After two technical meetings at the end of April, the inter-institutional trialogue negotiations on the proposal to introduce a centralised ‘ECRIS-TCN’ system to check whether a member state has information about the convictions of a third country national, will resume on Wednesday 16 May. Although discussions on the inclusion of dual nationals have stagnated, the European institutions are now attempting to agree on another controversial point: cases for using the ‘ECRIS-TCN’ system.
It should be recalled that the Commission was proposing systematic use of the system, while the Council had introduced a general limitation in this connection stipulating that in certain cases, the authority requesting information on a legal record can decide where the use of the system is appropriate or not. Parliament decided to make the use of the system obligatory only when criminal legal proceedings were involved.
During the trialogue meetings, Parliament, however, explained that this position particularly sought to restrict this concept “to other purposes as well as criminal proceedings” set out in article 7, so that the ‘ECRIS-TCN’ system is not used in situations that have not been planned for.
The European institutions therefore began a reflection process to clarify this formulation. The Commission, first of all, informally presented a list of situations that should be covered by using the system, such as: security situations; obtaining a license or permit; visa, naturalisation and asylum procedures; employment checks; checking voluntary activities that involve direct and regular contact with children and checking individual legal records.
Initial reactions from the member states were mixed. Although some were able to accept the list as it stood, others wanted to expand it. Several member states also refused to have an exhaustive list.
On this basis, the Bulgarian Presidency of the Council of the EU therefore suggested retaining the way in which article 7 is formulated but by clarifying it with examples covered in a recital. Parliament, however, considered this solution to be insufficient and created a text that was too open-ended and flexible.
According to a new working paper from the Presidency, the Commission is now proposing to include this list in article 7 and concluding it by allowing the member states the possibility to publish explicit declarations indicating the other purposes for which they would like to use the system.
According to the Presidency, although its approach is preferable, the European Parliament would be more likely to accept this kind proposal.
European Prosecutor’s Office’s access to system. The access of the European Prosecutor’s Office to the ‘ECRIS-TCN’ system was also the subject of discussions during these technical meetings.
Parliament believes the European Prosecutor's Office should not be refused access to information regarding convictions, as long as the member state concerned is not taking part in the strengthened cooperation setting up the new body. It is therefore proposing to include a text in this connection in a recital, whilst explaining that the position of the said member states should, nevertheless, be taken into account, but without blocking access to the system.
During the most recent working group, the member states concerned (Hungary, Poland and Sweden, in addition to the United Kingdom and Denmark), which have a derogation to the system, were asked whether they could agree to the text. Although the responses were mixed, the Presidency considers that this is a “fair compromise”. (Original version in French by Marion Fontana)