Amendments to Regulation (EU) 2019/816
Article 1
Open ↗Regulation (EU) 2019/816 is amended as follows: (1) in Article 1, the following point is added: ‘(f) the conditions under which data in ECRIS-TCN may be used by the screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356 of the European Parliament and of the Council ( *1 ) for the purpose of performing a security check in order to assess whether a third-country national might pose a threat to internal security as referred to in Article 15 of that Regulation (EU). ( *1 ) Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 ( OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj ).’;" (2) in Article 2, second subparagraph, the following point is added: ‘(d) enables access to ECRIS-TCN for the purpose of supporting the performance of a security check established by Regulation (EU) 2024/1356.’ ; (3) in Article 3, point (6) is replaced by the following: ‘(6) “competent authorities” means the central authorities, Eurojust, Europol, the EPPO, the VIS designated authorities as referred to in Article 9d and Article 22b(13) of Regulation (EC) No 767/2008, the ETIAS Central Unit and the screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356, which are competent to access or query ECRIS-TCN in accordance with this Regulation;’ ; (4) Article 5 is amended as follows: (a) in paragraph 1, point (c) is replaced by the following: ‘(c) a flag indicating, for the purpose of Regulations (EC) No 767/2008 and (EU) 2018/1240 and of Articles 15 and 16 of Regulation (EU) 2024/1356, that the third-country national concerned has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under national law, including the code of the convicting Member State.’ ; (b) in paragraph 7, first subparagraph, the following point is added: ‘(c) the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356, for the purpose of assessing whether a third-country national might pose a threat to internal security where hits are reported following the security check referred to in Articles 15 and 16 of that Regulation.’ ; (5) in Article 7(7), the following point is added: ‘(e) supporting the objective of assessing whether a third-country national subject to a security check might pose a threat to internal security, in accordance with Regulation (EU) 2024/1356.’ ; (6) the following Article is inserted: ‘Article 7c Use of ECRIS-TCN for the purposes of the screening The screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356, shall have the right to access and search ECRIS-TCN data using the European Search Portal provided for in Article 6 of Regulation (EU) 2019/818, for the purpose of performing the tasks conferred upon them by Articles 15 and 16 of Regulation (EU) 2024/1356. For the purpose of performing such tasks, the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356, shall have the right to access only those ECRIS-TCN data records in the CIR to which a flag has been added in accordance with Article 5(1), point (c), of this Regulation. In the event of a hit, the consultation of national criminal records based on the flagged ECRIS-TCN data shall take place in accordance with national law and using national channels of communication. The relevant national authorities of the convicting Member State shall provide an opinion to the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356, on whether the presence of that person on the territory of the Member States might pose a threat to internal security, within two days where the screening takes place on the territory of the Member State or within three days where the screening takes place at external borders. Where the relevant national authorities of the convicting Member State do not provide such an opinion within those deadlines, it shall be understood that there are no security grounds to be taken into account. National criminal records shall be consulted by the relevant national authorities of the convicting Member State prior to providing an opinion to the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356. Where, following a hit, no opinion has been provided and there are no security grounds to be taken into account, that absence of opinion and security grounds shall be recorded in the screening form as referred to in Article 17(1), point (h), of Regulation (EU) 2024/1356.’ ; (7) in Article 24(1), first subparagraph, the following point is added: ‘(d) supporting the objective of assessing whether a third-country national subject to a security check might pose a threat to internal security, in accordance with Regulation (EU) 2024/1356.’.