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DRAFT 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

LIBE-PR-700426

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

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This is the rapporteur's draft report on the Commission proposal to amend Regulation (EU) 2019/816 on the ECRIS-TCN system and Regulation (EU) 2019/818 on interoperability, to introduce screening of third-country nationals at the external borders. The rapporteur shares the objective of using the Common Identity Repository and ECRIS-TCN during screening, but is not convinced that blanket access rights for competent authorities are necessary for effective screening. The draft report proposes amendments that delete several recitals and the Commission's proposed Article 1, and regrets that no impact assessment was produced for the screening proposal.

Committee position. The rapporteur proposes to amend the Commission proposal by deleting several recitals and Article 1, because she is not convinced that blanket access rights to competent authorities are necessary for effective screening, while sharing the overall objective of using the Common Identity Repository and ECRIS-TCN during screening.

Key points

  1. The rapporteur shares the Commission's overall objective to allow use of the Common Identity Repository and ECRIS-TCN during screening.
  2. The rapporteur is not convinced that blanket access rights to competent authorities are necessary for effective screening.
  3. The draft report proposes to delete Recital 2, which describes verifications against Europol data, Interpol databases and ECRIS-TCN.
  4. The draft report proposes to delete Recital 3, which states that access to ECRIS-TCN is necessary for screening authorities.
  5. The draft report proposes to delete Recital 4, which explains that the parallel amendment of Regulation (EU) 2019/816 could not be part of the same regulation due to variable geometry.
  6. The draft report proposes to delete Recital 5, which sets out the subsidiarity and proportionality justification.
  7. The draft report proposes to delete Article 1 of the Commission proposal, which would have added point (e) to Article 1 and replaced Article 2 of Regulation (EU) 2019/816.
  8. The rapporteur regrets that the Commission did not produce an impact assessment for the Screening proposal and this subsequent proposal.

Who is affected

  • Competent authorities designated to carry out screening, who would have been granted access rights to ECRIS-TCN.
  • Third-country nationals and stateless persons subject to screening at the external borders.
  • Member States, which would have had to grant access rights to ECRIS-TCN for screening purposes.

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.