Legal provisions of COM(2016)7 - Amendment of council framework decision 2009/315/JHA on the exchange of information on third country nationals and the European Criminal Records Information System (ECRIS) - Main contents
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dossier | COM(2016)7 - Amendment of council framework decision 2009/315/JHA on the exchange of information on third country nationals and the ... |
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document | COM(2016)7 |
date | April 17, 2019 |
Contents
Article 1 - Amendments to Framework Decision 2009/315/JHA
(1) | Article 1 is replaced by the following: ‘Article 1 Subject matter This Framework Decision:
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(2) | in Article 2, the following points are added:
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(3) | in Article 4, paragraph 1 is replaced by the following: ‘1. Each convicting Member State shall take all the necessary measures to ensure that convictions handed down within its territory are accompanied by information on the nationality or nationalities of the convicted person if the person is a national of another Member State or a third-country national. Where a convicted person is of unknown nationality or stateless, the criminal record shall reflect this.’; |
(4) | Article 6 is amended as follows:
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(5) | Article 7 is amended as follows:
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(6) | in Article 8, paragraph 2 is replaced by the following: ‘2. Replies to the requests referred to in Article 6(2), (3) and (3a) shall be transmitted within twenty working days from the date the request was received.’; |
(7) | Article 9 is amended as follows:
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(8) | Article 11 is amended as follows:
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(9) | the following Articles are inserted: ‘Article 11a European Criminal Records Information System (ECRIS) 1. In order to exchange information extracted from criminal records in accordance with this Framework Decision electronically, a decentralised information technology system based on the criminal records databases in each Member State, the European Criminal Records Information System (ECRIS), is established. It is composed of the following elements:
To ensure the confidentiality and integrity of criminal records information transmitted to other Member States, appropriate technical and organisational measures shall be used, taking into account the state of the art, the cost of implementation and the risks posed by the processing of information. 2. All criminal records data shall be stored solely in databases operated by the Member States. 3. The central authorities of the Member States shall not have direct access to the criminal records databases of other Member States. 4. The ECRIS reference implementation and databases storing, sending and receiving information extracted from criminal records shall operate under the responsibility of the Member State concerned. The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council (*1) shall support the Member States in accordance with its tasks as laid down in Regulation (EU) 2019/816 of the European Parliament and of the Council (*2). 5. The common communication infrastructure shall be operated under the responsibility of the Commission. It shall fulfil the necessary security requirements and fully meet the needs of ECRIS. 6. eu-LISA shall provide, further develop and maintain the ECRIS reference implementation. 7. Each Member State shall bear its own costs arising from the implementation, administration, use and maintenance of its criminal records database and the installation and use of the ECRIS reference implementation. The Commission shall bear the costs arising from the implementation, administration, use, maintenance and future development of the common communication infrastructure. 8. The Member States which use their national ECRIS implementation software in accordance with paragraphs 4 to 8 of Article 4 of Regulation (EU) 2019/816 may continue to use their national ECRIS implementation software instead of the ECRIS reference implementation, provided that they fulfil all the conditions set out in those paragraphs. Article 11 - b Implementing Acts 1. The Commission shall lay down the following in implementing acts:
2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 12a(2). (*1) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99)." (*2) Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 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 (OJ L 135, 22.5.2019, p. 1).’;" |
(10) | the following Article is inserted: ‘Article 12a Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.’; |
(11) | the following Article is inserted: ‘Article 13a Reporting by the Commission and review 1. By 29 June 2023, the Commission shall submit a report on the application of this Framework Decision to the European Parliament and to the Council. The report shall assess the extent to which the Member States have taken the necessary measures to comply with this Framework Decision, including its technical implementation. 2. The report shall be accompanied, where appropriate, by relevant legislative proposals. 3. The Commission shall regularly publish a report concerning the exchange of information extracted from the criminal record through ECRIS and concerning the use of ECRIS-TCN based in particular on the statistics provided by eu-LISA and the Member States in accordance with Regulation (EU) 2019/816. The report shall be published for the first time one year after the report referred to in paragraph 1 is submitted. 4. The Commission report referred to in paragraph 3 shall cover in particular the level of exchange of information between Member States, including that relating to third-country nationals, as well as the purpose of requests and their respective number, including requests for purposes other than criminal proceedings, such as background checks and requests for information from the persons concerned on their own criminal record.’. |
Article 2 - Replacement of Decision 2009/316/JHA
Article 3 - Transposition
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Decision replaced by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
3. Member States shall carry out the technical alterations referred to in Article 11(5) of Framework Decision 2009/315/JHA, as amended by this Directive, by 28 June 2022.
Article 4 - Entry into force and application
Article 2 shall apply from 28 June 2022.