Initiative of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the European Union
Date: 2005-06-21
Institutions: Austria, Finland, Sweden
Subjects: framework decision, judicial cooperation in criminal matters in the EU, transfer of prisoners

21.6.2005

EN

Official Journal of the European Union

C 150/1

II

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

Initiative of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden with a
view to adopting a Council Framework Decision on the European enforcement order and the
transfer of sentenced persons between Member States of the European Union

(2005/C 150/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Articles 31(1)(a) and 34(2)(b) thereof,

Having regard to the initiative of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The European Council meeting in Tampere on 15 and
16 October 1999 endorsed the principle of mutual
recognition, which should become the cornerstone of
judicial cooperation in both civil and criminal matters
within the Union.

(3) The Hague Programme on strengthening freedom,
security and justice in the European Union (2), requires
the Member States to complete the programme of
measures,
in particular in the field of enforcing final
custodial sentences.

(4) All the Member States of the European Union have
ratified the Council of Europe Convention on the
Transfer of Sentenced Persons of 21 March 1983. Under
that Convention, sentenced persons may be transferred
to serve the remainder of their sentence only to their
State of nationality and only with their consent and that
of the States involved. The Additional Protocol to the
Convention of 18 December 1997, which allows transfer
without the person’s consent, subject to certain condi-
tions, has not been ratified by all the Member States.
Neither instrument imposes any basic duty to take charge
of sentenced persons for enforcement of a sentence or
order.

(2) On 29 November 2000 the Council, in accordance with
the Tampere conclusions, adopted a programme of
measures to implement the principle of mutual recogni-
tion of decisions in criminal matters (1), in which it called
for an assessment of the need for modern mechanisms
for the mutual recognition of final sentences involving
deprivation of
liberty (measure 14) and for extended
application of the principle of the transfer of sentenced
persons to cover persons resident in a Member State
(measure 16).

(5) Relations between the Member States, which are
characterised by special mutual confidence in other
Member States’ legal systems, should go further than the
existing Council of Europe instruments on transfer for
enforcement purposes. It should be established that there
is a basic duty on the executing State to take charge of
those of its nationals and those persons permanently
legally resident in its territory who have been given a
final custodial sentence or a detention order in another
Member State, irrespective of their consent, unless there
are specific reasons for refusal.

(1) OJ C 12, 15.1.2001, p. 10.

(2) OJ C 53, 3.3.2005, p. 1.

C 150/2

EN

Official Journal of the European Union

21.6.2005

(6) The transfer of sentenced persons to the State of
nationality, the State of legal residence or the State with
which the persons have other close links to serve their
sentence helps with their social rehabilitation.

(7) This Framework Decision is intended to respect funda-
mental rights and to observe the principles recognised by
Article 6 of the Treaty and reflected by the Charter of
Fundamental Rights of the European Union, in particular
Chapter VI thereof. Nothing in this Framework Decision
should be interpreted as prohibiting refusal to execute a
decision when there are objective reasons to believe that
the sentence was imposed for the purpose of punishing a
person on the grounds of his or her sex, race, religion,
ethnic origin, nationality, language, political opinions or
sexual orientation, or that that person’s position may be
prejudiced on anyone of those grounds.

Article 2

Determination of the competent authorities

Each Member State shall inform the General Secretariat
1.
of
the Council which authority or authorities, under its
national law, are competent in accordance with this Frame-
work Decision, when that Member State is the issuing State or
the executing State.

2. Notwithstanding Article 4, each Member State may
designate, if it is necessary as a result of the organisation of its
internal system, one or more central authorities responsible
for the administrative transmission and reception of
the
European enforcement order and to assist the competent
authorities.

(8) This Framework Decision is intended not to prevent any
Member State from applying its constitutional rules
relating to due process, freedom of association, freedom
of the press and freedom of expression in other media,

3.
The General Secretariat of the Council shall make the
information received available to all Member States and the
Commission.

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Definitions

For the purposes of this Framework Decision:

(a)

(b)

‘European enforcement order’ shall mean a decision
delivered by a competent authority of the issuing State
for the purpose of enforcing a final sentence imposed on
a natural person by a court of that State;

‘sentence’ shall mean any custodial sentence or detention
order for a limited or unlimited period of time imposed
by a court on the basis of criminal proceedings on
account of a criminal offence;

Article 3

Purpose

1.
The purpose of this Framework Decision is to establish
the rules under which a Member State shall recognise and
enforce on its territory a sentence imposed by a court of
another Member State in accordance with Article 1(b)
irrespective of whether or not enforcement has already been
started.

2.
This Framework Decision is applicable where the
sentenced person is in the issuing State or in the executing
State.

3.

(a) The following Articles of this Framework Decision
shall also apply to the enforcement of sentences
where, pursuant to a requirement of Article 5(3) of
Council Framework Decision 2002/584/JHA of
13 June 2002 on the European arrest warrant and
the
between Member
States (1), the person is returned to the executing
State in order to serve there the custodial sentence
or detention order passed against him or her in the
issuing State:

procedures

surrender

(c)

‘issuing State’ shall mean the Member State in which a
European enforcement order was delivered;

— Article 1: Definitions,

(d)

‘executing State’ shall mean the Member State to which a
European enforcement order has been forwarded for the
purpose of its enforcement.

(1) OJ L 190, 18.7.2002, p. 1.

21.6.2005

EN

Official Journal of the European Union

C 150/3

— Article 2: Determination of

the competent

— Article 15: Amnesty, pardon,

review of

authorities,

sentence,

— Article 4(3) to (6): Forwarding of the European

enforcement order,

— Article 6: Form and content of the European

enforcement order,

— Article 8: Recognition and enforcement of a

European enforcement order,

— Article 10: Decision on the European enforce-

ment order and time limits,

— Article 11: Transfer of persons,

— Article 12: Transit,

— Article 13: Law governing enforcement,

— Article 15: Amnesty, pardon,

review of

sentence,

— Article 16: Information from the issuing State,

— Article 17(a), (c), (d), (e) and (f): Information

from the executing State,

— Article 18: Consequences of the transfer of the

sentenced person,

— Article 19: Costs,

— Article 20: Relationship with other agreements

and arrangements,

— Article 21: Implementation,

— Article 22: Entry into force.

(b) The following Articles of this Framework Decision
shall also apply to the enforcement of sentences
where, according to Article 4(6) of Framework
Decision 2002/584/JHA, the executing State under-
takes to execute the sentence:

— Article 12: Definitions,

— Article 8: Recognition and enforcement of a

European enforcement order,

— Article 17(c), (d), (e) and (f): Information from

the executing State,

— Article 18: Consequences of the transfer of the

sentenced person,

— Article 19: Costs,

— Article 20: Relationship with other agreements

and arrangements,

— Article 21: Implementation,

— Article 22: Entry into force.

The State that issued the European arrest warrant
shall supply the executing State with the informa-
tion contained in a European enforcement order.
The
communicate
authorities
directly in matters relating to this paragraph.

competent

shall

4.
This Framework Decision shall not have the effect of
modifying the obligation to respect fundamental rights and
fundamental legal principles as enshrined in Article 6 of the
Treaty on European Union.

Article 4

Forwarding of the European enforcement order

1. A European enforcement order in respect of a sentence
within the meaning of Article 1(b) may be forwarded to the
authorities referred to in Article 2(1) of a Member State of
which the natural person on whom the sentence has been
imposed is a national, in which that person has his or her
permanent legal residence or with which that person has other
close links. In the latter case the European enforcement order
can be forwarded only with the consent of the sentenced
person. The executing State may also, on its own initiative,
request the issuing State to forward a European enforcement
order. The sentenced person may also request the competent
authorities of the issuing State or of the executing State to
initiate a procedure under this Framework Decision.

— Article 12: Transit,

— Article 13: Law governing enforcement,

2. A European enforcement order shall not be forwarded if
the person on whom the sentence has been imposed has his
permanent legal residence in the issuing State, unless the
sentenced person consents to the transfer or unless the

C 150/4

EN

Official Journal of the European Union

21.6.2005

decision or an administrative decision consequential to that
decision includes an expulsion or deportation order or any
other measure as a result of which that person will no longer
be allowed to remain in the territory of the issuing State after
serving a sentence.

The fact that,

3.
in addition to the sentence within the
meaning of Article 1(b) in respect of the act forming the basis
of the European enforcement order, a fine was also imposed
which has not yet been paid by the sentenced person shall not
prevent a European enforcement order from being forwarded.
The enforcement of the fine in another Member State shall be
based on the relevant provisions in this field applicable
between the Member States.

4.
The European enforcement order shall be forwarded
directly to the competent authority in the executing State by
the competent authority in the issuing State by any means
which leaves a written record under conditions allowing the
executing State to establish its authenticity. All official
communications shall also be made directly between the said
competent authorities.

5.
The issuing State shall forward the European enforce-
ment order relating to a person only to one executing State at
any one time.

6.
If the competent authority in the executing State is not
known to the competent authority in the issuing State, the
latter shall make all necessary inquiries,
including via the
Contact points of the European Judicial Network set up by
Council Joint Action 98/428/JHA (1), in order to obtain the
information from the executing State.

it and take

7. When an authority in the executing State which receives
a European enforcement order has no competence to
its
recognise
enforcement,
forward the European
enforcement order to the competent authority and shall
inform the competent authority in the issuing State accord-
ingly.

the necessary measures

shall, ex officio,

for

it

enforcement order shall be issued and,
executing State it shall be forwarded.

if so to which

2. When the sentenced person is in the issuing State, the
competent authority of that State shall notify him of the
consequences of transfer to the executing State. When the
sentenced person is in the executing State, such notification
shall be given by the competent authority of that State, when
required in the interests of justice.

Article 6

Form and content of the European enforcement order

The European enforcement order shall contain the
1.
information mentioned in the form in the Annex. The
competent authority of
the issuing State shall verify the
accuracy of the information and sign it.

2.
The European enforcement order shall be translated into
the official language or one of the official languages of the
executing State. Any Member State may, either when this
Framework Decision is adopted or at a later date, state in a
the
declaration deposited with the General Secretariat of
Council that it will accept a translation in one or more other
official languages of the Union.

Article 7

Scope

The following offences,

1.
if they are punishable in the
issuing State by a custodial sentence or a detention order for a
maximum period of at least three years, and as they are
defined by the law of the issuing State, shall, under the terms
of this Framework Decision and without verification of the
double criminality of the act, give rise to recognition and
enforcement of a European enforcement order:

Article 5

— participation in a criminal organisation,

Opinion and notification of the sentenced person

— terrorism,

— trafficking in human beings,

1. When the sentenced person is in the issuing State, he
shall, if possible, be given an opportunity to state his opinion
orally or in writing before a European enforcement order is
issued. Subject to Article 4(1), second sentence, his consent
shall not be required for the forwarding of the European
enforcement order. However, his opinion shall be taken into
European
consideration when

deciding whether

the

— sexual exploitation of children and child pornography,

— illicit

trafficking in narcotic drugs and psychotropic

substances,

— illicit trafficking in weapons, munitions and explosives,

(1) OJ L 191, 7.7.1998, p. 4.

— corruption,

21.6.2005

EN

Official Journal of the European Union

C 150/5

— fraud, including that affecting the financial interests of
the European Communities within the meaning of the
Convention of 26 July 1995 on the protection of the
European Communities’ financial interests (1),

— laundering of the proceeds of crime,

— counterfeiting currency, including of the euro,

— computer-related crime,

— environmental crime,

trafficking in
endangered animal species and in endangered plant
species and varieties,

including illicit

— facilitation of unauthorised entry and residence,

— murder, grievous bodily injury,

— illicit trade in human organs and tissue,

— kidnapping, illegal restraint and hostage-taking,

— racism and xenophobia,

— organised or armed robbery,

— illicit trafficking in cultural goods, including antiques and

works of art,

— swindling,

— racketeering and extortion,

— counterfeiting and piracy of products,

— forgery of administrative documents and trafficking

therein,

— forgery of means of payment,

— illicit

trafficking in hormonal substances and other

growth promoters,

— illicit trafficking in nuclear or radioactive materials,

— trafficking in stolen vehicles,

— rape,

— arson,

— crimes within the jurisdiction of

the International

Criminal Court,

(1) OJ C 316, 27.11.1995, p. 49.

— unlawful seizure of aircraft/ships,

— sabotage.

2.
The Council may decide to add other categories of
in paragraph 1 at any time, acting
offences to the list
unanimously after consultation of the European Parliament
under the conditions laid down in Article 39(1) of the Treaty.
The Council shall examine, in the light of the report submitted
to it pursuant to Article 21(4) of this Framework Decision,
whether the list should be extended or amended.

3.
For offences other than those covered by paragraph 1,
the executing State may make the recognition and enforce-
ment of a European enforcement order subject
to the
condition that the order relates to acts which also constitute
an offence under the law of the executing State, whatever the
constituent elements or however it is described.

Article 8

Recognition and enforcement of a European enforcement
order

1.
The competent authority of the executing State shall
recognise a European enforcement order which has been
forwarded in accordance with Article 4 without any further
formality being required, and shall forthwith take all the
necessary measures for its enforcement, unless the competent
authority decides to invoke one of the grounds for non-
recognition and non-enforcement provided for in Article 9.

2. Where the sentence is incompatible with fundamental
principles of the law of the executing State in terms of its
duration, the competent authority of the executing State may
decide to adapt the sentence to the maximum level provided
for a criminal act under the national law of that State.

3. Where the sentence is incompatible with the law of the
executing State in terms of its nature, the competent authority
of that State may adapt it to the punishment or measure
provided for under its own law for a criminal offence of the
same type by means of a court or administrative ruling. Such a
punishment or measure must correspond as closely as
possible to the sentence imposed in the issuing State; this
means that the sentence cannot be converted into a pecuniary
punishment. It must not increase the sentence imposed in the
issuing State.

C 150/6

EN

Official Journal of the European Union

21.6.2005

If the European enforcement order has also been issued
4.
in respect of acts which are not covered by Article 7(1), and
the executing State refuses to recognise and enforce the
European enforcement order on account of such acts pursuant
to Article 9(1)(b), that State has to request the issuing State to
be notified which part of the sentence relates to the acts in
question. After having received that information, the execut-
ing State may reduce the sentence by the portion thereof
which is notified by the issuing State.

Article 9

Grounds for non-recognition and non-enforcement

1.
The competent authorities in the executing State may
refuse to recognise and enforce the European enforcement
order if:

a decision against the person concerned in respect of the
same acts has been delivered in the executing State or in
any State other than the issuing or the executing State,
provided that in the latter case the decision has been
executed, is currently being executed or may no longer be
executed under the law of the sentencing State;

in a case referred to in Article 7(3), the enforcement
order relates to acts which would not constitute an
offence under the law of the executing State; however, in
relation to taxes or duties, customs and exchange,
execution of a European enforcement order may not be
refused on the ground that the law of the executing State
does not impose the same kind of tax or duty or does not
contain the same type of rules as regards taxes, duties and
customs and exchange regulations as the law of the
issuing State;

enforcement of

the decision is

the
statute-barred
according to the law of the executing State, insofar as
the European enforcement order relates to acts which fall
within the jurisdiction of the executing State under its
own law;

person was not summoned personally or informed in
some other way of the time and place of the proceedings
which resulted in the decision rendered in absentia, or if
the person has not indicated to a competent authority
that he or she does not contest the case;

(g)

the natural person in respect of whom the European
enforcement order has been issued neither possesses the
nationality of the executing State, nor is legally and
permanently resident in, nor yet has any close links with
that State.

In the cases referred to in paragraph 1(a), (f) and (g),
2.
before deciding not to recognise and enforce a European
enforcement order, the competent authority in the executing
State shall consult the competent authority in the issuing
State, by any appropriate means, and shall, where appropriate,
ask it to supply any necessary additional information without
delay.

Article 10

Decision on the European enforcement order and time
limits

1.
The competent authority in the executing State shall, as
quickly as possible and in any case within a maximum of three
weeks of receipt of the European enforcement order, decide
whether to enforce it.

2.
If in exceptional cases it is not possible to take a decision
on enforcement of the European enforcement order within the
period laid down in paragraph 1, the competent authority of
the executing State shall inform the competent authority of
the issuing State thereof and of the reasons without delay. In
that event the decision shall be taken as soon as possible.

Article 11

Transfer of persons

the European enforcement order has been issued in
respect of a natural person who, under the law of the
executing State, owing to his or her age, could not yet
have been held criminally liable for the acts in respect of
which the European enforcement order was issued;

1.
If a person in respect of whom a European enforcement
order has been issued is in the issuing State, the person shall
be transferred to the executing State as quickly as possible at a
time agreed between the competent authorities of the issuing
and the executing State.

at the time the European enforcement order was received
by the competent authority pursuant to Article 4(1), less
than four months of the sentence have still to be served;

2.
The person shall be transferred no later than two weeks
after the final decision on the enforcement of the European
enforcement order has been taken.

the person concerned does not agree to the European
enforcement order being forwarded and the order has
been issued for the purposes of enforcing a sentence
imposed by a decision rendered in absentia, insofar as the

3.
If the transfer of the person within the period laid down
in paragraph 2 is prevented by unforeseeable circumstances,
the competent authorities of the issuing and executing States
immediately contact each other and agree on a new
shall
transfer date.

(a)

(b)

(c)

(d)

(e)

(f)

21.6.2005

EN

Official Journal of the European Union

C 150/7

The transfer may exceptionally be temporarily postponed
4.
for serious humanitarian reasons,
in particular if there are
substantial grounds for believing that it would manifestly
endanger the life or health of the person concerned. The
transfer shall take place as soon as these grounds have ceased
to exist. The competent authority of the issuing State shall
immediately inform the competent authority of the executing
State and both shall agree on a new transfer date.

Article 12

Transit

1.
Each Member State shall permit the transit through its
territory of a sentenced person who is being transferred to the
executing State provided that it has been given information
on:

(a)

the identity and nationality of the person who is the
subject of the European enforcement order;

(b)

the existence of a European enforcement order;

to determine all the measures relating thereto, including the
grounds for conditional release.

2.
The competent authority of the executing State shall
liberty served in the
deduct any period of deprivation of
issuing State or in another State in connection with the
sentence in respect of which the European enforcement order
is issued from the total duration of the deprivation of liberty
to be served in the executing State.

3. Unless otherwise agreed between the issuing and the
executing States, conditional release may only be granted if the
sentenced person has served a total of at least half the sentence
in the issuing and executing States.

4. Any decision on conditional release shall also take
account of those provisions of national law indicated by the
issuing State under which the person is entitled to conditional
release at a specified point in time.

Article 14

Speciality

(c)

the nature and legal classification of the offence under-
lying the European enforcement order;

(d)

the description of
including date and place.

the circumstances of

the offence,

Subject

1.
to paragraph 2, a person transferred to the
executing State pursuant to this Framework Decision may not
be prosecuted, sentenced or otherwise deprived of his or her
liberty for an offence committed prior to his or her transfer
other than that for which he or she was transferred.

2.
The transit request and the information referred to in
paragraph 1 may be transmitted by any means capable of
producing a written record. The Member State of transit shall
notify its decision, which shall be taken on a priority basis and
not later than one week after having received the request by
the same procedure.

2.

Paragraph 1 shall not apply in the following cases:

(a) when the person having had an opportunity to leave the
territory of the executing State has not done so within 45
days of his or her final discharge, or has returned to that
territory after leaving it;

3. A transit request is not required in the case of transport
by air without a scheduled stopover. However,
if an
unscheduled landing occurs, the issuing State shall provide
the information provided for in paragraph 1.

(b) when the offence is not punishable by a custodial

sentence or detention order;

Article 13

Law governing enforcement

1.
The enforcement of a European enforcement order shall
be governed by the law of the executing State in the same way
as sentences imposed by that State. The authorities of the
executing State alone shall, subject to paragraphs 2 and 3, be
competent to decide on the procedures for enforcement and

(c) when the criminal proceedings do not give rise to the
application of a measure restricting personal liberty;

involving deprivation of

(d) when the person could be liable to a penalty or a coercive
measure not
in
particular a fine or a measure affecting property or a
measure in lieu thereof, even if the penalty or measure
may give rise to a restriction of his or her personal
liberty;

liberty,

(e) when the person consented to be transferred;

C 150/8

EN

Official Journal of the European Union

21.6.2005

(f) when the person, after his or her transfer, has expressly
renounced entitlement to the speciality rule with regard
to specific offences preceding his or her
transfer.
Renunciation shall be given before the competent judicial
authorities of the executing State and shall be recorded in
accordance with that State’s domestic law. The renuncia-
tion shall be drawn up in such a way as to make clear
that
the person has given it voluntarily and in full
awareness of the consequences. To that end, the person
shall have the right to legal counsel;

Article 17

Information from the executing State

The competent authority of the executing State shall without
delay inform the competent authority of the issuing State by
any means which leaves a written record:

(g) where the issuing State gives its consent in accordance

with paragraph 3.

(a)

of the forwarding of the European enforcement order to
the competent authority in accordance with Article 4(6);

for consent

3. A request
shall be submitted to the
competent authority of the issuing State, accompanied by
the information mentioned in Article 8(1) of Framework
Decision 2002/584/JHA and a translation as referred to in
Article 8(2) thereof. Consent shall be given if the offence for
which it is requested could give rise to surrender under that
Framework Decision. The decision shall be taken no later than
30 days after receipt of
the situations
mentioned in Article 5 of
that Framework Decision, the
executing State shall give the guarantees provided for therein.

the request. For

Article 15

Amnesty, pardon, review of sentence

1. An amnesty or pardon may be granted by the issuing
State and also by the executing State.

2. Only the issuing State may decide on applications for
review of the decision imposing the sentence to be enforced
under this Framework Decision.

(b) of any decision not to recognise and enforce a European
enforcement order in accordance with Article 9, together
with the reasons for the decision;

(c)

of the adaptation of the sentence in accordance with
Article 8(2) or (3), together with the reasons for the
decision;

(d) of the total or partial non-enforcement of the order for
the reasons referred to in Articles 8(4), 13(1) and 15(1),
together with the reasons for the decision, and, in the
event of partial non-enforcement for the reason referred
to in Article 8(4), a request to be notified which part of
the sentence relates to the acts in question;

(e)

of the fact that the person concerned has not started
serving the sentence without reason;

(f)

of the sentenced person’s escape from custody prior to
completion of the sentence;

(g) of the enforcement of the sentence as soon as it has been

completed.

Article 16

Article 18

Information from the issuing State

Consequences of the transfer of the sentenced person

The competent authority of

1.
the issuing State shall
forthwith inform the competent authority of the executing
State of any decision or measure as a result of which the
sentence ceases to be enforceable immediately or within a
certain period of time.

Subject to paragraph 2, the issuing State, following the
1.
transfer of the person concerned, may not proceed further
with the enforcement of the sentence which forms the basis of
a European enforcement order
to
Article 4.

forwarded pursuant

2.
The executing State shall terminate enforcement of the
sentence as soon as it is informed by the competent authority
of the issuing State of that decision or measure.

2.
The right to enforce the sentence shall revert to the
issuing State upon its being informed by the executing State of
the total or partial non-enforcement of the decision pursuant
to Articles 8(4), 15(1) and 17(d) and (e).

21.6.2005

EN

Official Journal of the European Union

C 150/9

Article 19

Costs

this Framework
Costs resulting from the application of
Decision shall be borne by the executing State, except for
those arising exclusively in the sovereign territory of the
issuing State.

Article 20

Relationship with other agreements and arrangements

Member States may continue to apply bilateral or multilateral
agreements or arrangements in force when this Framework
Decision was adopted, insofar as they allow the objectives of
this Framework Decision to be extended or enlarged and help
the
to simplify or
enforcement of sentences.

facilitate further

the procedures

for

Article 21

Implementation

the provisions transposing into their national

shall communicate to the General
2. Member States
Secretariat of the Council and to the Commission the text
of
law the
obligations imposed on them under this Framework Decision.
On the basis of a report drawn up by the Commission using
this information, the Council shall, no later than ... (2), assess
the extent to which Member States have complied with this
Framework Decision.

3.
The General Secretariat of the Council shall notify the
Member States and the Commission of the declarations made
pursuant to Article 6(2).

By … (3), the Commission shall establish a report on the
the information received, accompanied by any

4.
basis of
initiatives it may deem appropriate.

Article 22

Entry into force

This Framework Decision shall enter into force on the day of
its publication in the Official Journal of the European Union.

Done at …

1. Member States shall
comply with this Framework Decision by ... (1).

take the necessary measures to

For the Council
The President

(1)

Two years after the date of entry into force of this Framework
Decision.

(2)

(3)

Four years after the date of entry into force of this Framework
Decision.
Five years after the date of entry into force of this Framework
Decision.

C 150/10

EN

Official Journal of the European Union

21.6.2005

ANNEX

EUROPEAN ENFORCEMENT ORDER

referred to in Framework Decision ..../...../JHA of the Council on the European enforcement order and the
transfer of sentenced persons between Member States of the European Union

This European enforcement order was issued by a competent authority.

You are requested to recognise and enforce the sentence imposed in respect of the person mentioned below.

(a)

Issuing State: ....................................................................................................................................................

Executing State: ................................................................................................................................................

(b)  The court which issued the decision imposing the sentence

Ofﬁ cial name: ....................................................................................................................................................

Address:  ...........................................................................................................................................................

...........................................................................................................................................................................

File reference (…): ............................................................................................................................................

Tel. (country code) (area/city code):  .................................................................................................................

Fax  (country code) (area/city code):  ................................................................................................................

E-mail address (if available):  ............................................................................................................................

Languages in which it is possible to communicate with the issuing authority: 

...........................................................................................................................................................................

Contact details for person(s) to be contacted to obtain additional information for the purposes of enforcement 

of the sentence or agreement on the transfer procedures (name, title/grade, telephone, fax, and, if available, 

e-mail address): 

...........................................................................................................................................................................

...........................................................................................................................................................................

...........................................................................................................................................................................

(c) 

 The authority in the issuing State competent for the enforcement of the sentence (if the authority is 

different from the authority under point (b))

Ofﬁ cial name: ....................................................................................................................................................

...........................................................................................................................................................................

Address: ............................................................................................................................................................

...........................................................................................................................................................................

Tel. (country code) (area/city code):  .................................................................................................................

21.6.2005

EN

Official Journal of the European Union

C 150/11

Fax (country code) (area/city code):  .................................................................................................................

E-mail address (if available):  ............................................................................................................................

Languages in which it is possible to communicate with the authority competent for the enforcement:

...........................................................................................................................................................................

Contact details for person(s) to be contacted to obtain additional information for the purposes of enforcement 

of the decision or agreement on the transfer procedures (name, title/grade, telephone, fax, and, if available, 

e-mail address): 

...........................................................................................................................................................................

...........................................................................................................................................................................

...........................................................................................................................................................................

(d) 

 Where  a  central  authority  has  been  made  responsible  for  the  administrative  forwarding  of  the 

European enforcement order in the issuing State:

Name of the central authority:  ..........................................................................................................................

...........................................................................................................................................................................

Contact person, if applicable (title/grade and name):  .......................................................................................

...........................................................................................................................................................................

Address:  ...........................................................................................................................................................

...........................................................................................................................................................................

File reference:  ..................................................................................................................................................

Tel. (country code) (area/city code):  .................................................................................................................

Fax  (country code) (area/city code):  ................................................................................................................

E-mail address (if available):  ............................................................................................................................

(e)  The authority or authorities which may be contacted (if (c) and/or (d) has been ﬁ lled in):

Authority mentioned under point (b) 

Can be contacted for questions concerning: .....................................................................................................

Authority mentioned under point (c)

Can be contacted for questions concerning: .....................................................................................................

Authority mentioned under point (d) 

Can be contacted for questions concerning: .....................................................................................................

C 150/12

EN

Official Journal of the European Union

21.6.2005

(f) 

 Information regarding the natural person on whom the sentence has been imposed:

Name: ...............................................................................................................................................................

Forename(s): ....................................................................................................................................................

Maiden name, where applicable: ......................................................................................................................

Aliases, where applicable: ................................................................................................................................

Sex:  ..................................................................................................................................................................

Nationality: ........................................................................................................................................................

Identity number or social security number (if available):  ..................................................................................

Date of birth: .....................................................................................................................................................

Place of birth:  ...................................................................................................................................................

Place of residence and/or last known address: ................................................................................................

 ..........................................................................................................................................................................

Language(s) which the person understands (if known):  ..................................................................................

...........................................................................................................................................................................

If  the  European  enforcement  order  is  forwarded  to  the  executing  State  because  the  person  on  whom  the 

sentence has been imposed has legal permanent residence in that State, add the following information: 

Legal residence in the executing State:  ...........................................................................................................

...........................................................................................................................................................................

...........................................................................................................................................................................

If  the  European  enforcement  order  is  forwarded  to  the  executing  State  because  the  person  on  whom  the 

sentence has been imposed has other close links to that State, add the following information:

Nature of the close links to the executing State:  ..............................................................................................

(g)  Decision imposing the sentence:

The decision was made on (date):  ...................................................................................................................

The decision became ﬁ nal on (date):  ...............................................................................................................

Reference number of the decision (if available):  ..............................................................................................

The decision or an administrative decision consequential to that decision includes an expulsion order or any 

other measure as a result of which the person will no longer be allowed to remain in the territory of the issuing 

State after serving the sentence:
□   Yes.
□   No.

21.6.2005

EN

Official Journal of the European Union

C 150/13

1.  This European enforcement order covers ... offences in total.

Summary of facts and a description of the circumstances in which the offence(s) was (were) committed, 

including time and place; and the nature of the involvement of the sentenced person:

..................................................................................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

Nature and legal classiﬁ cation of the offence(s) and the applicable statutory provisions on the basis of 

which the decision was made: ..................................................................................................................

..................................................................................................................................................................

..................................................................................................................................................................

2. 

 To the extent that the offence(s) identiﬁ ed under point 1 above constitute(s) one or more of the following offences, 

as deﬁ ned in the law of the issuing State, which are punishable in the issuing State by a custodial sentence or 

detention order of a maximum of at least three years, please conﬁ rm by ticking the relevant box(es):

□   participation in a criminal organisation;
□   terrorism;
□   trafﬁ cking in human beings;
□   sexual exploitation of children and child pornography;
□   illicit trafﬁ cking in narcotic drugs and psychotropic substances;
□   illicit trafﬁ cking in weapons, munitions and explosives;
□   corruption;
□     fraud,  including  that  affecting  the  ﬁ nancial  interests  of  the  European  Communities  within  the
  meaning  of  the  Convention  of  26  July  1995  on  the  protection  of  the  European  Communities’ 

 ﬁ nancial interests;

□   laundering of the proceeds of crime;
□   counterfeiting currency, including of the euro;
□   computer-related crime;
□    environmental crime, including illicit trafﬁ cking in endangered animal species and in endangered 

plant species and varieties;

□   facilitation of unauthorised entry and residence;
□   murder, grievous bodily injury;
□   illicit trade in human organs and tissue;
□   kidnapping, illegal restraint and hostage-taking;
□   racism and xenophobia;

C 150/14

EN

Official Journal of the European Union

21.6.2005

□   organised or armed robbery;
□   illicit trafﬁ cking in cultural goods, including antiques and works of art;
□   swindling;
□   racketeering and extortion;
□   counterfeiting and piracy of products;
□   forgery of administrative documents and trafﬁ cking therein;
□    forgery of means of payment;
□   illicit trafﬁ cking in hormonal substances and other growth promoters;
□   illicit trafﬁ cking in nuclear or radioactive materials;
□   trafﬁ cking in stolen vehicles;
□    rape;
□   arson;
□   crimes within the jurisdiction of the International Criminal Court;
□   unlawful seizure of aircraft/ships;
□   sabotage.

3. 

 To the extent that the offence(s) identiﬁ ed under point 1 above is (are) not covered by point 2, please give 

a full description of the offence(s) concerned:

...................................................................................................................................................................

...................................................................................................................................................................

(h)  Status of the decision imposing the sentence:

1.  Conﬁ rm that:

(a) 

the decision is a ﬁ nal decision;

(b) 

 to the knowledge of the authority issuing the European enforcement order, the person concerned 

possesses the nationality of the executing State or has legal permanent residence in that State;

(c) 

 to the knowledge of the authority issuing the European enforcement order, the person concerned 

has  other  close  links  to  the  executing  State  and  has  agreed  to  the  forwarding  to  the  European 

enforcement order;

(d) 

 to the knowledge of the authority issuing the European enforcement order, a decision against the 

same person in respect of the same acts has not been delivered in the executing State and that no 

such decision delivered in any State other than the issuing State or the executing State has been 

enforced.

2. 

Indicate if the person concerned appeared personally in the proceedings:

(a)  Yes, he/she did.

(b)  No, he/she did not. It is conﬁ rmed:

that the person was informed in person, or otherwise, of the date and place of the proceedings 

which led to the decision in absentia, or that the person has indicated to a competent authority that 

he/she does not contest the decision.

21.6.2005

EN

Official Journal of the European Union

C 150/15

3.  Details of the length of the sentence:

3.1.  Total length of the sentence: .....................................................................................................................

3.2.  The sentenced person was remanded in custody for the following period: 

...................................................................................................................................................................

3.3.  The person has been in prison/serving the sentence since: .....................................................................

...................................................................................................................................................................

3.4.   Sentence remaining to be served on ... (give date: dd-mm-yyyy): ............................................................

4.  Details on the type of the sentence:

□   custodial sentence
□   detention order
□   sentence for juveniles
□   other type (to be speciﬁ ed):  ..............................................................................................................

(i) 

 Under  the  law  of  the  issuing  State  the  person  concerned  is  entitled  to  conditional  release,  having 

served

□   half the sentence
□   two-thirds of the sentence
□   another portion of the sentence

(please indicate)  .......................................................................................................................................

(j)  Opinion of the person on the transfer:

The person has initiated the transfer:

The person has agreed to the transfer:  

The person has not agreed to the transfer because: ........................................................................................

..........................................................................................................................................................................

The person could not be heard because: .........................................................................................................

..........................................................................................................................................................................

(k)  Other circumstances relevant to the case (optional information)

..........................................................................................................................................................................

..........................................................................................................................................................................

..........................................................................................................................................................................

C 150/16

EN

Official Journal of the European Union

21.6.2005

The text of the decision imposing the sentence is attached to the European enforcement order.

Signature of the issuing authority and/or its representative: .....................................................................

..................................................................................................................................................................

Name: .......................................................................................................................................................

Post held (title/grade):  ..............................................................................................................................

Date: .........................................................................................................................................................

Ofﬁ cial stamp

(if available)