010840/EU XXVI. GP Eingelangt am 09/02/18 Council of the European Union Brussels, 9 February 2018 (OR. en) 5727/18 Interinstitutional File: 2017/0144 (COD) COPEN 15 EJUSTICE 6 JURINFO 4 DAPIX 13 CODEC 111 NOTE From: General Secretariat of the Council To: Delegations No. Cion doc.: 10940/17 + ADD 1 Subject: Proposal for a Regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011 - EP amendments On 25 January 2018, the LIBE Committee held its vote on the (draft) amendments to the Commission proposal. Delegations will find attached, for information, the amendments as they were adopted by the Committee at that occasion. On 8 February 2018, the EP plenary approved the decision of the LIBE Committee to start inter- institutional negotiations on the file, thus paving the way for organising trilogues between the Council, the European Parliament and the Commission. 5727/18 SC/mvk 1 DG D 2 EN www.parlament.gv.at ANNEX European Parliament 2014-2019 Plenary sitting A8-0018/2018 1.2.2018 ***I REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011 (COM(2017)0344 – C8-0217/2017 – 2017/0144(COD)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Daniel Dalton 5727/18 SC/mvk 2 ANNEX DG D 2 EN www.parlament.gv.at PR_COD_1amCom Symbols for procedures * Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) Amendments to a draft act Amendments by Parliament set out in two columns Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column. The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. Amendments by Parliament in the form of a consolidated text New text is highlighted in bold italics. Deletions are indicated using either WKHűV\PERORUVWULNHRXW5HSODFHPHQWVDUHLQGLFDWHGE\KLJKOLJKWLQJWKH new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted. 5727/18 SC/mvk 3 ANNEX DG D 2 EN www.parlament.gv.at CONTENTS Page DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION................................. 5 EXPLANATORY STATEMENT ........................................................................................... 52 OPINION OF THE COMMITTEE ON BUDGETS ............................................................... 56 PROCEDURE – COMMITTEE RESPONSIBLE ................................................................... 65 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE ................................... 67 5727/18 SC/mvk 4 ANNEX DG D 2 EN www.parlament.gv.at DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council establishing a centralised system for the identification of Member States holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system) and amending Regulation (EU) No 1077/2011 (COM(2017)0344 – C8-0217/2017 – 2017/0144(COD)) (Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2017)0344), – having regard to Article 294(2) and Article 82(1), second subparagraph, point (d) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0217/2017), – 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, – having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0018/2018), 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. Amendment 1 Proposal for a regulation Recital 1 Text proposed by the Commission Amendment (1) The Union has set itself the objective (1) The Union has set itself the objective of offering its citizens an area of freedom, of offering its citizens an area of freedom, security and justice without internal security and justice without internal frontiers, in which the free movement of frontiers, in which the free movement of persons is ensured, in conjunction with persons is ensured, in conjunction with appropriate measures to prevent and appropriate measures to prevent and combat crime. combat crime, including terrorism. 5727/18 SC/mvk 5 ANNEX DG D 2 EN www.parlament.gv.at Amendment 2 Proposal for a regulation Recital 2 Text proposed by the Commission Amendment (2) This objective requires that (2) This objective requires that information on convictions handed down in information on convictions handed down in the Member States be taken into account the Member States be taken into account outside the convicting Member State, both outside the convicting Member State, in the in the course of new criminal proceedings, course of new criminal proceedings, as laid as laid down in Council Framework down in Council Framework Decision Decision 2008/675/JHA19 , as well as in 2008/675/JHA19 , as well as for the order to prevent new offences. purposes of recruitment for posts involving direct and regular contact with children under Article 10 of Directive 2011/93/EU of the European Parliament and of the Council19a and for any other purpose according to national law. Member States should endeavour to provide similar safeguards with regard to persons who intend to work with disabled or elderly persons. The aim is to ensure that a person convicted of a sexual or violent offence against a child or vulnerable person can no longer conceal this conviction or disqualification with a view to working in contact with such persons in another Member State. _________________ _________________ 19 Council Framework Decision 19 Council Framework Decision 2008/675/JHA of 24 July 2008 on taking 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member account of convictions in the Member States of the European Union in the course States of the European Union in the course of new criminal proceedings (OJ L220, of new criminal proceedings (OJ L220, 15.8.2008, p. 32). 15.8.2008, p. 32). 19a Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1). 5727/18 SC/mvk 6 ANNEX DG D 2 EN www.parlament.gv.at Amendment 3 Proposal for a regulation Recital 4 Text proposed by the Commission Amendment (4) The ECRIS legal framework, (4) The existing ECRIS legal however, does not sufficiently cover the framework, however, does not sufficiently particularities of requests concerning third address the particularities of requests country nationals. Although it is now concerning third country nationals. possible to exchange information on third Although it is already possible to exchange country nationals through ECRIS, there is information on third country nationals no procedure or mechanism in place to do through ECRIS, there is no common so efficiently. Union procedure or mechanism in place to do so efficiently, rapidly and accurately. Amendment 4 Proposal for a regulation Recital 6 Text proposed by the Commission Amendment (6) Such 'blanket requests' impose an (6) Such 'blanket requests' impose a administrative burden on all Member disproportionate administrative burden on States, including those not holding all Member States, including those not information on that third country national. holding information on that third country In practice, this burden deters Member national. In practice, this burden deters States from requesting information on third Member States from requesting country nationals, and leads to Member information on third country nationals States limiting the criminal record from other Member States, which information to information stored in their seriously hinders its exchange between national register. Member States,