European Criminal Records Information System — conviction information on third-country nationals (ECRIS-TCN)

 

SUMMARY OF:

Regulation (EU) 2019/816 setting up a centralised system for the identification of EU countries holding conviction information on non-EU nationals and stateless persons (ECRIS-TCN)

WHAT IS THE AIM OF THIS REGULATION?

It establishes:

KEY POINTS

The legislation applies to the processing of identity information of non-EU nationals with a prior conviction* in one of the EU countries to determine which EU country handed down the sentence. It applies equally to EU citizens who also hold non-EU nationality. Information on the conviction itself can only be obtained from the convicting EU country using ECRIS.

The technical architecture of ECRIS-TCN consists of:

National authorities create a data record in ECRIS-TCN as quickly as possible for each non-EU national they convict. This contains:

National authorities may use ECRIS-TCN to obtain information on an individual’s previous convictions when this is required for the purposes of criminal proceedings against that individual or for:

Eurojust, Europol and the EPPO:

Non-EU countries and international organisations may address requests to Eurojust for criminal records information help for the purposes of criminal proceedings. If there is a hit*, and the EU country concerned consents, Eurojust shall inform the non-EU country or international organisation which EU country is concerned, so that they may ask that country for the relevant extracts from the criminal records.

Data:

eu-LISA is responsible for:

EU countries are responsible for:

An individual or EU country suffering damage from behaviour incompatible with the Regulation may receive compensation from:

Non-EU nationals may contact an EU country’s central authority to request access to their personal data, its correction, erasure or restriction on its use.

Penalties or disciplinary measures apply with respect to any misuse of data entered in ECRIS-TCN.

The European Data Protection Supervisor monitors eu-LISA’s personal data processing activities and produces an audit at least every 3 years for the European Parliament, EU governments and the Commission.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 11 June 2019. EU countries have to take the necessary measures to comply as soon as possible so as to ensure the proper functioning of ECRIS-TCN. The Commission must be satisfied that certain conditions are met before determining the date from which EU countries may start entering data into the ECRIS TCN.

BACKGROUND

For more information, see:

KEY TERMS

Conviction: any final decision by a criminal court against an individual and entered in the criminal records.
Hit: a match between the identity information recorded in the central system and that used for a search.
ECRIS reference implementation: software developed by the Commission and made available to EU countries for the exchange of criminal records data through ECRIS.

MAIN DOCUMENT

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 (OJ L 135, 22.5.2019, pp. 1-26)

Successive amendments to Regulation (EU) 2019/816 have been incorporated into the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, pp. 23-32)

See consolidated version.

Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, pp. 138-183)

Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99-137)

See consolidated version.

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, pp. 39-98)

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1-71)

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp. 53-114)

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp. 1-88)

See consolidated version.

Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, pp. 89-131)

See consolidated version.

last update 21.04.2020