on authentic and false documents. Given that the detection of false documents is also important for citizens, organisations and businesses, the General Secretariat of the Council also made authentic documents available in a Public Register of Authentic Travel and Identity Documents Online, known as PRADO. (2) Due to the fact that the management of the FADO system is outdated and should be adapted to the institutional framework established by the Treaty on the Functioning of the European Union (TFEU), Joint Action 98/700/JHA should be repealed and replaced by a new, updated instrument. (3) This Regulation constitutes the necessary new legal basis for governing the FADO system. (4) Document fraud can ultimately undermine the internal security of the Union. The use of the FADO system as an electronic storage system describing possible detection points, both in authentic and false documents, is an important tool in the fight against document fraud, in particular at the external borders. Given that the FADO system contributes to maintaining a high level of security within the Union by supporting police, border guard and other law enforcement authorities of the Member States in the fight against document fraud, the FADO system constitutes an important tool for the application of the Schengen acquis. (5) While false documents and identity fraud are often detected at the external borders, the fight against false documents is an area covered by police cooperation. False documents are pseudo documents, documents that have been forged and documents that have been counterfeited. The use of false documents in the Union has significantly increased in recent years. Document and identity fraud entails the production and use of false documents and the use of authentic documents obtained by fraudulent means. False documents are a multi-purpose criminal tool because they can be used repeatedly to support different criminal activities, including money laundering and terrorism. The techniques used to produce false documents have become increasingly sophisticated and, as a result, it is necessary to have high-quality information on possible detection points, in particular security features and fraud characteristics, and update that information frequently. (6) The FADO system should contain information on all types of authentic travel, identity, residence and civil status documents, driving licences and vehicle licences issued by Member States, on the laissez-passer issued by the Union and on false versions of such documents in their possession. It should be possible for the FADO system to contain information on other related official documents, in particular those used in support of applications for official documents, issued by Member States, and on false versions thereof. It should also be possible for the FADO system to contain information on all types of authentic travel, identity, residence and civil status documents, driving licences and vehicle licences and on other related official documents, in particular those used in support of applications for official documents, issued by third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, and on false versions thereof. (7) Personal data in the FADO system should only be processed to the extent strictly necessary for the purpose of operating the FADO system. As a direct consequence of the purpose for which the FADO system was created, only limited information related to an identified or identifiable person should be stored in the FADO system. The FADO system should contain personal data in the form of facial images or alphanumerical information only insofar as they are related to security features or the method of falsification of a document. It should be possible to store such limited personal data either in the form of different elements appearing in the specimens of authentic documents or in the form of pseudonymised data in authentic or false documents. The European Border and Coast Guard Agency (the ‘Agency’), governed by Regulation (EU) 2019/1896 of the European Parliament and of the Council (5), should take the necessary steps to pseudonymise all elements of personal data which are not necessary in relation to the purposes for which the data are processed in accordance with the principle of data minimisation. It should not be possible to search for any elements of personal data in the FADO system nor should it be possible to identify any natural person by means of the FADO system without using additional data. The FADO system should not be used to identify a natural person. (8) Any processing of personal data by Member States in the context of this Regulation should be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (6) or Directive (EU) 2016/680 of the European Parliament and of the Council (7), as applicable. (9) While Member States are able to maintain or develop their own national systems containing information on authentic and false documents, they should be obliged to provide the Agency with information on authentic documents which they issue, including on the security features thereof, and on false versions of such documents in their possession. The Agency should enter that information in the FADO system and guarantee the uniformity and quality of the information. (10) The Union issues laissez-passer to members of the Union institutions, bodies, offices and agencies and servants of the Union to be used for service purposes in accordance with Council Regulation (EU) No 1417/2013 (8). The Union should be obliged to provide the Agency with information on such authentic documents and the security features thereof. (11) Different stakeholders, including the general public, should be provided with different levels of access to the FADO system depending on their needs and the sensitivity of the data concerned. (12) In order to ensure that Member States control document fraud to a high level, the Member State authorities competent in the area of document fraud, such as police, border guard and other law enforcement authorities and other relevant national authorities, should be provided, on a need-to-know basis, with different levels of access to the FADO system depending on their needs. Member States should determine which competent authorities are to be provided with access and the level of access with which they are to be provided. The Commission and the Agency should also determine which of their administrative units are competent to access the FADO system. The FADO system should enable users to have at their disposal information on any new methods of falsification that are detected and on new authentic documents that are in circulation, depending on their access rights. (13) Over the past years, the Agency has developed expertise in the area of document fraud. Synergies should therefore be enhanced by leveraging the Agency’s expertise in order to benefit the Member States in that area. The Agency should take over and operate the FADO system as provided for in Regulation (EU) 2019/1896. That take over should not affect those actors which already have access to the FADO system, namely the Commission, the Agency, the European Union Agency for Law Enforcement Cooperation, established by Regulation (EU) 2016/794 of the European Parliament and of the Council (9), the Member States and the general public. After the Agency takes over the FADO system, it should provide the Member States with support in the detection of false documents. Additionally, and where appropriate, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, established by Regulation (EU) 2018/1726 of the European Parliament and of the Council (10), may provide technical support to the Agency in accordance with Regulation (EU) 2019/1896. (14) It should be ensured that, during the transitional period, the FADO system remains fully operational until the transfer has been effectively carried out and the existing information has been transferred to the new system. The ownership of the existing data should then be transferred to the Agency. (15) This Regulation does not affect the competence of Member States in relation to the recognition of passports, travel documents, visas or other identity documents. (16) In order to allow Union institutions, bodies, offices and agencies other than the Commission and the Agency, third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, or private entities, such as airlines and other carriers, to access information in the FADO system, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing measures granting access in a limited manner to the FADO system to those Union institutions, bodies, offices and agencies, third parties and private entities. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (11). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (17) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the technical architecture of the FADO system, the establishment of the technical specifications, the procedures for controlling and verifying information and the determination of the date of the effective implementation of the FADO system by the Agency. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council (12). (18) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union (TEU) and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law. (19) Ireland is taking part in this Regulation, in accordance with Article 5(1) of Protocol No 19 on the Schengen acquis integrated into the framework of the European Union, annexed to the TEU and to the TFEU and Article 6(2) of Council Decision 2002/192/EC (13). (20) 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 latters’ association with the implementation, application and development of the Schengen acquis (14), which fall within the area referred to in Article 1, point H, of Council Decision 1999/437/EC (15). (21) 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 (16), which fall within the area referred to in Article 1, point H, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA (17). (22) 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 (18), which fall within the area referred to in Article 1, point H, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU (19). (23) The European Data Protection Supervisor was consulted in accordance with point (d) of Article 46 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (20) and delivered an opinion on 3 December 2018, HAVE ADOPTED THIS REGULATION: Article 1 Subject matter and purpose This Regulation establishes the False and Authentic Documents Online (FADO) system containing information on authentic documents issued by Member States, the Union and third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, and on false versions thereof. The purpose of the FADO system is to contribute to the fight against document and identity fraud by sharing information on the security features of, and potential fraud characteristics in, authentic and false documents between the Member State authorities competent in the area of document fraud. The purpose of the FADO system is also to contribute to the fight against document and identity fraud by sharing information with other actors, including the general public. Article 2 Scope and content of the FADO system 1. The FADO system shall contain information on travel, identity, residence and civil status documents, driving licences and vehicle licences issued by Member States or the Union, and on false versions thereof. The FADO system may contain information on documents as referred to in the first subparagraph issued by third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, and on false versions thereof. The FADO system may contain information on other related official documents, in particular those used in support of applications for official documents, issued by Member States and, where applicable, third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, and on false versions thereof. 2. The information referred to in paragraph 1 shall be the following: (a) information, including images, on authentic documents, and specimens thereof, and their security features; (b) information, including images, on false documents, whether forged, counterfeit or pseudo documents, and their fraud characteristics; (c) summaries of forgery techniques; (d) summaries of the security features of authentic documents; and (e) statistics on detected false documents. The FADO system may also contain handbooks, contact lists, information on valid travel documents and their recognition by Member States, recommendations on effective ways of detecting specific methods of falsification and other useful related information. 3. Member States and the Union shall transmit without delay to the European Border and Coast Guard Agency (the ‘Agency’) the information on the documents referred to in the first subparagraph of paragraph 1. Member States may transmit to the Agency the information on the documents referred to in the second and third subparagraphs of paragraph 1. Third parties, such as third countries, territorial entities, international organisations and other entities subject to international law, may transmit to the Agency the information on the documents referred to in the second and third subparagraphs of paragraph 1. Article 3 Responsibilities of the Agency 1. In the performance of its task in accordance with Article 79 of Regulation (EU) 2019/1896, the Agency shall ensure the proper and reliable functioning of the FADO system and provide support to the competent Member State authorities in the detection of false documents. 2. The Agency shall be responsible for entering in the FADO system in a timely and efficient manner the information obtained and shall guarantee the uniformity and quality of that information. Article 4 Architecture of the FADO system and access thereto 1. The architecture of the FADO system shall provide users with different levels of access to information. 2. The Commission and the Agency, to the extent necessary for the performance of their tasks, and the Member State authorities competent in the area of document fraud, such as police, border guard and other law enforcement authorities and other relevant national authorities, shall have secure access to the FADO system on a need-to-know basis. 3. The architecture of the FADO system shall provide the general public with access to specimens of authentic documents or authentic documents with pseudonymised data. 4. The following actors may obtain access to information stored in the FADO system in a limited manner: (a) Union institutions, bodies, offices and agencies, other than those referred to in paragraph 2; (b) third parties, such as third countries, territorial entities, international organisations and other entities subject to international law; (c) private entities, such as airlines and other carriers. 5. The Commission shall adopt delegated acts in accordance with Article 8 supplementing this Regulation by establishing measures granting access to information stored in the FADO system to the actors listed in paragraph 4 of this Article. The delegated acts shall set out for the actors listed in paragraph 4 of this Article the part of the FADO system to which access is to be granted and any specific procedures and conditions that may be necessary, including the requirement to conclude an agreement between the Agency and a third party or a private entity as referred to in points (b) and (c) of paragraph 4 of this Article. 6. Member States shall determine which authorities competent in the area of document fraud and other relevant national authorities are to have access to the FADO system, including the level of access with which they are to be provided, and notify the Commission and the Agency thereof. Upon request, the Commission shall transmit the information referred to in the first subparagraph to the European Parliament. Article 5 Processing of personal data by the Agency 1. The Agency shall apply Regulation (EU) 2018/1725 of the European Parliament and of the Council (21) when processing personal data under this Regulation. The Agency shall only process personal data where such processing is necessary for the performance of its task of operating the FADO system. As regards authentic documents, the FADO system shall only contain personal data included in the specimens of such documents or pseudonymised data. As regards false documents, the FADO system shall only contain personal data to the extent they are necessary to describe or illustrate the fraud characteristics or the method of falsification of such documents. 2. The Agency shall ensure that technical and organisational measures, such as pseudonymisation, are in place in order to ensure that personal data are only processed to the extent strictly necessary for the purpose of operating the FADO system in line with the principle of data minimisation in a way which does not permit the identification of any natural person through the FADO system without using additional data. Article 6 Implementing acts 1. The Commission shall adopt implementing acts in order to: (a) establish the technical architecture of the FADO system; (b) establish the technical specifications for entering and storing information in the FADO system in accordance with high standards; (c) establish the procedures for controlling and verifying the information contained in the FADO system; (d) determine the date of the effective implementation of the FADO system by the Agency. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2). 2. The Commission shall adopt the implementing act referred to in point (d) of paragraph 1 after verifying that the following conditions have been met: (a) the implementing acts referred to in points (a), (b) and (c) of paragraph 1 have been adopted; (b) the Agency has notified the Commission of the successful implementation of the architecture of the FADO system; (c) the Agency has notified the Commission that the transmission of information from the General Secretariat of the Council to the Agency has been completed. Article 7 Committee procedure 1. The Commission shall be assisted by the committee established by Article 6 of Council Regulation (EC) No 1683/95 (22). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Article 8 Exercise of delegation 1. The power to adopt delegated acts is conferred on to the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(5) shall be conferred on the Commission for an indeterminate period of time from 26 April 2020. 3. The delegation of power referred to in Article 4(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 4(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. Article 9 Repeal and transitional provisions 1. Joint Action 98/700/JHA is repealed with effect from the date of the effective implementation of the FADO system by the Agency, to be determined by means of an implementing act as referred to in point (d) of the first subparagraph of Article 6(1) of this Regulation. 2. The General Secretariat of the Council shall transfer the information contained in the FADO system as established by Joint Action 98/700/JHA to the Agency. 3. Member States shall agree to the transmission by the General Secretariat of the Council of the information in their ownership stored in the FADO system as established by Joint Action 98/700/JHA to the FADO system as established by this Regulation. Article 10 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties. Done at Brussels, 30 March 2020. For the European Parliament The President D.M. SASSOLI For the Council The President G. GRLIĆ RADMAN (1) OJ C 110, 22.3.2019, p. 62. (2) OJ C 168, 16.5.2019, p. 74. (3) Position of the European Parliament of 13 February 2020 (not yet published in the Official Journal) and decision of the Council of 20 March 2020. (4) Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (OJ L 333, 9.12.1998, p. 4). (5) Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1). (6) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). (7) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). (8) Council Regulation (EU) No 1417/2013 of 17 December 2013 laying down the form of the laissez-passer issued by the European Union (OJ L 353, 28.12.2013, p. 26). (9) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). (10) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99). (11) OJ L 123, 12.5.2016, p. 1. (12) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). (13) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20). (14) OJ L 176, 10.7.1999, p. 36. (15) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 (OJ L 176, 10.7.1999, p. 31). (16) OJ L 53, 27.2.2008, p. 52. (17) Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union 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 (OJ L 53, 27.2.2008, p. 50). (18) OJ L 160, 18.6.2011, p. 3. (19) Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union 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, relating in particular to judicial cooperation in criminal matters and police cooperation (OJ L 160, 18.6.2011, p. 1). (20) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). (21) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). (22) Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1).

Summary: Combating Document Fraud: the False and Authentic Documents Online System Combating Document Fraud: the False and Authentic Documents Online System SUMMARY OF: Regulation (EU) 2020/493 on the false and authentic documents online (FADO) system WHAT IS THE AIM OF THE REGULATION? It repeals Council Joint Action 98/700/JHA (see summary) which originally established the European image archiving system on false and authentic documents online (FADO). It sets out a new legal basis for the FADO system, updating its management system by adapting it to the new institutional base set out in Article 87(2)(a) of the Treaty on the Functioning of the European Union. KEY POINTS The false and authentic documents online system The FADO system contains information on authentic documents issued by EU countries, the EU and third parties (such as non-EU countries, territorial entities, international organisations and other entities subject to international law) and on false versions of those documents. It aims to contribute to the fight against document and identity fraud by: sharing information on the security features of, and potential fraud characteristics in, authentic and false documents between the EU countries’ authorities competent in the area of document fraud;sharing information with other actors, including the general public. Scope The FADO system contains information on documents issued by EU countries or the EU. Documents include: travel, identity, residence and civil status documents;driving licences and vehicle licences. It may also contain information on: equivalent documents issued by third parties;other related official documents, in particular those used in support of applications for official documents, issued by EU countries and, where applicable, third parties. The information to be included in the system includes: information, including images, on authentic documents, specimens of those documents and their security features;information, including images, on false documents, whether forged, counterfeit or pseudo documents, and their fraud characteristics;summaries of forgery techniques;summaries of the security features of authentic documents;statistics on detected false documents. The system may also contain handbooks, contact lists, information on valid travel documents and their recognition by EU countries, recommendations on effective ways of detecting specific methods of falsification and other useful related information. The EU countries, the EU and third parties must submit this information to the European Border and Coast Guard Agency (Frontex) set up by Regulation (EU) 2019/1896 — see summary. Technical support for Frontex can be provided by eu-LISA, which was set up by Regulation (EU) 2018/1726 — see summary. Access The FADO system provides users with different levels of access to information: The European Commission and Frontex, to the extent necessary for the performance of their tasks, and relevant national authorities, such as police, border guard and other law enforcement authorities, have secure access to the FADO system on a need-to-know basis. The general public has access to specimens of authentic documents or authentic documents with pseudonymous data. Other actors can gain access to information stored in the FADO system in a limited manner: other EU institutions, bodies, offices and agencies, including Europol, which was set up by Regulation (EU) 2016/794 — see summary;third parties, such as non-EU countries, territorial entities, international organisations and other entities subject to international law;private entities, such as airlines and other carriers. Personal data is protected by Regulation (EU) 2016/679 — see summary: use of data by police and judicial authorities is specifically protected by Directive (EU) 2016/680 — see summary.Frontex must apply the rules set out in Regulation (EU) 2018/1725 — see summary. FROM WHEN DOES THE REGULATION APPLY? It has applied since 26 April 2020. BACKGROUND The regulation builds upon the Schengen acquis which, on the basis of protocols attached to the Lisbon Treaty, certain EU countries can opt in or out of. Denmark did not take part in the adoption of the regulation and is therefore not bound by it nor subject to its application. It can however decide to opt in within a period of 6 months after the regulation takes effect. Ireland, a non-member of the Schengen-zone, has chosen to take part. The agreement applies additionally to Iceland, Liechtenstein, Norway and Switzerland. MAIN DOCUMENT Regulation (EU) 2020/493 of the European Parliament and of the Council of 30 March 2020 on the false and authentic documents online (FADO) system and repealing Council Joint Action 98/700/JHA (OJ L 107, 6.4.2020, pp. 1-8) RELATED DOCUMENTS Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, pp. 1-131) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99-137) See consolidated version. Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title V — Area of freedom, security and justice — Chapter 5 — Police cooperation — Article 87 (ex Article 30 TEU) (OJ C 202, 7.6.2016, pp. 83-84) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp. 53-114) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp. 1-88) See consolidated version. Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, pp. 89-131) See consolidated version. last update 22.10.2020