Activities of Jan Philipp ALBRECHT related to 2016/0002(COD)
Shadow reports (1)
REPORT 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 PDF (736 KB) DOC (398 KB)
Amendments (7)
Amendment 36 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. The Member State where a conviction is handed down against a third country national shall always store the following information, unless, in exceptional individual cases, this is not possible (obligatory information): (a) information on the convicted person (full name, date of birth, place of birth (town and country), gender, nationality and – if applicable – previous name(s); (b) information on the nature of the conviction (date of conviction, name of the court, date on which the decision became final); (c) information on the offence giving rise to the conviction (date of the offence underlying the conviction and name or legal classification of the offence as well as reference to the applicable legal provisions); (d) information on the contents of the conviction (notably the sentence as well as any supplementary penalties, security measures and subsequent decisions modifying the enforcement of the sentence); (e1b. The Member State where a conviction is handed down against a third country national may store the following information, if available (optional information): (a) the convicted person's parents' names; (fb) the reference number of the conviction; (gc) the place of the offence; (hd) if applicable, disqualifications arising from the conviction; (ie) the convicted person's identity number, or the type and number of the person's identification document; (jf) fingerprints of the person only when the national law of a Member State where a conviction is handed down allows for collection and storage of fingerprints of a convicted person; (kg) if applicable, pseudonym and/or alias name(s).
Amendment 41 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 2
Article 4 a – paragraph 2
2. The central authority shall create an index-filter containing anpseudonymised information of the types referred to in points (a), (e), (i), (j) and (k) of paragraph 1 concerning third country nationals convicted in its Member State. The central authority shall transmit this index-filter, and any updates to it, to all Member States.
Amendment 45 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 4
Article 4 a – paragraph 4
4. Paragraph 2 and paragraph 3 shall not apply with respect to the index-filter also regarding third country nationals who hold the nationality of a Member State. Any third country national also holding the nationality of a Member State shall be treated as a national of that Member State in accordance with Article 4, to the extent that the information referred to in points (a), (e), (i), (j) and (k) of paragraph 1 is stored by the central authority in respect of nationals of Member States. Member States shall ensure that any third country national who subsequently obtains the nationality of a Member State is treated as a national of that Member State as soon as he obtains that nationality and that information referred to in paragraph 1 is corrected in line with paragraph 3.
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 5 a (new)
Article 4 a – paragraph 5 a (new)
5a. This Article shall not apply to convictions relating to irregular entry and stay of a person in the territory of any Member State for purposes other than criminal proceedings.
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Council Framework Decision 2009/315/JHA
Article 4 b – paragraph 2
Article 4 b – paragraph 2
2. This Article applies alsoshall not apply regarding a third country national who holds the nationality of a Member State. Any third country national also holding the nationality of a Member State shall be treated as a national of that Member State in accordance with Article 4.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Council Framework Decision 2009/315/JHA
Article 6 – paragraph 3 – subparagraph 3 (new)
Article 6 – paragraph 3 – subparagraph 3 (new)
Where applicable, if a search on the index-filters returns no hits, the third country national asking for information on his own criminal record shall receive a statement certifying that the search on the index-filters returned no hits.
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Council Framework Decision 2009/315/JHA
Article 13 a – paragraph 3 a (new)
Article 13 a – paragraph 3 a (new)
3a. Every two years, the Commission shall publish an assessment of the compliance with and impact on fundamental rights of this Framework Decision. Such assessment shall evaluate the effects of ECRIS on the fundamental rights of third-country nationals in comparison with its effects on the fundamental rights of Union citizens. This assessment shall be published for the first time on [24 months after implementation] and be transmitted to the Council and the European Parliament.