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2017/0144(COD) Centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (ECRIS-TCN system)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE DALTON Daniel (icon: ECR ECR) CSÁKY Pál (icon: PPE PPE), HEDH Anna (icon: S&D S&D), MLINAR Angelika (icon: ALDE ALDE), FRANZ Romeo (icon: Verts/ALE Verts/ALE), MEUTHEN Jörg (icon: EFDD EFDD)
Committee Opinion BUDG KÖLMEL Bernd (icon: ECR ECR)
Committee Opinion CONT
Lead committee dossier:
Legal Basis:
TFEU 082-p1

Events

2019/05/22
   Final act published in Official Journal
Details

PURPOSE: to enable the rapid and efficient exchange of accurate information on criminal records of third-country nationals.

LEGISLATIVE ACT: Regulation (EU) 2019/816 of the European Parliament and of the Council 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 amending Regulation (EU) 2018/1726.

CONTENT: this Regulation establishes:

- a system to identify the Member States holding information on previous convictions of third-country nationals (‘ECRIS-TCN’);

- the conditions under which ECRIS-TCN shall be used by the central authorities in order to obtain information on such previous convictions through the European Criminal Records Information System (ECRIS) as well as the conditions under which Eurojust, Europol and the EPPO shall use ECRIS-TCN.

Exchange of information on criminal records

The reformed European Criminal Records Information System (ECRIS) shall include a centralised database containing information on convictions of third country nationals and stateless persons (ECRIS-TCN). The Regulation defines the rules for the creation of a centralised system. It specifies the data to be recorded and sets access rights.

The Regulation shall apply to the processing of identification data of third-country nationals who have been convicted in Member States to enable the identification of Member States in which such convictions have been handed down. It shall also apply to persons with dual EU/third country nationality who have been convicted in the Member States.

Information relating to the conviction itself shall always be available only from the convicting Member State.

Data entry in ECRIS-TCN

For each convicted third-country national, the central authority of the convicting Member State shall create a data record in the central system. The convicting Member State shall create the data file automatically, if possible, and without undue delay after the conviction has been entered in the criminal record.

The alphanumeric data to be entered by Member States in the central system shall include the name (surname) and forenames of the convicted person and, where available to the central authority, any pseudonyms or aliases of that person. They shall also include, in addition, the identity number, or the type and number of the identity documents of the person concerned, as well as the name of the authority that issued these documents, where the central authority has this information.

ECRIS-TCN shall allow the processing of fingerprint data to identify Member States holding information on the criminal record of a third-country national. It shall also allow the processing of facial images in order to confirm his identity if the law of the convicting Member State allows the collection and storage of facial images of convicted persons.

The recording and use of fingerprint data and facial images should not go beyond what is strictly necessary to achieve the objective pursued. They shall respect fundamental rights, as well as the best interests of the child, and comply with applicable EU data protection rules.

Use of ECRIS-TCN

Central authorities could use ECRIS-TCN to identify Member States that hold information on the criminal record of a third-country national when the information is requested in the Member State concerned for the purpose of criminal proceedings against that person, or for one of the following purposes, if national law so provides and in accordance with it:

- a person's own criminal record check, at their request;

- security clearance;

- obtaining a licence or permit;

- investigations carried out in the context of professional recruitment and recruitment for voluntary activities involving direct and regular contact with children or vulnerable persons;

- visa, citizenship and migration procedures, including asylum procedures; and

- audits in relation to public contracts and public competitions.

The authority responsible for conducting criminal proceedings could decide that ECRIS-TCN should not be used when this would not be appropriate in the circumstances of the case, for example in the case of minor offences.

Any person would have the right to lodge a complaint and the right to bring an action in the convicting Member State which refused him/her the right of access to data concerning him/her or the right to have them rectified or deleted.

Each data record shall be stored in the central system for as long as the data related to the convictions of the person concerned are stored in the criminal records.

Management

The European Union Agency for the Operational Management of Large-Scale Information Systems in the Area of Freedom, Security and Justice (eu-LISA) would be responsible for the development of ECRIS-TCN in accordance with the principle of data protection from the design stage and by default. It would also be responsible for the operational management of ECRIS-TCN.

ENTRY INTO FORCE: 11.6.2019.

2019/04/30
   EC - Commission response to text adopted in plenary
Documents
2019/04/17
   CSL - Draft final act
Documents
2019/04/17
   CSL - Final act signed
2019/04/17
   EP - End of procedure in Parliament
2019/04/09
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/04/09
   CSL - Council Meeting
2019/03/12
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 422 votes to 130 with 16 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for identifying Member States holding information on convictions of third-country nationals and stateless persons, which aims to complement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011.

The position of the European Parliament adopted at first reading under the ordinary legislative procedure has amended the Commission proposal as follows:

Purpose and scope

The regulation would establish a system to identify Member States holding information on previous convictions of third-country nationals (ECRIS-TCN). The new centralised database should improve the exchange of information on criminal records of third-country nationals throughout the EU and contribute to the EU's fight against cross-border crime and terrorism.

The regulation would apply to the processing of identification data of third-country nationals who have been convicted in Member States to enable the identification of Member States in which such convictions have been handed down.

The provisions would also apply to Union citizens who are also nationals of a third country and who have been convicted in the Member States since it is possible that these persons present themselves as one or more nationalities, and that different conviction decisions are kept in the convicting Member State or in the Member State of which the person concerned is a national.

Data entry in ECRIS-TCN

The convicting Member State should create the data file automatically, if possible, and without undue delay after the conviction has been entered in the criminal record.

The alphanumeric data to be entered by Member States in the central system would include the name (surname) and forenames of the convicted person and, where available to the central authority, any pseudonyms or aliases of that person. They should also include, in addition, the identity number, or the type and number of the identity documents of the person concerned, as well as the name of the authority that issued these documents, where the central authority has this information.

ECRIS-TCN would allow the processing of fingerprint data to identify Member States holding information on the criminal record of a third-country national. It would also allow the processing of facial images in order to confirm his identity if the law of the convicting Member State allows the collection and storage of facial images of convicted persons.

The recording and use of fingerprint data and facial images should not go beyond what is strictly necessary to achieve the objective pursued. They should respect fundamental rights, as well as the best interests of the child, and comply with applicable EU data protection rules.

Use of ECRIS-TCN

Central authorities could use ECRIS-TCN to identify Member States that hold information on the criminal record of a third-country national when the information is requested in the Member State concerned for the purpose of criminal proceedings against that person, or for one of the following purposes, if national law so provides and in accordance with it:

- a person's own criminal record check, at their request;

- security clearance;

- obtaining a licence or permit;

- investigations carried out in the context of professional recruitment and recruitment for voluntary activities involving direct and regular contact with children or vulnerable persons;

- visa, citizenship and migration procedures, including asylum procedures; and

- audits in relation to public contracts and public competitions.

The authority responsible for conducting criminal proceedings could decide that ECRIS-TCN should not be used when this would not be appropriate in the circumstances of the case, for example in the case of minor offences.

Any person would have the right to lodge a complaint and the right to bring an action in the convicting Member State which refused him/her the right of access to data concerning him/her or the right to have them rectified or deleted.

Use of ECRIS-TCN

Central authorities could use ECRIS-TCN to identify Member States that hold information on the criminal record of a third-country national when the information is requested in the Member State concerned for the purpose of criminal proceedings against that person, or for one of the following purposes, if national law so provides and in accordance with it:

- a person's own criminal record check, at their request;

- security clearance;

- obtaining a licence or permit;

- investigations carried out in the context of professional recruitment and recruitment for voluntary activities involving direct and regular contact with children or vulnerable persons;

- visa, citizenship and migration procedures, including asylum procedures; and

- audits in relation to public contracts and public competitions.

The authority responsible for conducting criminal proceedings could decide that ECRIS-TCN should not be used when this would not be appropriate in the circumstances of the case, for example in the case of minor offences.

Any person would have the right to lodge a complaint and the right to bring an action in the convicting Member State which refused him/her the right of access to data concerning him/her or the right to have them rectified or deleted.

The proposed new regulation also defines the conditions under which Eurojust, Europol and the European Public Prosecutor's Office use ECRIS-TCN.

The European Union Agency for the Operational Management of Large-Scale Information Systems in the Area of Freedom, Security and Justice (eu-LISA) would be responsible for the development of ECRIS-TCN in accordance with the principle of data protection from the design stage and by default. It would also be responsible for the operational management of ECRIS-TCN.

Documents
2019/03/11
   EP - Debate in Parliament
2019/01/22
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2019/01/17
   EP - Text agreed during interinstitutional negotiations
Documents
2018/12/19
   CSL - Coreper letter confirming interinstitutional agreement
2018/02/08
   EP - Results of vote in Parliament
2018/02/08
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2018/02/05
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/02/01
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Daniel DALTON (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011.

The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

Subject matter : the Regulation shall enable the rapid, efficient and accurate as possible exchange of criminal record information on third country nationals, by putting in place common Union rules and interoperable systems.

Data entry in the ECRIS-TCN system : for each convicted third country national whose data have been entered in the criminal record of the convicting Member State, the central authority of that Member State shall create a data record in the Central System.

This recording shall not contain data on the names of parents and shall only contain fingerprint data and facial images only when the national law of a Member State where a conviction is handed down allows for collection and storage of fingerprints and facial images of a convicted person.

The convicting Member State shall create the data record automatically, where possible, and in any event within 24 hours upon the conviction being entered into the national criminal records register.

The central authority of the convicting Member State shall permanently erase the individual data record automatically, where possible, from the Central System, and in any event within 24 hours after the expiry of that retention period.

The Commission shall adopt delegated acts to provide, as soon as it becomes technically possible and based on an assessment by the Commission of the availability and readiness of the required technology, that facial images may also be used to identify a third country national on th e basis of this biometric identifier.

Proportionality, fundamental rights, data protection : any introduction and use of fingerprint data and facial images must:

never exceed what is strictly necessary to achieve the aim; respect fundamental rights , including the best interests of children; be in conformity with Directive (EU) 2016/680 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties.

Third country nationals shall be able to address requests related to their rights of access to, and correction and deletion of, data to the central authority of any Member State. An amendment ensured that third-country nationals requesting a criminal records extract shall receive, if they have committed no offences, a certificate that there was no hit on ECRIS, which proves that they have no criminal records in any Member States.

Use of the results obtained in the ECRIS-TCN system : the ECRIS-TCN system only allows a competent authority to establish where criminal records information is held, and not what that information is. In order to obtain the details of what the criminal conviction actually is, the competent authority will still need to use the traditional ECRIS system to make a request to the relevant Member State.

Therefore, Members included an amendment to make it clear that a hit in the ECRIS-TCN system by itself shall not be used to affect a judicial outcome by undermining the principle of equality before the law, the right to a fair trial, the presumption of innocence or the general prohibition of discrimination.

Right of access for Eurojust, Europol and the European Public Prosecutor's Office : authorised staff of Eurojust, Europol and the European Public Prosecutor's Office shall have direct access to the ECRIS-TCN system.

Staff with a right of access to the system shall be subject to internal disciplinary measures if they make use of data from the ECRIS-TCN system in a way which does not conform with this Regulation.

Monitoring and evaluation : the report submitted by eu-LISA on the state of development of the ECRIS-TCN system shall include an overview of the current costs and progress of the project, a financial impact assessment, and information on any technical problems and risks that may impact the overall costs of the system.

In the event of delays in the development process, the European Parliament and the Council shall be informed as soon as possible.

Documents
2018/01/25
   EP - Vote in committee, 1st reading
2018/01/25
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/12/14
   EP - Committee opinion
Documents
2017/12/12
   EDPS - Document attached to the procedure
2017/12/08
   CSL - Council Meeting
2017/11/30
   EP - Amendments tabled in committee
Documents
2017/10/30
   EP - Committee draft report
Documents
2017/10/23
   PT_PARLIAMENT - Contribution
Documents
2017/10/22
   ES_PARLIAMENT - Contribution
Documents
2017/10/10
   IT_CHAMBER - Contribution
Documents
2017/09/25
   DE_BUNDESRAT - Contribution
Documents
2017/09/11
   EP - Committee referral announced in Parliament, 1st reading
2017/08/31
   EP - DALTON Daniel (ECR) appointed as rapporteur in LIBE
2017/07/11
   EP - KÖLMEL Bernd (ECR) appointed as rapporteur in BUDG
2017/06/29
   EC - Document attached to the procedure
2017/06/29
   EC - Legislative proposal published
Details

PURPOSE: to allow the rapid and efficient exchange of information on the criminal records of third-country nationals.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the objective of providing EU citizens with an area of ​​freedom, security and justice without internal borders presupposes exchanging information extracted from criminal records between the competent authorities of the Member States.

These exchanges of information are organised and facilitated by the rules laid down in Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States, a new criminal procedure and the European Criminal Records Information System ( ECRIS ) established by Council Decision 2009/316/JHA .

Although it is possible to exchange information on convictions concerning third-country nationals (TCNs) through ECRIS, there is no procedure or mechanism to do so in an efficient manner.

Information on third country nationals is not gathered within the Union in the Member State of nationality as it is for nationals of Member States, but only stored in the Member States where the convictions have been handed down. A complete overview of the criminal history of a third country national can therefore be ascertained only if such information is requested from all Member States.

Such 'blanket requests' impose an administrative burden on all Member States, including those not holding information on that third country national. In practice, this burden deters Member States from requesting information on third country nationals, and leads to Member States limiting the criminal record information to information stored in their national register.

To improve the situation, it is proposed to establish a system by which the central authority of a Member State can find out quickly and efficiently in which other Member State(s) criminal record information on a third country national is stored.

As a result of the terrorist attacks in many European cities, exchange of information on criminal records is crucial to combat cross-border crime. The initiative follows the requests of the European Council and the Justice and Home Affairs Council to improve the existing ECRIS. It also reflects the Commission's new approach to the management of data for borders and security.

IMPACT ASSESSMENT: the creation of a centralised ECRIS-TCN system containing both alphanumeric data and fingerprints is the preferred solution. It would be the most cost efficient, and technically less complex and easier to maintain compared to the others. This option also offers the additional advantages of making the ECRIS-TCN system suitable for participating in a future shared biometric matching service and a common identity repository, facilitating direct access for Eurojust, Europol, [and the European Public Prosecutor's Office] and creating a central contact point at Eurojust for third States requiring information on convicted TCN.

If Member States were to systematically send ‘blanket’ requests, the administrative burden in responding to them has been identified as the most costly element (estimated up to EUR 78 million) of the ECRIS-workflow; the proposed solution saves such costs.

CONTENT: this proposal supplements the Commission's 2016 proposal for a Directive to amend the ECRIS Framework Decision and to repeal the ECRIS Council Decision:

creating a centralised system to efficiently identify which Member State(s) hold conviction information on TCN; establishing rules under which the ECRIS-TCN system is used by competent authorities to obtain information on such previous convictions through the European Criminal Records Information System.

The proposed hit/no hit search system, based on alphanumeric data and fingerprints of TCN convicted in the Member States, will allow Member States to quickly identify other Member State(s) having convicted a particular TCN.

The requesting Member State should then request those identified Member States to provide the actual conviction information through the existing ECRIS system as improved by January 2016 proposal.

As soon as this becomes technically possible, facial images may also be used to identify a third country national on the basis of this biometric identifier

The proposal sets an obligation for the convicting Member State:

to create a data record in the Central ECRIS-TCN System for each convicted TCN as soon as possible after the conviction was entered into the national criminal records register; to create records in the ECRIS-TCN system of 'historical' convictions of third country nationals, i.e. convictions handed down prior to the entry into force of the Regulation.

Member States would be required to use the ECRIS-TCN system in all cases where they receive a request for information on previous convictions of third country nationals in accordance with national law, and to follow up on any hits with the Member States identified through the ECRIS system. They would also be required to verify the accuracy of the data sent to the Central System and to correct them, as well as to amend the data sent to the Central System in case of any subsequent amendment in national criminal records.

The proposal entrusts eu-LISA with the task of developing and operationally managing the ECRIS-TCN system. It nominates Eurojust as the contact point for third countries and international organisations which wish to request conviction information on a TCN.

BUDGETARY IMPLICATIONS: the impact on the EU and national budgets would be as follows: (i) one-off costs for the EU of around EUR 13 002 000; (ii) for the Member States approximately EUR 13 344 000 (a total of approximately EUR 26 346 000). Total on-going costs are expected to increase gradually over the years, starting at EUR 8 220 000 and increasing up to a maximum of EUR 17 520 000.

Documents

Votes

A8-0018/2018 - Daniel Dalton - Décision d'engager des négociations interinstitutionnelles 08/02/2018 12:13:38.000 #

2018/02/08 Outcome: +: 568, -: 45, 0: 12
DE IT ES PL FR GB RO BE PT NL AT SE HU CZ BG FI DK EL SK LT IE LV HR SI EE CY LU MT
Total
82
54
44
45
59
59
26
18
20
24
16
16
15
16
12
12
11
19
11
9
9
8
8
8
6
6
5
5
icon: PPE PPE
177

Estonia PPE

For (1)

1

Cyprus PPE

1

Luxembourg PPE

2
icon: S&D S&D
157

Netherlands S&D

3
3

Czechia S&D

2

Denmark S&D

2

Slovakia S&D

Abstain (1)

3

Ireland S&D

For (1)

1

Latvia S&D

1

Croatia S&D

For (1)

1

Slovenia S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Malta S&D

2
icon: ALDE ALDE
62

Germany ALDE

3

United Kingdom ALDE

1

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Sweden ALDE

2

Lithuania ALDE

2

Ireland ALDE

For (1)

1

Latvia ALDE

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1
icon: ECR ECR
63

Italy ECR

1

Romania ECR

For (1)

1

Netherlands ECR

For (1)

1

Czechia ECR

Abstain (1)

2

Bulgaria ECR

1
2

Greece ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Croatia ECR

For (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
44

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

4

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Austria Verts/ALE

2

Hungary Verts/ALE

2

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
42

Italy GUE/NGL

Abstain (1)

2

France GUE/NGL

Abstain (1)

3

United Kingdom GUE/NGL

1

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

3

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: EFDD EFDD
37

Germany EFDD

Against (1)

1

Poland EFDD

1

Sweden EFDD

2

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
icon: NI NI
12

Germany NI

2

Poland NI

Against (1)

1

United Kingdom NI

For (1)

Against (2)

3

Hungary NI

For (1)

Abstain (1)

2
icon: ENF ENF
29

Germany ENF

Abstain (1)

1

Poland ENF

2

Romania ENF

Abstain (1)

1

Netherlands ENF

4

A8-0018/2018 - Daniel Dalton - Vote 12/03/2019 12:43:53.000 #

2019/03/12 Outcome: -: 514, +: 129, 0: 22
CY EL IE SE EE LU SI MT DK NL FI LV CZ HR SK LT HU BE AT ES PT BG FR RO IT PL DE GB
Total
6
13
9
19
6
6
8
6
13
24
13
8
19
11
12
10
12
18
17
49
21
17
65
26
59
45
86
65
icon: GUE/NGL GUE/NGL
43

Cyprus GUE/NGL

2

Ireland GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Czechia GUE/NGL

2

Italy GUE/NGL

2

United Kingdom GUE/NGL

1
icon: Verts/ALE Verts/ALE
49

Sweden Verts/ALE

3

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

Against (1)

1

Slovenia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Latvia Verts/ALE

Against (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

Against (1)

1

Hungary Verts/ALE

Against (1)

1

Belgium Verts/ALE

2

Austria Verts/ALE

Against (1)

3

France Verts/ALE

6

Italy Verts/ALE

Against (1)

1

United Kingdom Verts/ALE

6
icon: ENF ENF
32

Netherlands ENF

3

Belgium ENF

For (1)

1

Austria ENF

Abstain (1)

4

Italy ENF

For (1)

Against (1)

4

Poland ENF

Abstain (1)

1

Germany ENF

Against (1)

1

United Kingdom ENF

Abstain (1)

4
icon: NI NI
13

Denmark NI

1

Hungary NI

Abstain (1)

1

France NI

Abstain (1)

1

Italy NI

Against (1)

1

Poland NI

Against (1)

2

Germany NI

1

United Kingdom NI

Against (2)

2
icon: EFDD EFDD
36

Czechia EFDD

For (1)

1

Lithuania EFDD

Against (1)

1

Poland EFDD

1
icon: ECR ECR
68

Cyprus ECR

Against (1)

1

Greece ECR

For (1)

1

Sweden ECR

2

Netherlands ECR

2

Finland ECR

2

Latvia ECR

Against (1)

1

Czechia ECR

2

Croatia ECR

Against (1)

1

Slovakia ECR

For (1)

3

Lithuania ECR

Against (1)

1

Belgium ECR

3

Bulgaria ECR

2

Romania ECR

Against (1)

1
icon: ALDE ALDE
65

Ireland ALDE

Against (1)

1

Estonia ALDE

3

Luxembourg ALDE

Against (1)

1

Slovenia ALDE

Against (1)

1

Denmark ALDE

3

Latvia ALDE

1

Croatia ALDE

2

Lithuania ALDE

2

Austria ALDE

Against (1)

1

Portugal ALDE

1

Romania ALDE

3
4

United Kingdom ALDE

Against (1)

1
icon: S&D S&D
169

Cyprus S&D

For (1)

Abstain (1)

2

Greece S&D

Abstain (1)

3

Ireland S&D

For (1)

1

Estonia S&D

Against (1)

1

Luxembourg S&D

Abstain (1)

1

Slovenia S&D

Against (1)

1

Malta S&D

3
3

Netherlands S&D

3

Finland S&D

Against (1)

2

Latvia S&D

Against (1)

1

Czechia S&D

4

Croatia S&D

2

Slovakia S&D

3

Lithuania S&D

2

Belgium S&D

3
icon: PPE PPE
188

Cyprus PPE

Against (1)

1

Greece PPE

Against (1)

1

Estonia PPE

Against (1)

1

Luxembourg PPE

3

Denmark PPE

Against (1)

1

Belgium PPE

3

United Kingdom PPE

2

A8-0018/2018 - Daniel Dalton - Am 104 12/03/2019 12:44:09.000 #

2019/03/12 Outcome: +: 379, -: 170, 0: 118
IT PL FR ES RO CZ BE DE SK BG HU LT AT LU HR LV SI MT CY PT EE DK IE FI NL SE GB EL
Total
59
45
65
49
27
19
18
87
12
17
13
10
17
6
11
8
8
6
6
21
6
13
9
13
26
18
63
13
icon: PPE PPE
189

Belgium PPE

3

Luxembourg PPE

3

Cyprus PPE

1

Estonia PPE

For (1)

1

Denmark PPE

For (1)

1

United Kingdom PPE

2

Greece PPE

1
icon: ECR ECR
66

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

2

Lithuania ECR

1

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
2

Netherlands ECR

2

Sweden ECR

1

Greece ECR

Abstain (1)

1
icon: S&D S&D
169

Belgium S&D

For (1)

3

Slovakia S&D

For (1)

3

Lithuania S&D

2

Luxembourg S&D

Abstain (1)

1

Croatia S&D

2

Latvia S&D

Abstain (1)

1

Slovenia S&D

Abstain (1)

1

Malta S&D

3

Cyprus S&D

2

Estonia S&D

Abstain (1)

1
3

Ireland S&D

Against (1)

1

Finland S&D

2

Netherlands S&D

For (1)

Abstain (2)

3

Greece S&D

3
icon: ENF ENF
32

Poland ENF

Against (1)

1

Belgium ENF

For (1)

1

Germany ENF

For (1)

1

Netherlands ENF

4

United Kingdom ENF

3
icon: EFDD EFDD
37

Poland EFDD

1

Czechia EFDD

Against (1)

1

Germany EFDD

For (1)

1

Lithuania EFDD

For (1)

1
icon: NI NI
14

Italy NI

For (1)

1

Poland NI

Against (1)

2

France NI

Abstain (1)

1

Germany NI

Against (1)

1

Hungary NI

2

Denmark NI

1

United Kingdom NI

For (1)

Against (1)

2
icon: ALDE ALDE
65

Romania ALDE

Abstain (1)

3

Czechia ALDE

Against (1)

4

Germany ALDE

For (1)

4

Bulgaria ALDE

For (1)

4

Lithuania ALDE

Against (1)

2

Austria ALDE

Against (1)

1

Luxembourg ALDE

For (1)

1

Croatia ALDE

2

Latvia ALDE

1

Slovenia ALDE

Against (1)

1

Portugal ALDE

1

Estonia ALDE

For (1)

Against (2)

3

Denmark ALDE

3

Ireland ALDE

Abstain (1)

1

United Kingdom ALDE

Against (1)

1
icon: GUE/NGL GUE/NGL
43

Italy GUE/NGL

2

Czechia GUE/NGL

2

Cyprus GUE/NGL

2

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Finland GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3

Sweden GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

Against (1)

1
icon: Verts/ALE Verts/ALE
50

Italy Verts/ALE

Against (1)

1

Belgium Verts/ALE

2

Hungary Verts/ALE

Against (1)

1

Lithuania Verts/ALE

Against (1)

1

Austria Verts/ALE

3

Luxembourg Verts/ALE

Against (1)

1

Croatia Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Slovenia Verts/ALE

Against (1)

1

Estonia Verts/ALE

For (1)

1

Denmark Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

Netherlands Verts/ALE

2

Sweden Verts/ALE

3

United Kingdom Verts/ALE

6
AmendmentsDossier
280 2017/0144(COD)
2017/11/15 BUDG 7 amendments...
source: 612.148
2017/11/30 LIBE 273 amendments...
source: 615.287

History

(these mark the time of scraping, not the official date of the change)

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events/12/summary
  • PURPOSE: to enable the rapid and efficient exchange of accurate information on criminal records of third-country nationals.
  • LEGISLATIVE ACT: Regulation (EU) 2019/816 of the European Parliament and of the Council 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 amending Regulation (EU) 2018/1726.
  • CONTENT: this Regulation establishes:
  • - a system to identify the Member States holding information on previous convictions of third-country nationals (‘ECRIS-TCN’);
  • - the conditions under which ECRIS-TCN shall be used by the central authorities in order to obtain information on such previous convictions through the European Criminal Records Information System (ECRIS) as well as the conditions under which Eurojust, Europol and the EPPO shall use ECRIS-TCN.
  • Exchange of information on criminal records
  • The reformed European Criminal Records Information System (ECRIS) shall include a centralised database containing information on convictions of third country nationals and stateless persons (ECRIS-TCN). The Regulation defines the rules for the creation of a centralised system. It specifies the data to be recorded and sets access rights.
  • The Regulation shall apply to the processing of identification data of third-country nationals who have been convicted in Member States to enable the identification of Member States in which such convictions have been handed down. It shall also apply to persons with dual EU/third country nationality who have been convicted in the Member States.
  • Information relating to the conviction itself shall always be available only from the convicting Member State.
  • Data entry in ECRIS-TCN
  • For each convicted third-country national, the central authority of the convicting Member State shall create a data record in the central system. The convicting Member State shall create the data file automatically, if possible, and without undue delay after the conviction has been entered in the criminal record.
  • The alphanumeric data to be entered by Member States in the central system shall include the name (surname) and forenames of the convicted person and, where available to the central authority, any pseudonyms or aliases of that person. They shall also include, in addition, the identity number, or the type and number of the identity documents of the person concerned, as well as the name of the authority that issued these documents, where the central authority has this information.
  • ECRIS-TCN shall allow the processing of fingerprint data to identify Member States holding information on the criminal record of a third-country national. It shall also allow the processing of facial images in order to confirm his identity if the law of the convicting Member State allows the collection and storage of facial images of convicted persons.
  • The recording and use of fingerprint data and facial images should not go beyond what is strictly necessary to achieve the objective pursued. They shall respect fundamental rights, as well as the best interests of the child, and comply with applicable EU data protection rules.
  • Use of ECRIS-TCN
  • Central authorities could use ECRIS-TCN to identify Member States that hold information on the criminal record of a third-country national when the information is requested in the Member State concerned for the purpose of criminal proceedings against that person, or for one of the following purposes, if national law so provides and in accordance with it:
  • - a person's own criminal record check, at their request;
  • - security clearance;
  • - obtaining a licence or permit;
  • - investigations carried out in the context of professional recruitment and recruitment for voluntary activities involving direct and regular contact with children or vulnerable persons;
  • - visa, citizenship and migration procedures, including asylum procedures; and
  • - audits in relation to public contracts and public competitions.
  • The authority responsible for conducting criminal proceedings could decide that ECRIS-TCN should not be used when this would not be appropriate in the circumstances of the case, for example in the case of minor offences.
  • Any person would have the right to lodge a complaint and the right to bring an action in the convicting Member State which refused him/her the right of access to data concerning him/her or the right to have them rectified or deleted.
  • Each data record shall be stored in the central system for as long as the data related to the convictions of the person concerned are stored in the criminal records.
  • Management
  • The European Union Agency for the Operational Management of Large-Scale Information Systems in the Area of Freedom, Security and Justice (eu-LISA) would be responsible for the development of ECRIS-TCN in accordance with the principle of data protection from the design stage and by default. It would also be responsible for the operational management of ECRIS-TCN.
  • ENTRY INTO FORCE: 11.6.2019.
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  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3584 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3584*&MEET_DATE=08/12/2017 date: 2017-12-08T00:00:00
docs
  • date: 2017-06-29T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2017:0248:FIN:EN:PDF title: EUR-Lex title: SWD(2017)0248 type: Document attached to the procedure body: EC
  • date: 2017-10-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE612.310 title: PE612.310 type: Committee draft report body: EP
  • date: 2017-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE615.287 title: PE615.287 type: Amendments tabled in committee body: EP
  • date: 2017-12-12T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2018:055:TOC title: OJ C 055 14.02.2018, p. 0004 title: N8-0051/2018 type: Document attached to the procedure body: EDPS
  • date: 2017-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE612.106&secondRef=03 title: PE612.106 committee: BUDG type: Committee opinion body: EP
  • date: 2018-12-19T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/libe/lcag/2019/12-19/LIBE_LA(2019)000581_EN.pdf title: GEDA/A/(2019)000581 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2019-04-17T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00088/2018/LEX type: Draft final act body: CSL
  • date: 2019-04-30T00:00:00 docs: title: SP(2019)393 type: Commission response to text adopted in plenary
  • date: 2017-09-26T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2017)0344 title: COM(2017)0344 type: Contribution body: DE_BUNDESRAT
  • date: 2017-10-11T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2017)0344 title: COM(2017)0344 type: Contribution body: IT_CHAMBER
  • date: 2017-10-23T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2017)0344 title: COM(2017)0344 type: Contribution body: ES_PARLIAMENT
  • date: 2017-10-24T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2017)0344 title: COM(2017)0344 type: Contribution body: PT_PARLIAMENT
events
  • date: 2017-06-29T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0344/COM_COM(2017)0344_EN.pdf title: COM(2017)0344 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2017&nu_doc=0344 title: EUR-Lex summary: PURPOSE: to allow the rapid and efficient exchange of information on the criminal records of third-country nationals. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the objective of providing EU citizens with an area of ​​freedom, security and justice without internal borders presupposes exchanging information extracted from criminal records between the competent authorities of the Member States. These exchanges of information are organised and facilitated by the rules laid down in Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States, a new criminal procedure and the European Criminal Records Information System ( ECRIS ) established by Council Decision 2009/316/JHA . Although it is possible to exchange information on convictions concerning third-country nationals (TCNs) through ECRIS, there is no procedure or mechanism to do so in an efficient manner. Information on third country nationals is not gathered within the Union in the Member State of nationality as it is for nationals of Member States, but only stored in the Member States where the convictions have been handed down. A complete overview of the criminal history of a third country national can therefore be ascertained only if such information is requested from all Member States. Such 'blanket requests' impose an administrative burden on all Member States, including those not holding information on that third country national. In practice, this burden deters Member States from requesting information on third country nationals, and leads to Member States limiting the criminal record information to information stored in their national register. To improve the situation, it is proposed to establish a system by which the central authority of a Member State can find out quickly and efficiently in which other Member State(s) criminal record information on a third country national is stored. As a result of the terrorist attacks in many European cities, exchange of information on criminal records is crucial to combat cross-border crime. The initiative follows the requests of the European Council and the Justice and Home Affairs Council to improve the existing ECRIS. It also reflects the Commission's new approach to the management of data for borders and security. IMPACT ASSESSMENT: the creation of a centralised ECRIS-TCN system containing both alphanumeric data and fingerprints is the preferred solution. It would be the most cost efficient, and technically less complex and easier to maintain compared to the others. This option also offers the additional advantages of making the ECRIS-TCN system suitable for participating in a future shared biometric matching service and a common identity repository, facilitating direct access for Eurojust, Europol, [and the European Public Prosecutor's Office] and creating a central contact point at Eurojust for third States requiring information on convicted TCN. If Member States were to systematically send ‘blanket’ requests, the administrative burden in responding to them has been identified as the most costly element (estimated up to EUR 78 million) of the ECRIS-workflow; the proposed solution saves such costs. CONTENT: this proposal supplements the Commission's 2016 proposal for a Directive to amend the ECRIS Framework Decision and to repeal the ECRIS Council Decision: creating a centralised system to efficiently identify which Member State(s) hold conviction information on TCN; establishing rules under which the ECRIS-TCN system is used by competent authorities to obtain information on such previous convictions through the European Criminal Records Information System. The proposed hit/no hit search system, based on alphanumeric data and fingerprints of TCN convicted in the Member States, will allow Member States to quickly identify other Member State(s) having convicted a particular TCN. The requesting Member State should then request those identified Member States to provide the actual conviction information through the existing ECRIS system as improved by January 2016 proposal. As soon as this becomes technically possible, facial images may also be used to identify a third country national on the basis of this biometric identifier The proposal sets an obligation for the convicting Member State: to create a data record in the Central ECRIS-TCN System for each convicted TCN as soon as possible after the conviction was entered into the national criminal records register; to create records in the ECRIS-TCN system of 'historical' convictions of third country nationals, i.e. convictions handed down prior to the entry into force of the Regulation. Member States would be required to use the ECRIS-TCN system in all cases where they receive a request for information on previous convictions of third country nationals in accordance with national law, and to follow up on any hits with the Member States identified through the ECRIS system. They would also be required to verify the accuracy of the data sent to the Central System and to correct them, as well as to amend the data sent to the Central System in case of any subsequent amendment in national criminal records. The proposal entrusts eu-LISA with the task of developing and operationally managing the ECRIS-TCN system. It nominates Eurojust as the contact point for third countries and international organisations which wish to request conviction information on a TCN. BUDGETARY IMPLICATIONS: the impact on the EU and national budgets would be as follows: (i) one-off costs for the EU of around EUR 13 002 000; (ii) for the Member States approximately EUR 13 344 000 (a total of approximately EUR 26 346 000). Total on-going costs are expected to increase gradually over the years, starting at EUR 8 220 000 and increasing up to a maximum of EUR 17 520 000.
  • date: 2017-09-11T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-01-25T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-01-25T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2018-02-01T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0018&language=EN title: A8-0018/2018 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Daniel DALTON (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011. The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows. Subject matter : the Regulation shall enable the rapid, efficient and accurate as possible exchange of criminal record information on third country nationals, by putting in place common Union rules and interoperable systems. Data entry in the ECRIS-TCN system : for each convicted third country national whose data have been entered in the criminal record of the convicting Member State, the central authority of that Member State shall create a data record in the Central System. This recording shall not contain data on the names of parents and shall only contain fingerprint data and facial images only when the national law of a Member State where a conviction is handed down allows for collection and storage of fingerprints and facial images of a convicted person. The convicting Member State shall create the data record automatically, where possible, and in any event within 24 hours upon the conviction being entered into the national criminal records register. The central authority of the convicting Member State shall permanently erase the individual data record automatically, where possible, from the Central System, and in any event within 24 hours after the expiry of that retention period. The Commission shall adopt delegated acts to provide, as soon as it becomes technically possible and based on an assessment by the Commission of the availability and readiness of the required technology, that facial images may also be used to identify a third country national on th e basis of this biometric identifier. Proportionality, fundamental rights, data protection : any introduction and use of fingerprint data and facial images must: never exceed what is strictly necessary to achieve the aim; respect fundamental rights , including the best interests of children; be in conformity with Directive (EU) 2016/680 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. Third country nationals shall be able to address requests related to their rights of access to, and correction and deletion of, data to the central authority of any Member State. An amendment ensured that third-country nationals requesting a criminal records extract shall receive, if they have committed no offences, a certificate that there was no hit on ECRIS, which proves that they have no criminal records in any Member States. Use of the results obtained in the ECRIS-TCN system : the ECRIS-TCN system only allows a competent authority to establish where criminal records information is held, and not what that information is. In order to obtain the details of what the criminal conviction actually is, the competent authority will still need to use the traditional ECRIS system to make a request to the relevant Member State. Therefore, Members included an amendment to make it clear that a hit in the ECRIS-TCN system by itself shall not be used to affect a judicial outcome by undermining the principle of equality before the law, the right to a fair trial, the presumption of innocence or the general prohibition of discrimination. Right of access for Eurojust, Europol and the European Public Prosecutor's Office : authorised staff of Eurojust, Europol and the European Public Prosecutor's Office shall have direct access to the ECRIS-TCN system. Staff with a right of access to the system shall be subject to internal disciplinary measures if they make use of data from the ECRIS-TCN system in a way which does not conform with this Regulation. Monitoring and evaluation : the report submitted by eu-LISA on the state of development of the ECRIS-TCN system shall include an overview of the current costs and progress of the project, a financial impact assessment, and information on any technical problems and risks that may impact the overall costs of the system. In the event of delays in the development process, the European Parliament and the Council shall be informed as soon as possible.
  • date: 2018-03-12T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=30688&l=en title: Results of vote in Parliament
  • date: 2019-01-23T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: url: http://www.europarl.europa.eu/RegData/commissions/libe/inag/2019/01-17/LIBE_AG(2019)632976_EN.pdf title: PE632.976 url: http://www.europarl.europa.eu/RegData/commissions/libe/lcag/2019/12-19/LIBE_LA(2019)000581_EN.pdf title: GEDA/A/(2019)000581
  • date: 2019-03-11T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20190311&type=CRE title: Debate in Parliament
  • date: 2019-03-12T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0149 title: T8-0149/2019 summary: The European Parliament adopted by 422 votes to 130 with 16 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for identifying Member States holding information on convictions of third-country nationals and stateless persons, which aims to complement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011. The position of the European Parliament adopted at first reading under the ordinary legislative procedure has amended the Commission proposal as follows: Purpose and scope The regulation would establish a system to identify Member States holding information on previous convictions of third-country nationals (ECRIS-TCN). The new centralised database should improve the exchange of information on criminal records of third-country nationals throughout the EU and contribute to the EU's fight against cross-border crime and terrorism. The regulation would apply to the processing of identification data of third-country nationals who have been convicted in Member States to enable the identification of Member States in which such convictions have been handed down. The provisions would also apply to Union citizens who are also nationals of a third country and who have been convicted in the Member States since it is possible that these persons present themselves as one or more nationalities, and that different conviction decisions are kept in the convicting Member State or in the Member State of which the person concerned is a national. Data entry in ECRIS-TCN The convicting Member State should create the data file automatically, if possible, and without undue delay after the conviction has been entered in the criminal record. The alphanumeric data to be entered by Member States in the central system would include the name (surname) and forenames of the convicted person and, where available to the central authority, any pseudonyms or aliases of that person. They should also include, in addition, the identity number, or the type and number of the identity documents of the person concerned, as well as the name of the authority that issued these documents, where the central authority has this information. ECRIS-TCN would allow the processing of fingerprint data to identify Member States holding information on the criminal record of a third-country national. It would also allow the processing of facial images in order to confirm his identity if the law of the convicting Member State allows the collection and storage of facial images of convicted persons. The recording and use of fingerprint data and facial images should not go beyond what is strictly necessary to achieve the objective pursued. They should respect fundamental rights, as well as the best interests of the child, and comply with applicable EU data protection rules. Use of ECRIS-TCN Central authorities could use ECRIS-TCN to identify Member States that hold information on the criminal record of a third-country national when the information is requested in the Member State concerned for the purpose of criminal proceedings against that person, or for one of the following purposes, if national law so provides and in accordance with it: - a person's own criminal record check, at their request; - security clearance; - obtaining a licence or permit; - investigations carried out in the context of professional recruitment and recruitment for voluntary activities involving direct and regular contact with children or vulnerable persons; - visa, citizenship and migration procedures, including asylum procedures; and - audits in relation to public contracts and public competitions. The authority responsible for conducting criminal proceedings could decide that ECRIS-TCN should not be used when this would not be appropriate in the circumstances of the case, for example in the case of minor offences. Any person would have the right to lodge a complaint and the right to bring an action in the convicting Member State which refused him/her the right of access to data concerning him/her or the right to have them rectified or deleted. Use of ECRIS-TCN Central authorities could use ECRIS-TCN to identify Member States that hold information on the criminal record of a third-country national when the information is requested in the Member State concerned for the purpose of criminal proceedings against that person, or for one of the following purposes, if national law so provides and in accordance with it: - a person's own criminal record check, at their request; - security clearance; - obtaining a licence or permit; - investigations carried out in the context of professional recruitment and recruitment for voluntary activities involving direct and regular contact with children or vulnerable persons; - visa, citizenship and migration procedures, including asylum procedures; and - audits in relation to public contracts and public competitions. The authority responsible for conducting criminal proceedings could decide that ECRIS-TCN should not be used when this would not be appropriate in the circumstances of the case, for example in the case of minor offences. Any person would have the right to lodge a complaint and the right to bring an action in the convicting Member State which refused him/her the right of access to data concerning him/her or the right to have them rectified or deleted. The proposed new regulation also defines the conditions under which Eurojust, Europol and the European Public Prosecutor's Office use ECRIS-TCN. The European Union Agency for the Operational Management of Large-Scale Information Systems in the Area of Freedom, Security and Justice (eu-LISA) would be responsible for the development of ECRIS-TCN in accordance with the principle of data protection from the design stage and by default. It would also be responsible for the operational management of ECRIS-TCN.
  • date: 2019-04-09T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2019-04-17T00:00:00 type: Final act signed body: CSL
  • date: 2019-04-17T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2019-05-22T00:00:00 type: Final act published in Official Journal docs: title: Regulation 2019/816 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019R0816 title: OJ L 135 22.05.2019, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:135:TOC
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  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
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  • PURPOSE: to allow the rapid and efficient exchange of information on the criminal records of third-country nationals.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: the objective of providing EU citizens with an area of ​​freedom, security and justice without internal borders presupposes exchanging information extracted from criminal records between the competent authorities of the Member States.

    These exchanges of information are organised and facilitated by the rules laid down in Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States, a new criminal procedure and the European Criminal Records Information System (ECRIS) established by Council Decision 2009/316/JHA.

    Although it is possible to exchange information on convictions concerning third-country nationals (TCNs) through ECRIS, there is no procedure or mechanism to do so in an efficient manner.

    Information on third country nationals is not gathered within the Union in the Member State of nationality as it is for nationals of Member States, but only stored in the Member States where the convictions have been handed down. A complete overview of the criminal history of a third country national can therefore be ascertained only if such information is requested from all Member States.

    Such 'blanket requests' impose an administrative burden on all Member States, including those not holding information on that third country national. In practice, this burden deters Member States from requesting information on third country nationals, and leads to Member States limiting the criminal record information to information stored in their national register.

    To improve the situation, it is proposed to establish a system by which the central authority of a Member State can find out quickly and efficiently in which other Member State(s) criminal record information on a third country national is stored.

    As a result of the terrorist attacks in many European cities, exchange of information on criminal records is crucial to combat cross-border crime. The initiative follows the requests of the European Council and the Justice and Home Affairs Council to improve the existing ECRIS. It also reflects the Commission's new approach to the management of data for borders and security.

    IMPACT ASSESSMENT: the creation of a centralised ECRIS-TCN system containing both alphanumeric data and fingerprints is the preferred solution. It would be the most cost efficient, and technically less complex and easier to maintain compared to the others. This option also offers the additional advantages of making the ECRIS-TCN system suitable for participating in a future shared biometric matching service and a common identity repository, facilitating direct access for Eurojust, Europol, [and the European Public Prosecutor's Office] and creating a central contact point at Eurojust for third States requiring information on convicted TCN.

    If Member States were to systematically send ‘blanket’ requests, the administrative burden in responding to them has been identified as the most costly element (estimated up to EUR 78 million) of the ECRIS-workflow; the proposed solution saves such costs. 

    CONTENT: this proposal supplements the Commission's 2016 proposal for a Directive to amend the ECRIS Framework Decision and to repeal the ECRIS Council Decision:

    • creating a centralised system to efficiently identify which Member State(s) hold conviction information on TCN;
    • establishing rules under which the ECRIS-TCN system is used by competent authorities to obtain information on such previous convictions through the European Criminal Records Information System.

    The proposed hit/no hit search system, based on alphanumeric data and fingerprints of TCN convicted in the Member States, will allow Member States to quickly identify other Member State(s) having convicted a particular TCN.

    The requesting Member State should then request those identified Member States to provide the actual conviction information through the existing ECRIS system as improved by January 2016 proposal. 

    As soon as this becomes technically possible, facial images may also be used to identify a third country national on the basis of this biometric identifier

    The proposal sets an obligation for the convicting Member State:

    • to create a data record in the Central ECRIS-TCN System for each convicted TCN as soon as possible after the conviction was entered into the national criminal records register;
    • to create records in the ECRIS-TCN system of 'historical' convictions of third country nationals, i.e. convictions handed down prior to the entry into force of the Regulation.

    Member States would be required to use the ECRIS-TCN system in all cases where they receive a request for information on previous convictions of third country nationals in accordance with national law, and to follow up on any hits with the Member States identified through the ECRIS system. They would also be required to verify the accuracy of the data sent to the Central System and to correct them, as well as to amend the data sent to the Central System in case of any subsequent amendment in national criminal records.

    The proposal entrusts eu-LISA with the task of developing and operationally managing the ECRIS-TCN system. It nominates Eurojust as the contact point for third countries and international organisations which wish to request conviction information on a TCN.

    BUDGETARY IMPLICATIONS: the impact on the EU and national budgets would be as follows: (i) one-off costs for the EU of around EUR 13 002 000; (ii) for the Member States approximately EUR 13 344 000 (a total of approximately EUR 26 346 000). Total on-going costs are expected to increase gradually over the years, starting at EUR 8 220 000 and increasing up to a maximum of EUR 17 520 000.

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EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
committees/2/shadows/2
group
ALDE
name
MLINAR Angelika
procedure/dossier_of_the_committee
LIBE/8/10389
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
committees/2/shadows/1
group
S&D
name
HEDH Anna
committees/2/shadows
  • group: EPP name: CSÁKY Pál
  • group: GUE/NGL name: DE JONG Dennis
  • group: Verts/ALE name: ALBRECHT Jan Philipp
  • group: ENF name: FONTANA Lorenzo
committees/2/date
2017-08-31T00:00:00
committees/2/rapporteur
  • group: ECR name: DALTON Daniel
committees/0/date
2017-07-11T00:00:00
committees/0/rapporteur
  • group: ECR name: KÖLMEL Bernd
activities
  • date: 2017-06-29T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0344/COM_COM(2017)0344_EN.pdf celexid: CELEX:52017PC0344:EN type: Legislative proposal published title: COM(2017)0344 body: EC commission: type: Legislative proposal published
committees
  • body: EP responsible: False committee_full: Budgets committee: BUDG
  • body: EP responsible: False committee_full: Budgetary Control committee: CONT
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
    procedure
    reference
    2017/0144(COD)
    instrument
    Regulation
    legal_basis
    Treaty on the Functioning of the EU TFEU 082-p1
    stage_reached
    Preparatory phase in Parliament
    summary
    subtype
    Legislation
    title
    Centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject
    7.40.04 Judicial cooperation in criminal matters