8 Amendments of Michal ŠIMEČKA related to 2021/0046(COD)
Amendment 12 #
Proposal for a regulation
Recital 3
Recital 3
(3) Access to the ECRIS-TCN is necessary for the authorities designated to carry out the screening provided for in Regulation (EU) …/… [Regulation on Screening]19 in order to establish whether a person could pose a threat to internal security or to public policy. _________________ 19 Op. cit. 15.
Amendment 18 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to the processing of identity information of third-country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member States where such convictions were handed down [as well as for the purposes of border management]29 . With the exception of point (b)(ii) of Article 5(1), the provisions of this Regulation that apply to third- country nationals also apply to citizens of the Union who also hold the nationality of a third country and who have been subject to convictions in the Member States. _________________ 29 COM/2019/3 final.
Amendment 21 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a flag indicating, for the purpose of [Regulation (EU) 2018/1240 and of Article 11 and 12 of Regulation (EU) …/… [Regulation on Screening], that the third- country national concerned has been convicted for a terrorist offence or any other serious criminal offence listed in the annex to Regulation (EU) 2018/1240 if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years, and in those cases the code of the convicting Member State(s).’;
Amendment 24 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 7 – point c
Article 7 – paragraph 7 – point c
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 7 – point d
Article 7 – paragraph 7 – point d
(d) assessing whether a third country national subject to screening checks would pose a threat to public policy or publicinternal security, in accordance with Regulation (EU) …/… [Regulation on Screening].
Amendment 27 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/816
Article 7a – paragraph 3
Article 7a – paragraph 3
The consultation of national criminal records based on the flagged ECRIS-TCN data shall take place in accordance with national law and using national channels. The relevant national authorities shall provide an opinion to the competent authorties referred to in Article 6(7) of Regulation (EU) …/… [Regulation on Screening] within two days where the screening takes place on the territory of the Member States or within four days where the screening takes place at external borderfour days. The absence of opinion within these deadlines shall mean that there are no security grounds to be taken into account.’
Amendment 29 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/816
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
Amendment 31 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EU) 2019/818
Article 24 – paragraph 5 – subparagraph 1
Article 24 – paragraph 5 – subparagraph 1