Chapter II, Article 5, Paragraph 1. · Regulation (EU) 2019/816

Contents

1.For each convicted third-country national, the central authority of the convicting Member State shall create a data record in ECRIS-TCN. The data record shall include:

(a)as concerns alphanumeric data:

(i)information to be included unless, in individual cases, such information is not known to the central authority (obligatory information):

—surname (family name),

—first names (given names),

—date of birth,

—place of birth (town and country),

—nationality or nationalities,

—gender,

—previous names, if applicable,

—the code of the convicting Member State,

(ii)information to be included if it has been entered in the criminal record (optional information):

—parents' names,

(iii)information to be included if it is available to the central authority (additional information):

—identity number, or the type and number of the person’s identification documents, including travel documents, as well as the name of the issuing authority,

—pseudonyms or aliases;

(b)as concerns fingerprint data:

(i)fingerprint data that have been collected in accordance with national law during criminal proceedings;

(ii)as a minimum, fingerprint data collected on the basis of either of the following criteria:

—where the third-country national has received a custodial sentence of at least 6 months;or

—where the third-country national has been convicted of a criminal offence which is punishable under the law of the Member State by a custodial sentence of a maximum period of at least 12 months;

(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.