Initiative of the Kingdom of Denmark with a view to adopting a Council Decision on increasing cooperation between European Union Member States with regard to disqualifications
Date: 2002-09-19
Institutions: Denmark
Subjects: EU law - national law, cooperation policy, deprivation of rights, exchange of information, free movement of persons, job access

19.9.2002

EN

Official Journal of the European Communities

C 223/17

II

(Preparatory Acts pursuant to Title VI of the Treaty on European Union)

Initiative of the Kingdom of Denmark with a view to adopting a Council Decision on increasing
cooperation between European Union Member States with regard to disqualifications

(2002/C 223/08)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Articles 31(a) and 34(2)(c) thereof,

Having regard to the initiative from the Kingdom of Denmark,

Having regard to the opinion of the European Parliament,

Whereas:

(1) According to the conclusions of

the European Council
meeting in Tampere on 15 and 16 October 1999, the
European Council endorses the principle of mutual recog-
nition, which in its view should become the cornerstone of
judicial cooperation in both civil and criminal matters
within the Union. The European Council believes that
this principle should apply both to judgments and to
other decisions by judicial authorities. Point 33 of
the
conclusions also notes that enhanced mutual recognition
judicial decisions and judgments and the necessary
of
approximation of legislation would facilitate cooperation
between authorities and the judicial protection of individual
rights.

(2) On 29 March 2000 the Council adopted an action plan for
the prevention and control of organised crime: a European
Union strategy for the beginning of the new millennium (1).
the action plan,
According to Recommendation 2 of
Member States and the Commission should ensure that
the applicable legislation provides for the possibility that
an applicant
in a public tender procedure who has
committed offences connected with organised crime can
be excluded from participation in tender procedures
conducted by Member States and the Community.

(3) On 29 November 2000 the Council adopted a programme
of measures to implement the principle of mutual recog-
nition of decisions in criminal matters (2). According to
point 3.4 of the programme, concerning disqualifications
and similar sanctions, the effectiveness of certain sanctions
within the European Union depends on their being
recognised and enforced throughout the Union.

judgments,

(4) There are a number of conventions designed to bring about
mutual recognition of criminal
including the
European Convention of 28 May 1970 on the international
the Convention of 13
validity of criminal
judgments,
the
November 1991 between the Member States of
European Communities on the enforcement of
foreign
criminal sentences, enacted by way of European political
cooperation, and the European Union Convention of 17
June 1998 on driving disqualifications (3).

(5) According to the European Convention of 20 April 1959
on mutual assistance in criminal matters, each contracting
to inform any other party of all criminal
party is
convictions
in respect of
nationals of the latter party, entered in the judicial records.

and subsequent measures

(6) Partly as a result of implementation of the principle of free
movement of persons within the European Union, there is
information between
a need for greater exchange of
Member States concerning judgments given in Member
States,
including disqualifications imposed as part of a
judgment or as a corollary of a criminal conviction.

(7) Furthermore provision needs to be made for the possibility
in the longer term of applying the principle of mutual
imposed as part of a
recognition to disqualifications
judgment or as a corollary of a criminal conviction.

(8) Application of

recognition to
the principle of mutual
disqualifications, however, as stated in point 3.4 of the
the principle of
programme of measures to implement
recognition of decisions
mutual
in criminal matters,
the compilation of a list of disqualifications
requires
common to all Member States, handed down when
sentencing a natural or legal person or further thereto.

(9) It is of considerable importance, however, that Member
States should at present be able to pass on details of
disqualifications imposed on natural persons as part of a
judgment or as a corollary of a criminal conviction, and
which restrict the convicted person's access to employment,
so that other Member States can extend such bans to their
own territory in accordance with their own national law,

(1) OJ C 124, 3.5.2000, p. 1.
(2) OJ C 12, 15.1.2001, p. 10.

(3) OJ C 211, 23.7.1999, p. 1.

C 223/18

EN

Official Journal of the European Communities

19.9.2002

HAS DECIDED AS FOLLOWS:

Article 1

Scope of the Decision

This Decision shall apply to disqualifications which are
imposed on natural persons as part of a judgment or as a
corollary of a criminal conviction, and which restrict
the
convicted persons' access to employment, with the exception
of driving disqualifications.

Article 2

Establishment of a national contact point for information
on disqualifications

Each Member State shall establish or designate a central

1.
national contact point for information on disqualifications.

The national contact point

in
and
international
legislation, of obtaining and supplying information

shall have the task,

agreements

relevant

2.
accordance with
national
on disqualifications.

3.
Each Member State shall notify the General Secretariat of
the Council of its national contact point for information on
disqualifications and of any subsequent changes
thereto,
the
pursuant
Council shall ensure that notification by Member States of
their national contact points
is passed on to the other
Member States and the Commission.

to this Decision. The General Secretariat of

Each Member State shall ensure that its national contact

4.
point is able to carry out its tasks quickly and effectively.

Article 3

Obtaining of information on disqualifications

1.
In accordance with the relevant national and international
rules, national contact points shall have access to national
criminal records, including access to information on disquali-
fications.

At the request of a contact point in another Member
inform it whether a

2.
shall
State, national contact points
person is subject to a disqualification.

3.
The information referred to in paragraph 2 shall be
supplied in accordance with relevant international agreements
and national law. Where a request for the information referred
to in paragraph 2 is not submitted in the course of a criminal
prosecution, Member States may make the supply of
the
information in question conditional upon the consent of the
person to whom it relates.

Should further details of

4.
the nature and length of a
disqualification be desired, the requesting Member State shall
submit a request for them in accordance with relevant inter-
national agreements.

Article 4

Notification of disqualifications

1. Member States shall be required to inform any other
the latter
Member State of disqualifications in respect of
Member State's nationals.

The information referred to in paragraph 1 shall also be
2.
the Member State in
supplied to another Member State if
which the disqualification has been imposed is aware that
the subject of it is:

(a) resident in that other Member State, or

(b) carrying on a business in that other Member State.

3.
The information referred to in paragraphs 1 and 2 shall
be supplied in accordance with national law and international
agreements.

Article 5

Notification of disqualifications to competent national
authorities

The national contact point shall notify the competent national
authorities of disqualifications of which the contact point has
been informed, pursuant to Articles 3 and 4, with a view to
their enforcement in accordance with national law.

Article 6

Languages

Correspondence between the various national contact points
shall be conducted in their own languages, with a copy in a
working language common to the Member States concerned,
save
agreed between the Member States
concerned.

as otherwise

Article 7

Assessment

The Council shall assess the implementation of this Decision
not later than two years after its adoption.

Article 8

Entry into force

This Decision shall take effect on the day following its publi-
cation in the Official Journal of the European Communities.

Done at Brussels, . . .

For the Council

The President

. . .