Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: area of freedom, security and justice, help for victims, indemnification

6.8.2004

EN

Official Journal of the European Union

L 261/15

COUNCIL DIRECTIVE 2004/80/EC

of 29 April 2004

relating to compensation to crime victims

THE COUNCIL OF THE EUROPEAN UNION,

they have suffered, regardless of where in the European
Community the crime was committed

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 308 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the European Economic and
Social Committee (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

One of the objectives of the European Community is to
abolish, as between Member States, obstacles to the free
movement of persons and services.

The Court of Justice held in the Cowan (4) Case that,
when Community law guarantees to a natural person
the freedom to go to another Member State, the protec-
tion of that person from harm in the Member State in
question, on the same basis as that of nationals and
persons residing there, is a corollary of that freedom of
movement. Measures
compensation to
victims of crimes should form part of the realisation of
this objective.

to facilitate

At its meeting in Tampere on 15 and 16 October 1999,
the European Council called for the drawing-up of
minimum standards on the protection of the victims of
crime, in particular on crime victims' access to justice
and their rights to compensation for damages, including
legal costs.

The Brussels European Council, meeting on 25 and 26
in the Declaration on Combating
March 2004,
Terrorism, called for the adoption of
this Directive
before 1 May 2004.

On 15 March 2001 the Council adopted Framework
Decision 2001/220/JHA on the standing of victims in
criminal proceedings. (5) This Decision, based on Title VI
of
the Treaty on the European Union, allows crime
victims to claim compensation from the offender in the
course of criminal proceedings.

(6)

Crime victims in the European Union should be entitled
to fair and appropriate compensation for the injuries

(1) OJ C 45 E, 25.2.2003, p. 69.
(2) Opinion delivered on 23 October 2003 (not yet published in the

Official Journal).

(3) OJ C 95, 23.4.2003, p. 40.
(4) Case 186/87, European Court reports 1989, p. 195.
(5) OJ L 82, 22.3.2001, p. 1.

(7)

(8)

(9)

This Directive sets up a system of cooperation to facili-
tate access to compensation to victims of crimes in
cross-border situations, which should operate on the
basis of Member States' schemes on compensation to
victims of violent intentional crime, committed in their
compensation
respective
mechanism should be in place in all Member States.

territories.

Therefore,

a

Most Member States have already established such
compensation schemes, some of them in fulfilment of
their obligations under the European Convention of
24 November 1983 on the compensation of victims of
violent crimes.

Since the measures contained in this Directive are neces-
sary in order to attain objectives of the Community and
the Treaty provides for no powers other than those in
Article 308 thereof for the adoption of this Directive,
that Article should be applied.

(10)

Crime victims will often not be able to obtain compensa-
tion from the offender, since the offender may lack the
necessary means to satisfy a judgment on damages or
because the offender cannot be identified or prosecuted.

(11) A system of cooperation between the authorities of the
Member States should be introduced to facilitate access
crime was
to compensation in cases where
committed in a Member State other than that of the
victim's residence.

the

(12)

(13)

(14)

This system should ensure that crime victims could
always turn to an authority in their Member State of
residence and should ease any practical and linguistic
difficulties that occur in a cross-border situation.

The system should include the provisions necessary for
allowing the crime victim to find the information
needed to make the application and for allowing for effi-
cient cooperation between the authorities involved.

rights and
This Directive respects
observes the principles reaffirmed in particular by the
Charter of Fundamental Rights of the European Union
as general principles of Community law.

the fundamental

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(15)

Since the objective of facilitating access to compensation
to victims of crimes of cross-border situations cannot be
sufficiently achieved by the Member States because of
the cross-border elements and can therefore, by reason
of the scale or effects of the action, be better achieved at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in
order to achieve that objective.

(16)

The measures necessary for the implementation of the
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1),

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

ACCESS TO COMPENSATION IN CROSS-BORDER SITUATIONS

Article 1

Right to submit an application in the Member State of
residence

Member States shall ensure that where a violent intentional
crime has been committed in a Member State other than the
Member State where the applicant for compensation is habi-
tually resident, the applicant shall have the right to submit the
application to an authority or any other body in the latter
Member State.

Article 2

Responsibility for paying compensation

3. Member States shall endeavour to keep to a minimum the
administrative formalities required of an applicant for compen-
sation.

Article 4

Information to potential applicants

shall ensure that potential applicants

for
Member States
compensation have access to essential
information on the
possibilities to apply for compensation, by any means Member
States deem appropriate.

Article 5

Assistance to the applicant

1.
The assisting authority shall provide the applicant with
the information referred to in Article 4 and the required appli-
cation forms, on the basis of the manual drawn up in accord-
ance with Article 13(2).

The assisting authority shall, upon the request of the
2.
applicant, provide him or her with general guidance and infor-
mation on how the application should be completed and what
supporting documentation may be required.

The assisting authority shall not make any assessment of

3.
the application.

Article 6

Transmission of applications

The assisting authority shall transmit the application and
1.
any supporting documentation as quickly as possible to the
deciding authority.

The assisting authority shall

2.
using the standard form referred to in Article 14.

transmit

the application

Compensation shall be paid by the competent authority of the
Member State on whose territory the crime was committed.

3.
The language of the application and any supporting docu-
mentation shall be determined in accordance with Article 11(1).

Article 3

Responsible authorities and administrative procedures

Article 7

Receipt of applications

1. Member States shall establish or designate one or several
authorities or any other bodies, hereinafter referred to as
‘assisting authority or authorities’,
to be responsible for
applying Article 1.

Upon receipt of an application transmitted in accordance with
Article 6, the deciding authority shall send the following infor-
mation as soon as possible to the assisting authority and to the
applicant:

2. Member States shall establish or designate one or several
authorities or any other bodies to be responsible for deciding
upon applications for compensation, hereinafter referred to as
‘deciding authority or authorities’.

(1) OJ L 184, 17.7.1999, p. 23.

(a) the contact person or the department responsible for hand-

ling the matter;

(b) an acknowledgement of receipt of the application;

(c) if possible, an indication of the approximate time by which

a decision on the application will be made.

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Article 8

Requests for supplementary information

The assisting authority shall
if necessary provide general
guidance to the applicant in meeting any request for supple-
mentary information from the deciding authority.

It shall upon the request of the applicant subsequently transmit
it as soon as possible directly to the deciding authority,
enclosing, where appropriate, a list of any supporting docu-
mentation transmitted.

Article 9

Hearing of the applicant

1.
If the deciding authority decides, in accordance with the
law of its Member State, to hear the applicant or any other
it may contact the
person such as a witness or an expert,
assisting authority for the purpose of arranging for:

(a) the person(s) to be heard directly by the deciding authority,
in accordance with the law of its Member State, through
the use in particular of telephone- or video-conferencing;
or

(b) the person(s) to be heard by the assisting authority,

in
accordance with the law of its Member State, which will
the hearing to the
subsequently transmit a report of
deciding authority.

2.
The direct hearing in accordance with paragraph 1(a)
may only take place in cooperation with the assisting authority
and on a voluntary basis without the possibility of coercive
measures being imposed by the deciding authority.

Article 10

Communication of the decision

The deciding authority shall send the decision on the applica-
tion for compensation, by using the standard form referred to
in Article 14, to the applicant and to the assisting authority, as
soon as possible,
law, after the
decision has been taken.

in accordance with national

Article 11

Other provisions

Information transmitted between the authorities pursuant

1.
to Articles 6 to 10 shall be expressed in:

(a) the official

languages or one of

the
Member State of the authority to which the information is
sent, which corresponds to one of the languages of the
Community institutions; or

the languages of

(b) another language of the Community institutions that that

Member State has indicated it can accept;

with the exception of:

(i) the full text of decisions taken by the deciding authority,
where the use of languages shall be governed by the law of
its Member State;

(ii) reports drawn up following a hearing in accordance with
Article 9(1)(b), where the use of languages shall be deter-
mined by the assisting authority, subject to the requirement
that it corresponds to one of the languages of the Com-
munity institutions.

2.
Services rendered by the assisting authority in accordance
with Articles 1 to 10 shall not give rise to a claim for any reim-
bursement of charges or costs from the applicant or from the
deciding authority.

3.
Application forms and any other documentation trans-
mitted in accordance with Articles 6 to 10 shall be exempted
from authentication or any equivalent formality.

CHAPTER II

NATIONAL SCHEMES ON COMPENSATION

Article 12

1.
The rules on access to compensation in cross-border
situations drawn up by this Directive shall operate on the basis
of Member States' schemes on compensation to victims of
violent intentional crime committed in their respective terri-
tories.

All Member States shall ensure that their national rules
2.
provide for the existence of a scheme on compensation to
victims of violent intentional crimes committed in their respec-
tive territories, which guarantees fair and appropriate compen-
sation to victims.

CHAPTER III

IMPLEMENTING PROVISIONS

Article 13

Information to be sent to the Commission and the manual

1. Member States shall, no later than 1 July 2005, send to
the Commission details of:

(a) the list of authorities established or designated in accord-
ance with Articles 3(1) and 3(2), including, where appro-
priate, information on the special and territorial jurisdiction
of these authorities;

(b) the language(s) referred to in Article 11(1)(a) which the
authorities can accept for the purpose of applying Articles
6 to 10 and the official language or languages other than
its own which is or are acceptable to it for the transmission
of applications in accordance with Article 11(1)(b).

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(c) the information established in accordance with Article 4;

(d) the application forms for compensation;

Member States shall inform the Commission of any subsequent
changes to this information.

establish and publish on the

The Commission shall, in cooperation with the Member
2.
States
a manual
containing the information provided by the Member States
pursuant to paragraph 1. The Commission shall be responsible
for arranging the necessary translations of the manual.

internet

Article 14

Standard form for transmission of applications and deci-
sions

Standard forms shall be established, at the latest by 31 October
2005, for the transmission of applications and decisions in
accordance with the procedure referred to in Article 15(2).

Article 15

Committee

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

3.

The Committee shall adopt its Rules of Procedure.

Article 16

Central contact points

Member States shall appoint a central contact point for the
purposes of:

(a) assisting with the implementation of Article 13(2);

(b) furthering close cooperation and exchange of information
in the

between the assisting and deciding authorities
Member States; and

(c) giving assistance and seeking solutions to any difficulties

that may occur in the application of Articles 1 to 10.

The contact points shall meet regularly.

Article 17

territory, or any other person affected by such a crime,
subject to any conditions that Member States may specify
for that purpose.

Article 18

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 1 January 2006 at the latest, with the exception of
Article 12(2), in which case the date of compliance shall be
1 July 2005. They shall
forthwith inform the Commission
thereof.

2. Member States may provide that the measures necessary
to comply with this Directive shall apply only to applicants
whose injuries result from crimes committed after 30 June 2005.

3. When Member States adopt these measures, they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
the Member States.

4. Member States shall communicate to the Commission the
text of the main provisions of domestic law, which they adopt
in the field governed by this Directive.

Article 19

Review

No later than by 1 January 2009, the Commission shall present
to the European Parliament, the Council and the European
Economic and Social Committee a report on the application of
this Directive.

Article 20

Entry into force

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.

Article 21

Addressees

More favourable provisions

This Directive is addressed to the Member States.

This Directive shall not prevent Member States, in so far as
such provisions are compatible with this Directive, from:

(a) introducing or maintaining more favourable provisions for
the benefit of victims of crime or any other persons
affected by crime;

(b) introducing or retaining provisions for the purpose of
compensating victims of crime committed outside their

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL