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REPORT (COM(2021)0096 – C90088/2021 – 2021/0046(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2019/816 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and Regulation (EU) 2019/818 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 for the purpose of introducing a screening of third country nationals at the external borders

A-9-2023-0148

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Birgit Sippel

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal amending Regulation (EU) 2019/816 on ECRIS-TCN and Regulation (EU) 2019/818 on interoperability, for the screening of third-country nationals at the external borders. It limits access to ECRIS-TCN to designated authorities for security checks under Articles 11 and 12 of the Screening Regulation, and restricts searches to flagged records. It sets time limits for national authorities to provide an opinion on whether a person poses a threat to internal security, with silence meaning no security grounds. It updates definitions, purposes and data retention periods for flags on terrorist offences and other criminal offences.

Committee position. The committee proposes to amend the Commission proposal to limit access to ECRIS-TCN to designated authorities for specific security checks, restrict searches to flagged records, and introduce a four-day deadline for national opinions.

Key points

  1. Parliament adopts its position at first reading and calls on the Commission to refer the matter back if it substantially amends its proposal.
  2. Access to ECRIS-TCN is limited to designated authorities for screening under Articles 11 and 12 of the Screening Regulation.
  3. The definition of competent authorities is updated to include VIS designated authorities and the ETIAS Central Unit.
  4. Flags are added for convictions in the previous 25 years for terrorist offences and 15 years for other listed offences, with a maximum sentence of at least three years.
  5. Only data records with a flag are searchable for security checks under Articles 11 and 12 of the Screening Regulation.
  6. Following a search, the central system notifies the Member State holding criminal records to request an opinion on whether the person poses a threat to internal security.
  7. The Member State holding criminal records must provide an opinion within four days; absence of opinion means no security grounds.
  8. Screening under Articles 11 and 12 of the Screening Regulation is added as a purpose for which ECRIS-TCN data may be used.
  9. Queries of the CIR are carried out solely for verifying or establishing identity or identification under Article 10 of the Screening Regulation, with the person present.

Who is affected

  • Competent authorities designated for screening, who gain limited access to ECRIS-TCN.
  • Central authorities of Member States holding criminal records, which must provide opinions within four days.
  • Third-country nationals subject to screening at external borders, whose data may be checked.

Figures and deadlines

  • previous 25 years for terrorist offences
  • previous 15 years for other criminal offences
  • maximum period of at least three years
  • within four days

Legal basis: Article 294(2), Article 16(2), Article 74, Article 78(2)(e), Article 79(2)(c), Article 82(1), second subparagraph, point (d), Article 85(1), Article 87(2)(a) and Article 88(2) of the Treaty on the Functioning of the European Union