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Amendments to Regulation (EU) 2019/816 Regulation (EU) 2019/816 is amended as follows:

(1) in Article 1, the following point is added: ‘(c) the conditions under which ECRIS-TCN contributes to facilitating and assisting in the correct identification of persons registered in ECRIS-TCN under the conditions and for the purposes of Article 20 of Regulation (EU) 2019/818 of the European Parliament and of the Council (), by storing identity data, travel document data and biometric data in the CIR.

(2) Article 2 is replaced by the following: ‘Article 2 Scope This Regulation applies to the processing of identity information of third-country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member States where such convictions were handed down. With the exception of point (b)(ii) of Article 5(1), the provisions of this Regulation that apply to third-country nationals also apply to citizens of the Union who also hold the nationality of a third country and who have been subject to convictions in the Member States. This Regulation also facilitates and assists in the correct identification of persons in accordance with this Regulation and with Regulation (EU) 2019/818.’;

(3) Article 3 is amended as follows:

(a) point (8) is deleted;

(b) the following points are added: ‘(19) ‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/818;

(20) ‘ECRIS-TCN data’ means all data stored in the central system and in the CIR in accordance with Article 5;

(21) ‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/818.’;

(4) Article 4(1) is amended as follows:

(a) point (a) is replaced by the following: ‘(a) a central system;’;

(b) the following point is inserted: ‘(aa) the CIR;’;

(c) the following point is added: ‘(e) a communication infrastructure between the central system and the central infrastructures of the ESP and the CIR;’;

(5) Article 5 is amended as follows:

(a) in paragraph 1, the introductory part is replaced by the following: ‘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:’;

(b) the following paragraph is inserted: ‘1a. The CIR shall contain the data referred to in point (b) of paragraph 1 and the following data of point (a) of paragraph 1: surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities, gender, previous names, if applicable, where available pseudonyms or aliases, where available, the type and number of the person's travel documents, as well as the name of the issuing authority. The CIR may contain the data referred to in paragraph 3. The remaining ECRIS-TCN data shall be stored in the central system.’;

(6) Article 8 is amended as follows:

(a) paragraph 1 is replaced by the following: ‘1. Each data record shall be stored in the central system and the CIR for as long as the data related to the convictions of the person concerned are stored in the criminal records.’;

(b) paragraph 2 is replaced by the following: ‘2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the data record, including any fingerprint data or facial images, from the central system and the CIR. The erasure shall be done automatically, where possible, and in any event no later than one month after the expiry of the retention period.’;

(7) Article 9 is amended as follows:

(a) in paragraph 1, the word ‘ECRIS-TCN’ is replaced by the words ‘the central system and the CIR’;

(b) in paragraphs (2), (3) and (4), the words ‘central system’ are replaced by the words ‘the central system and the CIR’;

(8) in Article 10(1), point (j) is deleted;

(9) in Article 12(2), the words ‘central system’ are replaced by the words ‘the central system and the CIR’;

(10) in Article 13(2), the words ‘central system’ are replaced by the words ‘the central system, the CIR’;

(11) in Article 23(2), the words ‘central system’ are replaced by the words ‘the central system and the CIR’;

(12) Article 24 is amended as follows:

(a) paragraph 1 is replaced by the following: ‘1. The data entered into the central system and the CIR shall only be processed for the purposes of the identification of the Member States holding the criminal records information of third-country nationals. The data entered into the CIR shall also be processed in accordance with Regulation (EU) 2019/818 for facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN in accordance with this Regulation.’;

(b) the following paragraph is added: ‘3. Without prejudice to paragraph 2, access for the purposes of consulting the data stored in the CIR shall also be reserved for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union agencies that are competent for the purposes laid down in Articles 20 and 21 of Regulation (EU) 2019/818. Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.’;

(13) in Article 32, paragraph 2 is replaced by the following: ‘2. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in that paragraph in the central repository for reporting and statistics referred to in Article 39 of Regulation (EU) 2019/818’;

(14) in Article 33(1) the words ‘central system’ are replaced by the words ‘central system, the CIR and’;

(15) in Article 41, paragraph 2 is replaced by the following: ‘2. For convictions handed down prior to the date of start of entry of data in accordance with Article 35(1), the central authorities shall create the individual data records in the central system and the CIR as follows:

(a) alphanumeric data to be entered into the central system and the CIR by the end of the period referred to in Article 35(2);

(b) fingerprint data to be entered into the CIR within two years after the start of operations in accordance with Article 35(4).’.