Chapter IV, Article 10 · Regulation (EU) 2019/816

Contents

Article 10Adoption of implementing acts by the Commission#

1.The Commission shall adopt the implementing acts necessary for the technical development and implementation of ECRIS-TCN as soon as possible, and in particular acts concerning:

(a)the technical specifications for the processing of the alphanumeric data;

(b)the technical specifications for the quality, resolution and processing of fingerprint data;

(c)the technical specifications of the interface software;

(d)the technical specifications for the quality, resolution and processing of facial images for the purposes of and under the conditions set out in Article 6;

(e)data quality, including a mechanism for and procedures to carry out data quality checks;

(f)entering the data in accordance with Article 5;

(g)accessing and querying ECRIS-TCN in accordance with Article 7;

(h)modifying and erasing the data in accordance with Articles 8 and 9;

(i)keeping and accessing logs in accordance with Article 31;

(j)operation of the central repository and the data security and data protection rules applicable to the repository, in accordance with Article 32;

(k)providing statistics in accordance with Article 32;

(l)performance and availability requirements of ECRIS-TCN, including minimal specifications and requirements on the biometric performance of ECRIS-TCN in particular in terms of the required false positive identification rate and false negative identification rate.

2.The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 38(2).

Defined terms · 19

Show every defined term

alphanumeric data
means data represented by letters, digits, special characters, spaces and punctuation marks;
central authority
means an authority designated in accordance with Article 3(1) of Framework Decision 2009/315/JHA;
central system
means the database or databases developed and maintained by eu-LISA which hold identity information on third-country nationals who have been subject to convictions in the Member States;
CIR
means the common identity repository established by Article 17(1) of Regulation (EU) 2019/818;
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;
convicting Member State
means the Member State in which a conviction is handed down;
conviction
means any final decision of a criminal court against a natural person in respect of a criminal offence, to the extent that the decision is entered in the criminal records of the convicting Member State;
criminal proceedings
means the pre-trial stage, the trial stage and the execution of the conviction;
criminal record
means the national register or registers recording convictions in accordance with national law;
ESP
means the European search portal established by Article 6(1) of Regulation (EU) 2019/818.
facial image
means a digital image of a person's face;
fingerprint data
means the data relating to plain and rolled impressions of the fingerprints of each of a person's fingers;
hit
means a match or matches established by comparison between identity information recorded in the central system and the identity information used for a search;
identity information
means alphanumeric data, fingerprint data and facial images that are used to establish a connection between these data and a natural person;
interface software
means the software hosted by the competent authorities allowing them to access the central system through the communication infrastructure referred to in point (d) of Article 4(1);
national central access point
means the national connection point to the communication infrastructure referred to in point (d) of Article 4(1);
national supervisory authority
means an independent public authority which is established by a Member State pursuant to applicable Union data protection rules;
supervisory authorities
means the European Data Protection Supervisor and the national supervisory authorities;
third-country national
means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, or who is a stateless person or a person whose nationality is unknown;