Inter-institutional negotiations on the proposal for a centralised information system on convictions of third-country nationals (ECRIS-TCN) have taken an unprecedented turn, a parliamentary source told EUROPE on Wednesday 21 November. European Parliament rapporteur Daniel Dalton (ECR, UK) has reportedly decided to move forward alone in negotiations with the Council without the support of the majority of political groups.
On Tuesday, a European source informed us that most participants in the 'trilogue’ now seemed open to the inclusion in the system of EU nationals who also hold the nationality of a third country (dual nationals), as requested by the Council (see EUROPE 12141). But, according to this parliamentary source, the situation behind the scenes is actually much more complicated.
That source noted very tense meetings between shadow rapporteurs upstream and indicated that the S&D, ALDE, Greens/EFA and GUE/NGL groups did not support the inclusion of dual nationals in the system.
The S&D group has reportedly made a compromise proposal not including dual nationals, but introducing ‘ease of access’ allowing, in exceptional cases and when the competent authority has objective reasons to believe that a third country national could also have the nationality of an EU country or vice versa, to consult the ECRIS-TCN or ECRIS systems to check whether a Member State holds data relating to the person's criminal record.
Thus, dual nationals would be included in the ECRIS-TCN system only after consultation of both systems and if they have a conviction registered in ECRIS-TCN under the nationality of a third country.
Mr Dalton has reportedly opposed this solution, but, under pressure from the other political groups, would finally have agreed to submit it to the 'trilogue'.
So what happened? The Council reportedly immediately rejected this proposal. A recess was requested and the rapporteur decided to table his own compromise proposal, without having received any further mandate groups to negotiate along these lines. Indeed, in another unusual situation, the shadow rapporteurs were absent at that time at the meeting and only their teams were there.
Mr Dalton's proposal, which is reportedly supported only by the EPP Group and which EUROPE has been able to consult, is quite close to the option D proposed by the Council (see EUROPE 12062).
It recognises that the inclusion of dual nationals in the system would result in a difference in treatment compared to citizens who are nationals of a Member State, but considers that this is justified by the objective of the legislation to provide European citizens with a genuine area of freedom, security and justice. An argument in line with a new note from Parliament's Legal Service.
However, according to the compromise, the fingerprints of dual nationals should only be included in ECRIS-TCN when they have been collected in accordance with national law in the course of criminal proceedings.
The rapporteur has also reportedly clearly indicated his willingness to complete the negotiations and did not hesitate either to tell the other political groups that they could vote against this agreement and thus publicly show that they are opposed to more security for their citizens, explained the parliamentary source, who considers the argument ‘populist’.
Contacted this Wednesday by email, Mr Dalton's office did not respond to our request.
Although the various political groups have not yet decided on the follow-up to the case, for them, this solution remains contrary to the Treaties. (Original version in French by Marion Fontana)