ECRIS-TCN · GlobalLawDB

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726^note, and in particular Article 10(1) thereof,Whereas:

(1)Regulation (EU) 2019/816 established the centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN). That system allows the central authority of a Member State or other competent authority to find out promptly and efficiently which Member States hold criminal records information on a third-country national.

(2)Commission Implementing Decision (EU) 2022/2470^note lays down measures necessary for the technical development and implementation of ECRIS-TCN, including the technical specifications concerning alphanumeric and fingerprint data.

(3)The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council^note is responsible for the development of ECRIS-TCN, including the development and implementation of the relevant technical specifications and testing, as well as for the operational management of the system.

(4)In order to ensure the interoperability of public services at Union level, the ECRIS-TCN architecture should conform to the European interoperability framework set out in Regulations (EU) 2019/817^note and (EU) 2019/818^note of the European Parliament and of the Council. That framework includes a shared biometric matching service which, pursuant to Article 13(1), point (b), of Regulation (EU) 2019/818, stores facial images templates, including templates of facial images entered into ECRIS-TCN, which enables querying with biometric data across various Union information systems.

(5)To enable central authorities to enter facial images into ECRIS-TCN, it is necessary to lay down technical specifications for the quality, resolution and processing of the facial images.

(6)Until the entry into force of the delegated act provided for in Article 6(2) of Regulation (EU) 2019/816, facial images should not be used for the purpose of querying the system. Their use should be currently limited to confirming the identity of a third-country national who has been identified as a result of an alphanumeric search or a search using fingerprint data, in accordance with Article 6(1) of Regulation (EU) 2019/816, and to enabling detection of multiple identities across the interoperable IT systems in accordance with Article 13(1), point (b), and Article 27(2) of Regulation (EU) 2019/818.

(7)Data quality is a key element to obtain accuracy, which is one of the basic data protection principles laid down in Article 5(1), point (d), of Regulation (EU) 2016/679 of the European Parliament and of the Council^note and Article 4(1), point (d), of Regulation (EU) 2018/1725 of the European Parliament and of the Council^note. The quality of the facial images stored impacts on the proper functioning of any automated matching processes derived from them, as well as on the visual inspection in the process of confirming an identity, in accordance with Article 6(1) of Regulation (EU) 2019/816. Therefore, the quality of the facial images in ECRIS-TCN should satisfy the data quality requirements set for the shared biometric matching service and the other systems feeding it to guarantee a reliable match.

(8)Facial images should be entered into ECRIS-TCN only where the national law of the convicting Member State allows the collection and storage of facial images of convicted persons pursuant to Article 5(3) of Regulation (EU) 2019/816.

(9)As Implementing Decision (EU) 2022/2470 focuses on the technical specifications concerning alphanumeric and fingerprint data, this Decision introduces the relevant technical specifications regarding facial images.

(10)The production of separate statistics on the number of records containing flags established in accordance with Article 5(1), point (c), of Regulation (EU) 2019/816, for the convictions of a terrorist offence and for any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council^noteproved to be technically impossible. Therefore, it should not be necessary any longer to produce such separate statistics.

(11)Implementing Decision (EU) 2022/2470 should therefore be amended accordingly.

(12)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2019/816 and is not bound by it or subject to its application. Denmark is therefore not bound to implement this Decision.

(13)In accordance with Article 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect to area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland did not take part in the adoption of Regulation (EU) 2019/816 and is not bound by it or subject to its application. Ireland is therefore not bound to implement this Decision.

(14)The European Data Protection Supervisor has been consulted pursuant to Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 5 June 2025.

(15)This Decision introduces binding requirements for trans-European digital public services within the meaning of Regulation (EU) 2024/903 of the European Parliament and of the Council^note. Accordingly, an interoperability assessment has been carried out and the resulting report has been published on the Interoperable Europe Portal.

(16)The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 38 of Regulation (EU) 2019/816,

HAS ADOPTED THIS DECISION: