Regulation (EU) 2024/1352 of the European Parliament and of the Council of 14 May 2024 amending Regulations (EU) 2019/816 and (EU) 2019/818 for the purpose of introducing the screening of third-country nationals at the external borders

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.’

‘2 The Member State authorities and Union agencies referred to in paragraph 1 shall use the ESP to search data related to persons or their travel documents in the central systems of Eurodac and ECRIS-TCN in accordance with their access rights as referred to in the legal instruments governing those EU information systems and in national law. They shall also use the ESP to query the CIR in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.’

‘1 A CIR, creating an individual file for each person that is registered in the EES, VIS, ETIAS, Eurodac or ECRIS-TCN containing the data referred to in Article 18, is established for the purposes of facilitating and assisting in the correct identification or verification of identity of persons registered in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in accordance with Articles 20 and 20a, of supporting the functioning of the MID in accordance with Article 21 and of facilitating and streamlining access by designated authorities and Europol to the EES, VIS, ETIAS and Eurodac, where necessary for the prevention, detection or investigation of terrorist offences or other serious criminal offences in accordance with Article 22.’

‘4 Where it is technically impossible because of a failure of the CIR to query the CIR for the purposes of identifying a person pursuant to Article 20 or of identifying or verifying the identity of a person pursuant to Article 20a, for the detection of multiple identities pursuant to Article 21 or for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences pursuant to Article 22, the CIR users shall be notified by eu-LISA in an automated manner.’

‘3 The authorities accessing the CIR shall do so in accordance with their access rights under the legal instruments governing the EU information systems and under national law and in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.’

1 Queries of the CIR shall be carried out by the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356 of the European Parliament and of the Council , solely for the purpose of identifying or verifying the identity of a person in accordance with Article 14 of that Regulation, provided that the process was initiated in the presence of that person.

2 Where the query indicates that data on that person are stored in the CIR, the screening authorities, as defined in Article 2, point (10), of Regulation (EU) 2024/1356, shall have access to consult the data referred to in Article 18(1) of this Regulation as well as the data referred to in Article 18(1) of Regulation (EU) 2019/817 of the European Parliament and the Council.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 12 June 2026.