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Regulation (EU) 2019/816 of the European Parliament and of the CouncilShow full title

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

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Article 3Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘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;

(2)

‘criminal proceedings’ means the pre-trial stage, the trial stage and the execution of the conviction;

(3)

‘criminal record’ means the national register or registers recording convictions in accordance with national law;

(4)

‘convicting Member State’ means the Member State in which a conviction is handed down;

(5)

‘central authority’ means an authority designated in accordance with Article 3(1) of Framework Decision 2009/315/JHA;

(6)

‘competent authorities’ means the central authorities and Eurojust, Europol and the EPPO, which are competent to access or query ECRIS-TCN in accordance with this Regulation;

(7)

‘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;

(8)

‘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;

(9)

‘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);

(10)

‘identity information’ means alphanumeric data, fingerprint data and facial images that are used to establish a connection between these data and a natural person;

(11)

‘alphanumeric data’ means data represented by letters, digits, special characters, spaces and punctuation marks;

(12)

‘fingerprint data’ means the data relating to plain and rolled impressions of the fingerprints of each of a person's fingers;

(13)

‘facial image’ means a digital image of a person's face;

(14)

‘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;

(15)

‘national central access point’ means the national connection point to the communication infrastructure referred to in point (d) of Article 4(1);

(16)

‘ECRIS reference implementation’ means the software developed by the Commission and made available to the Member States for the exchange of criminal records information through ECRIS;

(17)

‘national supervisory authority’ means an independent public authority which is established by a Member State pursuant to applicable Union data protection rules;

(18)

‘supervisory authorities’ means the European Data Protection Supervisor and the national supervisory authorities.

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