Despite criticism from data protection and fundamental rights organisations (see eucrim 1/2018, pp. 20-21; see also the Statewatch Analysis by Tony Bunyan of July 2018), the EU institutions continue to make progress in adopting legislation on the interoperability between EU information systems in the area of justice and home affairs. On behalf of the European Council, the Permanent Representatives Committee (Coreper) approved a mandate for negotiations on the proposed two regulations establishing a framework for interoperability on 14 June 2018. The proposals were tabled by the European Commission on 12 December 2017 (see eucrim 4/2017, p. 174).

On the basis of this mandate, the Council Presidency can start negotiations with the European Parliament. The latter has not yet adopted its position.

The systems envisaged for interoperability will cover the entry/exit system (EES), the visa information system (VIS), the European travel information and authorisation system (ETIAS), Eurodac, the Schengen information system (SIS), and the European criminal records information system for third-country nationals (ECRIS-TCN) as well as Europol data and certain Interpol databases on travel documents.

The Council stresses that the new regulations will not modify rights of access. A European search portal will flag where data or links exist in relation to a query, but the system will only show each authority the data to which it already has a right of access under previous legislation setting up the different databases.