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Council of the European Union
European Criminal Records System (ECRIS) and Third Country Nationals
16.9.17
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Proposed: Regulation 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 (LIMITE doc no: 11445-17, pdf): 35 Footnotes with Member State positions. The Council developing its negotiating position:

"The Commission announced that more legislation would be necessary regarding the important interoperability aspects of the ECRIS system, and that proposals in this regard would be presented around the end of the year 2017 as a single IT-systems interoperability package. Therefore the discussion on the interoperability of the ECRIS system should not be dealt in the framework of the draft ECRIS legislation. The Commission expressed the hope that all necessary legislation would be in place by early/mid 2018, so as to allow eu-LISA to start establishing the system. This would take
about two years, in order for the system to be operational as from mid 2020. (...)

It was observed that it would be difficult to distinguish between EU-citizens and TCN. For this reason, inter alia, some delegations recommended it would be good to collect fingerprints for every conviction. (...)

On the issue of retroactive inclusion of TCN convicted before the entering into force of ECRIS-TCN, it was observed that in particular the reliable inclusion of fingerprints would be technically difficult, at high costs and with a significant administrative burden. (...)

It was felt that the access to the ECRIS-TCN by Europol, Eurojust and EPPO and the role of Eurojust as a contact point for third countries and international organisations could be an issue of concern.(...)

The question was asked whether the Commission, in setting out its time-table, had taken account of the fact that the Member States also have to adopt legislation and to set up systems locally in order to allow the ECRIS-TCN system to work properly.

It was observed that it would be difficult to distinguish between EU-citizens and TCN. For this reason, inter alia, some delegations recommended it would be good to collect fingerprints for every conviction."
[emphasis added throughout]

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