Regulation (EU) No 1077/2011 is amended as follows:
(1)
in Article 1, paragraph 2 is replaced by the following:
‘2. The Agency shall be responsible for the operational management of the second-generation Schengen Information System (SIS II), the Visa Information System (VIS), Eurodac and the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council (*5) (EES).
(*5) Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).’;"
(2)
the following Article is inserted:
‘Article 5a
Tasks relating to the EES
In relation to the EES, the Agency shall perform:
(a)
the tasks conferred on it by Regulation (EU) 2017/2226;
(b)
tasks relating to training on the technical use of the EES.’;
(3)
in Article 7, paragraphs 5 and 6 are replaced by the following:
‘5. Tasks related to the operational management of the communication infrastructure may be entrusted to external private-sector entities or bodies in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (*6). In such a case, the network provider shall be bound by the security measures referred to in paragraph 4 of this Article and shall have no access to SIS II, VIS, Eurodac or EES operational data, or to the SIS II-related SIRENE exchange, by any means.
6. Without prejudice to the existing contracts on the network of SIS II, VIS, Eurodac and EES, the management of encryption keys shall remain within the competence of the Agency and shall not be outsourced to any external private-sector entity.
(*6) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).’;"
(4)
in Article 8, paragraph 1 is replaced by the following:
‘1. The Agency shall monitor the developments in research relevant for the operational management of SIS II, VIS, Eurodac, EES and other large-scale IT systems.’;
(5)
in Article 12, paragraph 1 is amended as follows:
(a)
the following point is inserted:
‘(sa)
adopt the reports on the development of the EES pursuant to Article 72(2) of Regulation (EU) 2017/2226;’;
(b)
point (t) is replaced by the following:
‘(t)
adopt the reports on the technical functioning of SIS II pursuant to Article 50(4) of Regulation (EC) No 1987/2006 and Article 66(4) of Decision 2007/533/JHA, of VIS pursuant to Article 50(3) of Regulation (EC) No 767/2008 and Article 17(3) of Decision 2008/633/JHA and of EES pursuant to Article 72(4) of Regulation (EU) 2017/2226;’;
(c)
point (v) is replaced by the following:
‘(v)
make comments on the European Data Protection Supervisor’s reports on the audits pursuant to Article 45(2) of Regulation (EC) No 1987/2006, Article 42(2) of Regulation (EC) No 767/2008, Article 31(2) of Regulation (EU) No 603/2013 and Article 56(2) of Regulation (EU) 2017/2226 and ensure appropriate follow-up to those audits;’;
(d)
the following point is inserted:
‘(xa)
publish statistics related to the EES pursuant to Article 63 of Regulation (EU) 2017/2226;’;
(e)
the following point is inserted:
‘(za)
ensure annual publication of the list of competent authorities pursuant to Article 65(2) of Regulation (EU) 2017/2226;’;
(6)
in Article 15, paragraph 4 is replaced by the following:
‘4. Europol and Eurojust may attend the meetings of the Management Board as observers when a question concerning SIS II, in relation to the application of Decision 2007/533/JHA, is on the agenda. Europol may also attend the meetings of the Management Board as an observer when a question concerning VIS, in relation to the application of Decision 2008/633/JHA, a question concerning Eurodac, in relation to the application of Regulation (EU) No 603/2013, or a question concerning the EES, in relation to the application of Regulation (EU) 2017/2226, is on the agenda.’;
(7)
Article 17 is amended as follows:
(a)
in paragraph 5, point (g) is replaced by the following:
‘(g)
without prejudice to Article 17 of the Staff Regulations, establish confidentiality requirements in order to comply with Article 17 of Regulation (EC) No 1987/2006, Article 17 of Decision 2007/533/JHA, Article 26(9) of Regulation (EC) No 767/2008, Article 4(4) of Regulation (EU) No 603/2013 and Article 37(4) of Regulation (EU) 2017/2226;’;
(b)
in paragraph 6, the following point is added:
‘(k)
reports on the state of play of the development of the EES referred to in Article 72(2) of Regulation (EU) 2017/2226.’;
(8)
Article 19 is amended as follows:
(a)
in paragraph 1, the following point is inserted:
‘(da)
EES Advisory Group;’;
(b)
paragraph 3 is replaced by the following:
‘Europol and Eurojust may each appoint a representative to the SIS II Advisory Group. Europol may also appoint a representative to the VIS, Eurodac and EES Advisory Groups.’.