Directive (EU) 2019/884

What it is

to improve the existing European Criminal Records Information System (ECRIS) to enable rapid and efficient exchange of criminal record information on third country nationals. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLEOF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: ECRIS is an electronic system for exchanging information on previous convictions handed down against a specific person by criminal courts in the EU for the purposes of criminal proceedings against a person and, if so permitted by national law, for other purposes. The system is based on Council Framework Decision 2009/315/JHA and Council Decision 2009/316/JH . The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Timothy KIRKHOPE (ECR, UK) on the proposal for a directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows: define the ways and conditions under which a convicting Member State shares information on convictions with other Member State; define storage and privacy obligations for the convicting Member State, and specifies the methods to be followed when replying to a request for information extracted from criminal records; define storage obligations for the Member States of the person’s nationality and specifies the methods to be followed when replying to a request for information extracted from criminal records. Database : each Member State shall take all the necessary measures to ensure that when convictions are handed down within its territory, they are entered into its criminal records database, and that information on the nationality or nationalities of the convicted person is included if the person is a national of another Member State or a third country national. Obligations of the convicting Member State as regards convictions against third country nationals : Members introduced an amending seeking to ensure that the data stored at the national level regarding convicted third-country nationals is categorised in the same way as for convicted EU nationals , with "obligatory information" and "optional information" in order to avoid any unnecessary discrimination. Bilateral agreements : where, in the context of criminal proceedings, a Member State receives, on the basis of bilateral agreements compliant with Union law, information on a conviction relating to terrorist offences or serious criminal offences handed down by a judicial authority in a third country to a third country national residing on the territory of the Union, that Member State should be able to create and transmit to other Member States an index-filter with this information, within the limitations of the…

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