What changed between the plenary report and the adopted text

Removed:DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Added:P9_TA(2024)0182

Removed: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

Added:European Criminal Records Information System - Third Country Nationals

Removed:(COM(2021)0096 – C90088/2021 – 2021/0046(COD))

Added:Committee on Civil Liberties, Justice and Home Affairs

Added:PE700.426

Added:European Parliament legislative resolution of 10 April 2024 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 (COM(2021)0096 – C9-0088/2021 – 2021/0046(COD))

4 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0096),

– having regard to 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, pursuant to which the Commission submitted the proposal to Parliament (C90088/2021),

Changed:– having regard to Articlethe 294(3)opinion of the TreatyCommittee on theLegal FunctioningAffairs ofon the Europeanproposed Union,legal basis,

Removed:– having regard to Rule 59 of its Rules of Procedure,

Added:– having regard to Article 294(3), Article 78(2)(e), Article 79(2)(c), Article 82(1), second subparagraph, point (d), and Article 87(2)(a) of the Treaty on the Functioning of the European Union,

Added:– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

Added:– having regard to Rules 59 and 40 of its Rules of Procedure,

4 unchanged paragraphs

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0148/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Removed:Recital 1: (1) Regulation (EU) …/… [Screening Regulation]15 provides for identity, security, health and vulnerability checks of third country nationals who have crossed the external border irregularly, those who have applied for international protection at external border crossing points or in transit zones without fulfilling the entry conditions and those who have been disembarked following a search and rescue operation. / 15 Regulation (EU) …/…of the European Parliament and of the Council introducing a screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817, OJ [...],2020/0278(COD). / deleted

Added:P9_TC1-COD(2021)0046

Removed:Recital 2: (2) The Regulation (EU) …/… [Screening Regulation] provides that a verification for security purposes in the framework of the screening should be carried out against the European Criminal Records Information System for third country nationals (ECRIS-TCN) as regards persons convicted in relation to terrorist offences and other forms of serious criminal offences. / deleted / deleted

Added:Position of the European Parliament adopted at first reading on 10 April 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council amending Regulations (EU) 2019/816 and (EU) 2019/818 for the purpose of introducing the screening of third-country nationals at the external borders

Removed:Recital 3: (3) Limited access to the ECRIS-TCN is necessary for the authorities designated to carry out the screening provided for in Regulation (EU) …/… [ Screening Regulation] in order to establish whether a person could pose a threat to internal security. / deleted

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/1352.)

Removed:Recital 4: (4) Regulation (EU) …/… [Screening Regulation ], which constitutes a development of the Schengen acquis regarding borders, amends Regulations (EC) No 767/200821 , (EU) 2017/222622 , (EU) 2018/124023 and (EU) 2019/81724 , which likewise constitute developments of the Schengen acquis regarding borders, to grant a right to consult, for the purposes of the screening, the data contained in the Visa Information System (VIS), to the Entry-Exit System (EES) and to European Travel Information and Authorisation System (ETIAS) respectively. However, the parallel amendment of Regulation (EU) No 2019/816 to grant a right to consult, for the purposes of the screening, the data contained in ECRIS-TCN could not be part of the same regulation for reasons of variable geometry, as the regulation establishing ECRIS-TCN does not constitute a development of the Schengen acquis. Regulation 2019/816 should therefore be amended by a distinct legal instrument. / deleted

Removed:Recital 5: (5) Since the objective of this Regulation, namely to enable a consultation of ECRIS-TCN for the purposes of the security checks established by Regulation (EU) …/… [Screening Regulation ], which in turn aims to strengthen the border checks at the external borders and to provide for the verification of identity or for the identification of all third-country nationals subject to the screening and for the consultation of the relevant databases in order to verify whether the persons might pose a threat to internal security, cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. / deleted

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 1 – introductory part, Article 1: 1. In Article 1, the following point (f) is added:

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 1, Article 1 – paragraph 1 – point e: (f) the conditions under which ECRIS-TCN shall be used in order to perform a security check in accordance with Articles 11 and 12 of Regulation (EU) …/… [Screening Regulation].’ / deleted

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 2, Article 2 – paragraph 2 – point a: (c) facilitates and assists in the correct identification of persons in accordance with this Regulation and with Regulation (EU) 2019/818;

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 2, Article 2 – paragraph 2 – point b: (d) supports the objectives of Regulation (EU) …/… [Screening Regulation ] as regards the carrying out of the security checks provided for in Articles 11 and 12 of that Regulation.

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point 6: (6) ‘competent authorities’ means the central authorities and Eurojust, Europol, the EPPO, the VIS designated authorities as referred to in Article 9d and Article 22b(13) of Regulation (EC) No 767/2008 , the ETIAS Central Unit and the authorities referred to in Article 6(7) first subparagraph of Regulation (EU) …/… [Screening Regulation], which are competent to access or query ECRIS-TCN in accordance with this Regulation; / deleted

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 4 – point a, Article 5 – paragraph 1 – point c: (c) a flag indicating, for the purpose of Regulations (EC) No 767/2008 and (EU) 2018/1240 and of Article 11 and 12 of Regulation (EU) …/… [Screening Regulation], that the third-country national concerned has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under national law, including the code of the convicting Member State.’;

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 4 – point b, Article 5 – paragraph 8: 8. For the purpose of the security checks referred to in Articles 11 and 12 of Regulation (EU) …/… [Screening Regulation ] only data records to which a flag has been added in accordance with point (c) of paragraph 1 of this Article shall be searchable.’

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 5, Article 7 – paragraph 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 5a (new), Article 7 – paragraph 7 a (new): 5a. In Article 7, a new paragraph is inserted: / 7a. Following a search launched by the authorities referred to in Article 6(7) of Regulation (EU) …/… [Regulation on Screening], the central system shall inform the competent authority of a hit and shall automatically notify the central authority of the Member State holding criminal records information on the third country national concerned of a request for an opinion on whether the presence of that person on the territory of the Member States would pose a threat to internal security as referred to in Article 11 of that regulation. The result of a search in the central system shall only be used for the purposes of assessing whether the third country national subject to the screening might pose a threat to internal security in accordance with Articles 11 and 12 of Regulation (EU) …/… [Screening Regulation].

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 6, Article 7a – paragraph 1: deleted

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 6, Article 7a – paragraph 2: deleted

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 6, Article 7a: In the cases referred to in Article 7, paragraph 7a, the central authority of the Member State holding criminal records information on the third country national subject to the screening shall provide an opinion to the competent authorities within four days. The absence of opinion within four days shall mean that there are no security grounds to be taken into account.

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 7 – introductory part, Article 24: 7. In Article 24, paragraph 1, subparagraph 1, the following point is added:

Removed:Regulation (EU) 2019/816

Removed:Article 1 – paragraph 1 – point 7, Article 24 – paragraph 1 – point d (new): (d) screening pursuant to Articles 11 and 12 of Regulation (EU) …/… [Screening Regulation].’

Removed:Regulation (EU) 2019/818

Removed:Article 2 – paragraph 1 – point 4, Article 20a – paragraph 1: 1. Queries of the CIR shall be carried out by the designated competent authority as referred to in Article 6(7) of Regulation (EU) …/… [Screening Regulation], solely for the purpose of verification of identity or identification of a person according to Article 10 of that Regulation, provided that the procedure was initiated in the presence of that person.