17 Amendments of Monika HOHLMEIER related to 2016/0002(COD)
Amendment 21 #
Proposal for a directive
Recital 4
Recital 4
(4) The existing ECRIS legal framework, however, does not sufficiently coveraddress the particularities of requests concerning third country nationals. Although it is nowalready possible to exchange information on third country nationals through ECRIS, there is no common European procedure or mechanism in place to do so efficiently.
Amendment 22 #
Proposal for a directive
Recital 6
Recital 6
(6) Such blanket requests impose an disproportionate administrative burden on all Member States, including those not holding information on the particular third country national. In practice, this negative effect deters Member States from requesting information on third country nationals and leads tofrom other Member States limiting thewhich leads to serious limitation of exchange of criminal record information on information stored in their national register. As a consequence, the third country national already convicted in another Member States may be undetected by the convicting Member State, which in turn affects the level of security and safety provided to Union citizens and persons residing within the Union.
Amendment 24 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to increase the utility of information on convictions and disqualifications arising from convictions for sexual offences against children, Directive 2011/93/EU of the European Parliament and the Council1a established the obligation for Member States to take the necessary measures to ensure that when recruiting a person to a role involving direct and regular contacts with children, employers are entitled to request information about that person's criminal convictions or any disqualifications arising from those convictions. 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 carrying out such work in another Member State. _________________ 1a Directive 2011/93/EU of the European Parliament and 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).
Amendment 25 #
Proposal for a directive
Recital 9
Recital 9
(9) As a result, a system should be established by which the central authority of a Member State finds out quickpromptly and efficiently in which other Member State holds criminal record information on a third country national is stored so that the existing ECRIS framework can then be used.
Amendment 27 #
Proposal for a directive
Recital 10
Recital 10
(10) The obligations of Member States as regards convictions of third country nationals should also include an obligation to store and exchange fingerprints to secure identification. This obligation includes to storeing information, including fingerprints, to; replying promptly, fully and effectively to requests on information from other central authorities, to; ensureing that a criminal record extract requested by a third country national is supplemented as appropriate with information from other Member States, and toin order to provide a complete picture of a person's previous criminal convictions; makeing the technical changes to apply state-of-the-art technologies necessary to make the information exchange system work; while ensuring the highest levels of data protection and security.
Amendment 28 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to compensate the lack of a single Member State wherebeing directly responsible for the storage of information on aeach particular convicted third country national is stored,, a decentralised information technology system should enable the central authorities of the Member States to find out in which other Member State has criminal record information is storedon this particular third country national. For this purpose, each designated central authority should distribute to the other Member States an index-filter which includes, in an an pseudonymised form, the identification data of the third country nationals convicted in its Member State. The personal data should be rendered anonymouspseudonymised in such a way that the data subject is not directly identifiable. The receivconvicting Member State may then match these data with their own information on a ‘hit’/‘no hit’ basis, thus finding out whether or not criminal record information is available in other Member States and, in case of a ‘hit’, in which Member States. The receiving Member State shoulda particular third country national has already been convicted (has a criminal record) in other Member States. Given then follow up a ‘hit’ usact that ing the ECRIS framework. With respect to third country nationals who also hold the nationality of a Member State, the information included in the index should be limited to information available as regards nationals of Member Statescase of third country nationals there is no Member State of nationality, it is appropriate to consider the possibility of establishing for third country nationals a centralised system which would be more efficient.
Amendment 29 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Where information has been obtained by a Member State on a bilateral basis regarding a third country national and having previous criminal convictions handed down by a judicial authority in a third country, the Member State should enter and store this information in its national criminal records database, and therefore make it available to other Member States, as not having this possibility, the existing loopholes could weaken the exchange of information on third country nationals.
Amendment 30 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) For the purposes of preventing and combating crime falling within the scope of its objectives, it is necessary for Europol to have the fullest and most up- to-date information possible. Therefore, Europol should be able to access all information extracted from criminal records of any Member State in order to develop an understanding of criminal phenomena and trends, to gather information about criminal networks, and to detect links between different criminal offences.
Amendment 31 #
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) As Frontex contributes to the fight against terrorism and supports the coordinated implementation of the Common Risk Indicators, and when assisting the Member States in tightening controls at external borders so that suspicious travel by foreign terrorist fighters and smuggling of firearms can be better detected, it shall be entitled to access all the information extracted from criminal records under the conditions set out in this Directive.
Amendment 32 #
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) The European Commission should take all the necessary measures to achieve interoperability and interconnection of the common communication infrastructure of ECRIS with all the other relevant EU databases for law enforcement, border control and judicial cooperation purposes.
Amendment 33 #
Proposal for a directive
Recital 16
Recital 16
(16) Since the objective of this Directive, namely to enable rapid and efficient exchange of criminal record information on third country nationals, cannot be sufficiently achieved by the Member States, but can rather, by reason of the necessary synergy and interoperabilityputting in place common rules and a European system, be better 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 Directive does not go beyond what is necessary to achieve that objective.
Amendment 34 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Council Framework Decision 2009/315/JHA
Article 1 – point c
Article 1 – point c
(c) establishes a decentralisedEuropean information technology system for the exchange of information on convictions based on the criminal records databases in each Member State, the European Criminal Record Information System (ECRIS).";
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Council Framework Decision 2009/315/JHA
Article 4 c (new)
Article 4 c (new)
(5a) The following article is inserted: "Article 4c Information obtained from third countries Where information has been obtained by a Member State on a bilateral basis regarding a third country national and having previous criminal convictions handed down by a judicial authority in a third country, the Member State shall enter and store this information in its national criminal records database, and thus make it available to other Member States.";
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Council Framework Decision 2009/315/JHA
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
(6a) In Article 7(2) the first subparagraph is replaced by the following: "2. When information extracted from the criminal record is requested under Article 6 from the central authority of the Member State of the person’'s nationality for any purposes other than that of criminal proceedings, that central authority shall in respect of convictions handed down in the Member State of the person’'s nationality and of convictions handed down in third countries, which have been subsequently transmitted to it and entered in its criminal record, reply, in accordance with its national law.f so provided in the national law of the Member State of the person's nationality or of the requesting Member State.";
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Council Framework Decision 2009/315/JHA
Article 7 a (new)
Article 7 a (new)
(7a) The following article is inserted: "Article 7a Access to ECRIS database by Europol 1. Europol shall be entitled to access the ECRIS database for the performance of its tasks. 2. Europol may submit, on a case-by-case basis, an electronic and duly reasoned request to the central authority of any Member State through the Europol National Unit for the transmission of information from the criminal record of a Member State using the form set out in the annex. 3. Europol may submit such a request when this is necessary to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy. 4. Exchange of information under this Article shall take place through SIENA.";
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Council Framework Decision 2009/315/JHA
Article 7 b (new)
Article 7 b (new)
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Council Framework Decision 2009/315/JHA
Article 11 a – paragraph 1 a (new)
Article 11 a – paragraph 1 a (new)
1a. Member States shall consider centralising the European Criminal Records Information System (ECRIS) for third country nationals. Member States shall upload the information on convicted third country nationals into this system, making it thus directly available to all Member States.