What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

8 unchanged paragraphs

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 – C90088/2021 – 2021/0046(COD))

(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),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

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

Changed:– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2021),(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:Title: amending 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: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

Removed:Recital 2: deleted / (deleted) / (deleted)

Added: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

Removed:Recital 3: deleted / (deleted)

Added: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

Removed:Recital 4: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added: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: deleted / (deleted)

Added: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

Regulation (EU) 2019/816

Change 2

Removed:Article 1(e) – Article 2 – Article 3(6) – Article 5 – Article 7 – Article 7a (new) – Article 24(1)

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

Removed:Article 1: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Regulation (EU) 2019/816

Removed:The Rapporteur is not convinced that the provisions granting blanket access rights to the competent authorities are necessary to allow for the screening to be carried out effectively.

Added: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

Added:Regulation (EU) 2019/816

Added: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;

Added:Regulation (EU) 2019/816

Added: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.

Added:Regulation (EU) 2019/816

Added: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

Added:Regulation (EU) 2019/816

Added: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.’;

Added:Regulation (EU) 2019/816

Added: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.’

Added:Regulation (EU) 2019/816

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

Added:Regulation (EU) 2019/816

Added: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].

Added:Regulation (EU) 2019/816

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

Added:Regulation (EU) 2019/816

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

Added:Regulation (EU) 2019/816

Added: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.

Added:Regulation (EU) 2019/816

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

Added:Regulation (EU) 2019/816

Added: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].’

Added:Regulation (EU) 2019/818

Added: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.