Initiative of the Federal Republic of Germany and of the French Republic with a view to adopting a Council Framework Decision (2007/…/JHA) of … on the recognition and supervision of suspended sentences, alternative sanctions and conditional sentences
Date: 2007-06-30
Institutions: Germany
Subjects: alternative sentence, criminal procedure, disclosure of information, framework decision, judicial cooperation in criminal matters in the EU, penalty

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III

(Preparatory acts)

MEMBER STATES’ INITIATIVES

Initiative of the Federal Republic of Germany and of the French Republic with a view to adopting a
Council Framework Decision (2007/…/JHA) of … on the recognition and supervision of suspended
sentences, alternative sanctions and conditional sentences

(2007/C 147/01)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty on European Union, and in particu-
lar Article 31(1)(a) and (c) and Article 34(2)(b) thereof,

Having regard to the initiative of the Federal Republic of Ger-
many and of the French Republic,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

The European Union has set itself the objective of devel-
oping an area of freedom, security and justice. This pre-
supposes that there is an understanding of
freedom,
security and justice on the part of the Member States
which is identical in its essential elements and based on
the principles of freedom, democracy, respect for human
rights and fundamental freedoms, as well as the rule
of law.

(4)

The aim of police and judicial cooperation in the Euro-
pean Union is to provide a high degree of security for all
citizens. One of the cornerstones for this is the principle
of mutual recognition of judicial decisions, established in
the conclusions of the European Council held in Tampere
on 15 and 16 October 1999 and reaffirmed in the Hague
Programme of 4 and 5 November 2004 for strengthen-
ing freedom,
security and justice in the European
Union (2). In the programme of measures of 29 Novem-
ber 2000 adopted for the purpose of implementing the
principle of mutual recognition of decisions in criminal
matters, the Council pronounced itself in favour of coop-
eration in the area of suspended sentences and parole.

All the Member States have ratified the Council of Europe
Convention of 21 March 1983 on the Transfer of Sen-
tenced Persons. The Convention enables sentenced per-
sons to be transferred to the State of which they are a
national, if the States in question and the sentenced per-
son consent to the transfer. The Additional Protocol of
18 December 1997 to the Convention, which provides
for transfer without the consent of the person concerned,
has not yet been ratified by all Member States. Council
Framework Decision 2007/…/JHA of … on the applica-
tion of the principle of mutual recognition to judgments
in criminal matters imposing custodial sentences or mea-
sures involving deprivation of liberty for the purpose of
their enforcement in the European Union (3) extended the
principle of mutual recognition to the enforcement of cus-
todial sentences.

Relations between Member States, characterised by the
mutual recognition of national legal systems, also enable
recognition of a decision taken by another MemberState
in the course of criminal proceedings or enforcement. The
Council of Europe Convention of 30 November 1964 on
the Supervision of Conditionally Sentenced or Condition-
ally Released Offenders has been ratified by only 12 Mem-
ber States, with, in some cases, numerous reservations.
Council Framework Decision 2007/…/JHA is intention-
ally restricted to the transfer of sentenced persons already
in prison. More extensive cooperation between Member
States is, however, required, especially where criminal pro-
ceedings have been conducted against a person in one
Member State and a suspended sentence or alternative
sanction has been imposed, but the person concerned is
lawfully and ordinarily resident in another Member State.

(1) Opinion of … (not yet published in the Official Journal).
(2) OJ C 53, 3.3.2005, p. 1.

(3) OJ L …

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(5)

(6)

(7)

(8)

(9)

(10)

(11)

This Framework Decision respects fundamental rights and
adheres to the principles recognised in Article 6 of the
Treaty on European Union, which are also expressed in
the Charter of Fundamental Rights of the European Union,
especially in Chapter VI thereof. No provision of this
Framework Decision should be interpreted as prohibiting
refusal to recognise a judgment and/or supervise a suspen-
sory measure or alternative sanction if there are objective
indications that the suspensory measure or alternative
sanction was imposed to punish a person because of his
or her sex, race, religion, ethnic origin, nationality, lan-
guage, political convictions or sexual orientation, or that
this person might be disadvantaged for one of these
reasons.

This Framework Decision should not prevent any Mem-
berState from applying its constitutional rules relating to
entitlement to due process, freedom of association, free-
dom of the press and freedom of expression in other
media.

The provisions of this Framework Decision should be
applied in conformity with the right of the Union’s citi-
zens to move and reside freely within the territory of the
Member States, pursuant to Article 18 of the Treaty estab-
lishing the European Community.

The aim of mutual recognition and supervision of sus-
pended sentences, alternative sanctions and conditional
sentences in the executing State is to enhance the pros-
pects of the sentenced person’s being re-integrated into
society, by enabling him to preserve family, linguistic, cul-
tural and other ties, but also to improve monitoring of
compliance with suspensory measures and alternative
sanctions, with a view to preventing recidivism, thus pay-
ing due regard to the protection of victims.

To ensure the effective exchange of information concern-
ing all circumstances relevant to the suspension of sen-
tences, Member States are
encouraged to include
provisions in their national legislation enabling them to
assume the responsibility for the supervision of suspen-
sory measures and alternative sanctions to be documented
in their national registers.

Since all Member States have ratified the Council of Europe
Convention of 28 January 1981 for the Protection of Indi-
viduals with regard to Automatic Processing of Personal
Data, personal data processed when implementing this
Framework Decision should be protected in accordance
with the principles laid down in that Convention.

Since the objective of this Framework Decision, namely
laying down the rules according to which one Member
State is to supervise suspensory measures or alternative
sanctions contained in a judgment given in another Mem-
ber State, cannot be sufficiently achieved by the Member
States themselves in view of the cross-border nature of the
situations involved and can therefore, by the scale of the
action, be better achieved at Union level, the Union may

adopt measures, in accordance with the principle of sub-
sidiarity as defined in Article 5 of the Treaty establishing
the European Community and as applied by the second
paragraph of Article 2 of the Treaty on European Union.
In accordance with the principle of proportionality, as set
out in Article 5 of the Treaty establishing the European
Community, this Framework Decision does not go beyond
what is necessary in order to achieve this objective,

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Objective and scope

1.
The objective of this Framework Decision is, with a view
to facilitating the social re-integration of sentenced persons
and improving the protection of victims, to lay down the rules
according to which one Member State supervises suspensory
measures imposed on the basis of a judgment which was issued
in another Member State, or alternative sanctions contained in
such a judgment and takes all other decisions relating to the
execution of that judgment,
insofar as this falls within its
competence.

2.
This Framework Decision shall apply only to the recogni-
tion of judgments and the transfer of responsibility for the super-
vision of suspensory measures and alternative sanctions and all
other judicial decisions provided for in this Framework Decision.
This Framework Decision shall not apply to the execution of
judgments in criminal cases imposing custodial sentences or mea-
sures involving deprivation of liberty which fall within the scope
of Council Framework Decision 2007/…/JHA. Recognition and
execution of financial penalties and confiscation orders are gov-
erned by the legal instruments applicable between Member States,
in particular Council Framework Decision 2005/214/JHA of
24 February 2005 on the application of the principle of mutual
recognition to financial penalties (1) and Council Framework
Decision 2006/783/JHA of 6 October 2006 on the application
of the principle of mutual recognition to confiscation orders (2).

Article 2

Definitions

For the purposes of this Framework Decision:

(a)

‘judgment’ shall mean a final decision or order of a court of
the issuing State imposing on a natural person:

(i)

a suspended sentence;

(1) OJ L 76, 22.3.2005, p. 16.
(2) OJ L 328, 24.11.2006, p. 59.

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(ii) an alternative sanction; or

(iii) a conditional sentence;

The General Secretariat of the Council shall make the infor-
2.
mation received available to all Member States and to the
Commission.

(b)

‘suspended sentence’ shall mean a custodial sentence or any
measure involving deprivation of liberty the execution of
which is conditionally suspended, wholly or in part:

Article 5

Types of suspensory measures and alternative sanctions

(i) when the sentence is passed; or

(ii) after part of the custodial sentence or measure involv-
ing deprivation of liberty has been served (conditional
release/parole);

1.
A judgment that contains one or more of the following
suspensory measures or alternative sanctions may be transferred
to another Member State, in which the sentenced person is law-
fully and ordinarily resident, for the purpose of recognition and
supervision of those measures and sanctions:

‘alternative sanction’ shall mean an obligation or instruction,
imposed as an independent sanction, which is not a custo-
dial sentence, a measure involving deprivation of liberty or
a financial penalty;

(a) an obligation for the sentenced person to inform the com-
petent authority in the executing State of any change of
residence;

‘conditional sentence’ shall mean a decision by a court in
which the imposition of a sentence has been conditionally
suspended by imposing one or more suspensory measures;

(b) an obligation not to leave or enter certain localities in the
issuing or executing State without permission, and other
orders relating to life-style, residence, education and train-
ing, professional activity or leisure activities;

‘suspensory measures’ shall mean obligations and instruc-
tions imposed on a natural person, in accordance with the
national legislation of the issuing State, in connection with
a suspended sentence or a conditional sentence;

(c) an obligation to report at specified times to the competent
authority in the executing State or to another authority in
the executing State;

(c)

(d)

(e)

(f)

‘issuing State’ shall mean the MemberState in which a judg-
ment, as defined in point (a), has been issued;

(d) an obligation to avoid contact with persons and objects
which could form an incitement to commit further offences;

(g)

‘executing State’ shall mean the Member State in which the
suspensory measures and alternative sanctions are super-
vised and in which all other decisions relating to the execu-
tion of the judgment are taken, insofar as it has assumed
competence to do so.

Article 3

Fundamental rights

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 Euro-
pean Union.

Article 4

Designation of competent authorities

(e) an obligation to compensate for the prejudice caused by the

offence;

(f)

an obligation to carry out community service;

(g) an obligation to cooperate with a probation officer;

(h) an obligation to undergo therapeutic treatment or treatment

for addiction.

2.
Each Member State shall notify the General Secretariat of
the Council, when transposing this Framework Decision, which
suspensory measures and alternative sanctions, apart from those
referred to in paragraph 1, it is prepared to supervise. The Gen-
eral Secretariat of
the Council shall make the information
received available to all Member States and to the Commission.

1.
Each Member State shall inform the General Secretariat of
the Council which judicial authority or authorities, under its
national legislation, are competent to act according to this Frame-
work Decision in the situation where that Member State is the
issuing State or the executing State.

3.
Apart from the measures and sanctions referred to in para-
graph 1, the certificate referred to in Article 6 shall include only
such measures or sanctions as notified by the executing State
concerned in accordance with paragraph 2.

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Article 6

Procedure for forwarding the judgment and a certificate

1.
The judgment or a certified copy of it, together with a cer-
tificate, the standard form for which is set out in Annex I, shall
be forwarded by the competent judicial authority in the issuing
State directly to the competent judicial authority in the execut-
ing State by any means which leaves a written record under con-
ditions allowing the executing State to establish their authenticity.
The original of the judgment, or a certified copy of it, and the
original of the certificate, shall be sent to the executing State if it
so requires. All official communications shall also be made
directly between the said competent judicial authorities.

The certificate shall be signed, and its content certified as
2.
accurate, by the competent judicial authority in the issuing State.

3.
The competent judicial authority in the issuing State shall
forward the judgment together with the certificate only to one
executing State at any one time.

4.
If the competent judicial authority in the executing State is
not known to the competent judicial 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 of 29 June 1998 on the cre-
ation of a European Judicial Network (1), in order to obtain the
information from the executing State.

5. When a judicial authority in the executing State which
receives a judgment together with a certificate has no compe-
tence to recognise it, it shall, ex officio, forward the judgment
together with the certificate to the competent judicial authority.
That competent judicial authority in the executing State shall
immediately inform the competent judicial authority in the issu-
ing State, by any means which leaves a written record, that the
judgment and the certificate have been forwarded to it.

Article 7

Decision of the executing State

If the nature or duration of the suspensory measures or
2.
alternative sanctions are incompatible with the statutory provi-
sions of the executing State, the competent judicial authority in
that State may adapt them in line with the suspensory measures
and alternative sanctions which are provided for, under the law
of the executing State, for offences of the same kind. The adapted
suspensory measure or alternative sanction shall correspond as
far as possible to that imposed in the issuing State.

The adapted suspensory measure or alternative sanction
3.
shall not be more severe than the suspensory measure or alter-
native sanction which was originally imposed.

Article 8

Dual criminality

The following offences, if they are punishable in the issu-
1.
ing State by a custodial sentence or a measure involving depriva-
tion of liberty 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 of
the judgment and supervision of suspensory measures and alter-
native sanctions:

— participation in a criminal organisation,

— terrorism,

— trafficking in human beings,

— sexual exploitation of children and child pornography,

— illicit

trafficking in narcotic drugs and psychotropic

substances,

— illicit trafficking in weapons, munitions and explosives,

— corruption,

— fraud, including that affecting the financial interests of the
European Communities within the meaning of the Conven-
tion of 26 July 1995 on the protection of the European
Communities’ financial interests (2),

— laundering of the proceeds of crime,

— ounterfeiting currency, including of the euro,

— computer-related crime,

1.
The competent judicial authority in the executing State shall
recognise the judgment forwarded in accordance with the proce-
dure laid down in Article 6 and immediately take all necessary
measures for the supervision of the suspensory measures and
alternative sanctions, unless it decides to invoke one of the
grounds for refusing to recognise and take over supervision of
the judgment referred to in Article 9.

— environmental crime, including illicit trafficking in endan-
gered animal species and in endangered plant species
and varieties,

— facilitation of unauthorised entry and residence,

— murder, grievous bodily injury,

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

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

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— illicit trade in human organs and tissue,

Article 9

— 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,

— unlawful seizure of aircraft/ships,

— sabotage.

2.
The Council may decide to add other categories of offences
to the list in paragraph 1 at any time, acting unanimously after
consultation of the European Parliament under the conditions
laid down in Article 39(1) of the Treaty on European Union. The
Council shall examine, in the light of the report submitted to it
pursuant to Article 21(3) of this Framework Decision, whether
the list should be extended or amended.

For offences other than those covered by paragraph 1, the
3.
executing State may make the recognition of the judgment and
supervision of suspensory measures and alternative sanctions
subject to the condition that the judgment relates to acts which
also constitute an offence under the law of the executing State,
whatever the constituent elements or however it is described.

Grounds for refusing recognition and supervision

The competent judicial authority in the executing State may
1.
refuse to recognise the judgment and to assume responsibility for
supervising suspensory measures and alternative sanctions if:

(a)

the certificate referred to in Article 6 is incomplete or obvi-
ously does not correspond to the judgment and is not com-
pleted or corrected within a reasonable period set by the
competent judicial authority in the executing State;

(b)

the criteria laid down in Article 5 are not met;

(c)

(d)

recognition of the judgment and assumption of responsibil-
ity for supervising suspensory measures and alternative sanc-
tions would contravene the ne bis in idem principle;

the judgment relates, in the cases referred to in Article 8(3),
to an act which would not constitute an offence under the
law of the executing State; in tax, customs and currency mat-
ters, however, execution of the judgment may not be refused
on the grounds that the law of the executing State does not
prescribe any taxes of the same kind or does not contain
any tax, customs or currency provisions of the same kind as
the law of the issuing State;

(e) prosecution, or the execution of a sentence,

is already
statute-barred under the law of the executing State and
relates to an act which falls within the competence of the
executing State under its national law;

(f)

(g)

(h)

(i)

(j)

there is immunity under the law of the executing State,
which makes it impossible to supervise suspensory measures
or alternative sanctions;

if, under the law of the executing State, the sentenced per-
son cannot, because of his age, be held criminally respon-
sible for the act on which the judgment is based;

the judgment was rendered in absentia, unless the certificate
states that the person was summoned personally or informed
via a representative competent according to the national law
of the issuing State, of the time and place of the proceed-
ings which resulted in the judgment being rendered in absen-
tia, or that the person has indicated to a competent authority
that he or she does not contest the case;

the judgment provides for medical/therapeutic treatment
which, notwithstanding the provisions of Article 7(2),
the executing State is unable to supervise in view of its legal
or healthcare system; or

in the case referred to in Article 13(1), no agreement can be
reached on adaptation of suspensory measures or alterna-
tive sanctions.

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Before the competent judicial authority in the executing
2.
State decides, in the cases referred to in paragraph 1, to refuse to
recognise the judgment and to assume responsibility for super-
vising suspensory measures and alternative sanctions, it shall
communicate, by appropriate means, with the competent judi-
cial authority in the issuing State and, as necessary, request the
latter immediately to supply all additional information required.

3. When transposing this Framework Decision, any Member
State may indicate that as executing State it may, in individual
cases, refuse to assume responsibility provided for in para-
graph 1. In these cases, the decision shall be taken and notifica-
tion effected in accordance with the procedure laid down in
Article 10. This shall not affect the obligation laid down in
Article 7(1).

Article 10

Time limits

Article 13

Consultations between the competent judicial authorities

1.
The competent judicial authority in the executing State shall
decide, within 10 days after receipt of the judgment and the cer-
tificate, whether to recognise the judgment and assume respon-
sibility for supervising the suspensory measures and alternative
sanctions. It shall immediately inform the competent judicial
authority in the issuing State, by any means which leaves a writ-
ten record, of its decision. Reasons must be given for refusing to
recognise the judgment and for refusing to assume responsibil-
ity for supervision.

2.
If it is not possible, in a specific case, for the competent
judicial authority in the executing State to comply with the time-
limit laid down in paragraph 1, it shall immediately inform the
competent judicial authority in the issuing State, by any means
of its choosing, giving reasons for the delay and indicating how
long it expects to take to issue a final decision.

Article 11

Law governing supervision

The supervision of suspensory measures and alternative sanc-
tions shall be governed by the law of the executing State.

1.
If the competent judicial authority in the executing State
intends to make adaptations as provided for in Article 7(2)
and (3), it shall first consult the competent judicial authority in
the issuing State on the adapted suspensory measures or alterna-
tive sanction.

2. When forwarding the judgment and the certificate as pro-
vided for in Article 6, the competent judicial authority in the
issuing State may waive the consultations referred to in para-
graph 1. In that case, any adaptations made by the competent
judicial authority in the executing State in accordance with
Article 7(2) and (3) shall subsequently be notified to the compe-
tent judicial authority of the issuing State.

Article 14

Obligations of the authorities involved where the
executing State has jurisdiction for all further decisions

1.
The competent judicial authority in the executing State shall
immediately inform the competent judicial authority in the issu-
ing State, by any means which leaves a written record, of all deci-
sions with immediate or suspensive effect relating to:

Article 12

sanction;

(a) modification of the suspensory measures or alternative

Competence to take all subsequent decisions and
governing law

(b)

revocation of the suspension of the sentence;

1.
The competent judicial authority in the executing State shall
have jurisdiction to take all subsequent decisions relating to the
suspended sentence, alternative sanction or conditional sentence,
such as the modification of suspensory measures, the revocation
of suspension, sentencing in the case of a conditional sentence,
or remission. The law of the executing State shall apply to the
aforementioned decisions and to all subsequent consequences of
the judgment.

2.
The competent judicial authority in the issuing State may
reserve competence to take all subsequent decisions relating
to conditional sentences. In this case the law of the issuing State
shall apply to all subsequent consequences of the judgment.

(c)

imposition of a sentence in the case of a conditional
sentence;

(d)

lapsing of the suspensory measures or alternative sanction.

2.
The competent judicial authority in the issuing State shall
immediately inform the competent judicial authority in the
executing State, by any means which leaves a written record, of
any circumstances or findings which, in its opinion, could entail
revocation of the suspension of the sentence or modification of
the suspensory measures or alternative sanction.

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Article 15

Obligations of the authorities involved where the issuing
State has jurisdiction for all further decisions

In the event of the imposition of a sentence or the revoca-
5.
tion of the suspension of a sentence, the competent judicial
authority of the issuing State shall at the same time inform the
competent judicial authority of the executing State whether it
intends to forward to the executing State:

If the competent judicial authority in the issuing State has
1.
jurisdiction for all
in accordance with
further decisions
Article 12(2) and (3), the competent judicial authority in the
executing State shall immediately notify it of:

(a) a judgment and certificate as provided for in Council Frame-
work Decision 2007/…/JHA for the purpose of taking over
responsibility for enforcement of the measure involving dep-
rivation of liberty; or

(a) any breach of a suspensory measure or alternative sanction;

and

(b) any finding which:

(i)

is liable to entail modification of the suspensory mea-
sures or alternative sanction;

(ii)

is relevant to the imposition of a sentence in the case
of a conditional sentence; or

(b) a European arrest warrant for the purpose of surrender of
the sentenced person in accordance with Council Frame-
work Decision 2002/584/JHA of 13 June 2002 on the Euro-
pean arrest warrant and the surrender procedures between
Member States (2).

6.
If the obligation to execute suspensory measures or alter-
native sanctions has lapsed, the competent authority of the
executing State shall end the measures ordered as soon as it has
been duly notified by the competent authority of the issuing
State.

Article 16

Amnesty and pardon

(iii) could result in revocation of the suspension of the

sentence.

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

Notice shall be given using the standard form set out in

2.
Annex II.

Article 17

End of jurisdiction of the executing State

3.
Before a decision is taken on the imposition of a sentence
in the case of a conditional sentence or on the revocation of the
suspension of a sentence, the sentenced person must be given a
judicial hearing. If appropriate, this requirement may be met
according to the procedure provided for in Article 10 of the Con-
vention of 29 May 2000 on Mutual Assistance in Criminal Mat-
ters between the Member States of the European Union (1).

If the sentenced person leaves the executing State and establishes
his or her lawful and ordinary residence in another Member State,
the competent judicial authority of the executing State shall trans-
fer jurisdiction in respect of the supervision of the suspensory
measures and alternative sanctions and in respect of all further
decisions relating to the execution of the judgment to the com-
petent judicial authority of the issuing State.

4.
The competent judicial authority in the issuing State shall
immediately inform the competent judicial authority in the
executing State of all decisions with immediate or suspensive
effect relating to:

(a) modification of the suspensory measures or alternative

sanction;

(b)

revocation of the suspension of sentence;

(c)

imposition of a sentence in the case of a conditional
sentence;

Article 18

Languages

Certificates 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 declaration deposited with the General Sec-
retariat of the Council that it will accept a translation in one or
more other official languages of the Institutions of the European
Union.

Article 19

Costs

(d)

lapsing of the suspensory measures or alternative sanction.

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

(1) OJ C 197, 12.7.2000, p. 3.

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

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Article 20

Relationship with other agreements and arrangements

Article 21

Implementation

1.
This Framework Decision shall, in relations between the
Member States, from … replace the corresponding provisions of
the Council of Europe Convention on the Supervision of Condi-
tionally Sentenced or Conditionally Released Offenders.

2. Member States may continue to apply bilateral or multilat-
eral 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 to sim-
plify or facilitate further the procedures for the supervision of
suspensory measures and alternative sanctions.

3. Member States may conclude bilateral or multilateral agree-
ments or arrangements after this Framework Decision has come
into force in so far as such agreements or arrangements allow
the prescriptions of this Framework Decision to be extended or
enlarged and help to simplify or facilitate further the procedures
for the supervision of suspensory measures and alternative
sanctions.

1. Member States shall take the necessary measures to com-
ply with this Framework Decision by ….

2. Member States shall transmit to the General Secretariat of
the Council and to the Commission the text of the provisions
transposing into their national law the obligations imposed on
them under this Framework Decision. On the basis of a report
established by the Commission taking account of the informa-
tion thus provided, the Council shall, no later than … assess the
extent to which Member States have complied with this Frame-
work Decision.

3.
An evaluation of the provisions of this Framework Deci-
sion, in particular of their application in practice, shall be car-
ried out before ….

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.

4. Member States shall, within three months from the entry
into force of this Framework Decision, notify the Council and
the Commission of the existing agreements and arrangements
referred to in paragraph 1 which they wish to continue apply-
ing. Member States shall also notify the Council and the Com-
mission of any new agreement or arrangement as referred to in
paragraph 2, within three months of signing it.

…

For the Council
The President
…

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ANNEX I

CERTIFICATE

pursuant to Article 6 of the Council Framework Decision 2007/…/JHA of … on the recognition and
supervision of suspended sentences, alternative sanctions and conditional sentences

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Official Journal of the European Union

C 147/11

C 147/12

EN

Official Journal of the European Union

30.6.2007

30.6.2007

EN

Official Journal of the European Union

C 147/13

C 147/14

EN

Official Journal of the European Union

30.6.2007

30.6.2007

EN

Official Journal of the European Union

C 147/15

ANNEX II

FORM

pursuant to Article 15 of Council Framework Decision 2007/…/JHA of … on the recognition and supervision
of suspended sentences, alternative sanctions and conditional sentences

C 147/16

EN

Official Journal of the European Union

30.6.2007