Considerations on COM(2021)96 - Amending regulations on information systems on conviction information (ECRIS-TCN), police and judicial cooperation, asylum and migration, and on screening at external borders

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dossier COM(2021)96 - Amending regulations on information systems on conviction information (ECRIS-TCN), police and judicial cooperation, asylum ...
document COM(2021)96 EN
date May 14, 2024
 
(1) Regulation (EU) …/… [Regulation on Screening] 15 provides for identity, security and health checks of third country nationals who are at the external border without fulfilling the entry conditions or who are apprehended within the territory, and where there are no indications that they have been subject to controls at external borders. Regulation (EU) …/… [Regulation on Screening] 16 addresses the challenges of managing mixed flows of migrants and creates uniform rules allowing for a quick identification of third country nationals and referral to the applicable procedures.

(2) The Regulation (EU) …/… [Regulation on Screening] 17 provides that verifications for security purposes in the framework of the screening should be carried out against the same systems as for applicants for visas or for travel authorisations under the European Travel Information and Authorisation System. In particular, Regulation (EU) …/… [Regulation on Screening] 18 provides that the personal data of the persons submitted to the screening should be checked against Europol data, Interpol Stolen and Lost Travel Documents database (SLTD) and Interpol Travel Documents Associated with Notices database (TDAWN), as well as 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.

(3) Access to the ECRIS-TCN is necessary for the authorities designated to carry out the screening provided for in Regulation (EU) …/… [Regulation on Screening] 19 in order to establish whether a person could pose a threat to internal security or to public policy.

(4) Regulation (EU) …/… [Regulation on Screening] 20 , which constitutes a development of the Schengen acquis regarding borders, amends Regulations (EC) No 767/2008 21 , (EU) 2017/2226 22 , (EU) 2018/1240 23 and (EU) 2019/817 24 , which likewise constitute developments of the Schengen acquis regarding borders, to grant access rights for the purposes of the screening to 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 access rights for the purposes of the screening to 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.

(5) Since the objective of this Regulation, namely to enable access to the ECRIS-TCN for the purposes of the security checks established by Regulation (EU) …/… [Regulation on Screening] 25 , which in turn aims at the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures, cannot be sufficiently achieved by the Member States, but can only be 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 to achieve that objective.

(6) Regulation (EU) …/… [Regulation on Screening] 26 provides for specific rules concerning the identification of third-country nationals by means of consulting the Common Identity Repository (CIR) established by Regulations (EU) 2019/817 and (EU) 2019/818 of the European Parliament and of the Council in order to facilitate and assist in the correct identification of persons registered in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, including of unknown persons who are unable to identify themselves.

(7) Since access to data stored in the Common Identity Repository (CIR) for identification purposes is necessary for the authorities designated to carry out the screening, the Regulation (EU) …/… [Regulation on Screening] 27 amends Regulation (EU) 2019/817. For reasons of variable geometry it was not possible to amend Regulation (EU) 2019/818 in the same Regulation, therefore Regulation (EU) 2019/818 should be amended by a distinct legal instrument.

(8) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaties, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(9) In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of Ireland in respect of the area of freedom, security and justice, annexed to the Treaties, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.