{
  "url": "https://openlegislation.uk/eu-regulation-2017-2226/article-36",
  "json_url": "https://openlegislation.uk/eu-regulation-2017-2226/article-36.json",
  "legislation": "eur/2017/2226",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2017-2226",
  "path": "article/36",
  "kind": "article",
  "number": "36",
  "heading": "Adoption of implementing acts by the Commission prior to development",
  "text": "The Commission shall adopt the implementing acts necessary for the development and technical implementation of the EES Central System and the CIR, the NUIs, the Communication Infrastructure, the web service referred to in Article 13 and the data repository referred to in Article 63(2), in particular measures for:\n(a) the specifications for the quality, resolution and use of fingerprints for biometric verification and identification in the EES;\n(b) the specifications for the quality, resolution and use of the facial image for biometric verification and identification in the EES, including where taken live or extracted electronically from the eMRTD;\n(c) entering the data in accordance with Articles 16 to 20;\n(d) accessing the data in accordance with Articles 23 to 33;\n(e) amending, erasing and advance erasure of data in accordance with Article 35;\n(f) keeping and accessing the logs in accordance with Article 46;\n(g) performance requirements, including the minimum specifications for technical equipment and requirements regarding the biometric performance of the EES, in particular in terms of the required False Positive Identification Rate, False Negative Identification Rate and Failure To Enrol Rate;\n(h) the specifications and conditions for the web service referred to in Article 13, including specific provisions for the protection of the data where provided by or to carriers;\n(i) the establishment and the high level design of interoperability as referred to in Article 8;\n(j) the specifications and conditions for the data repository referred in Article 63(2);\n(k) the establishment of the list of identified persons referred to in Article 12(3) and the procedure to make that list available to Member States;\n(l) the specifications for technical solutions to connect central access points in accordance with Articles 31, 32 and 33 and for a technical solution to collect the statistical data required pursuant to Article 72(8).\nThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68(2).\nFor the adoption of the implementing acts set out in point (i) of the first paragraph of this Article, the Committee set up by Article 68 of this Regulation shall consult the VIS Committee set up by Article 49 of Regulation (EC) No 767/2008.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2017/2226/article/36",
    "retrieved_at": "2026-11-01T14:44:24.483532+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}