CELEX: 32009D0316
Language: en
Date: 2009-04-06 00:00:00
Title: Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA

7.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 93/33
            
         
      COUNCIL DECISION 2009/316/JHA
   of 6 April 2009
   on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,
   Having regard to the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (1), and in particular Article 11(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (2),
   Whereas:
   
               (1)
            
            
               Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety in the area of freedom, security and justice. This objective presupposes the systematic exchange between the competent authorities of the Member States of information extracted from criminal records in a way that would guarantee its common understanding and the efficiency of such exchange.
            
         
               (2)
            
            
               Information on convictions handed down against Member States' nationals by other Member States does not circulate efficiently on the current basis of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. Therefore, there is a need for more efficient and accessible procedures of exchange of such information at European Union level.
            
         
               (3)
            
            
               The need to improve the exchange of information on convictions was prioritised in the European Council Declaration on Combating Terrorism of 25 and 26 March 2004 and was subsequently reiterated in the Hague Programme (3) and in the Action Plan (4) on its implementation. Furthermore, the computerised interconnection of criminal records at European Union level was recognised as a political priority by the European Council in its Conclusions of 21 and 22 June 2007.
            
         
               (4)
            
            
               The computerised interconnection of criminal records is part of the E-Justice project, which was acknowledged as a priority by the European Council several times in 2007.
            
         
               (5)
            
            
               A pilot project is currently being developed with a view to interconnecting criminal records. Its achievements constitute a valuable basis for further work on computerised exchange of information at the European Union level.
            
         
               (6)
            
            
               This Decision aims to implement Framework Decision 2009/315/JHA in order to build and develop a computerised system of exchange of information on convictions between Member States. Such a system should be capable of communicating information on convictions in a form which is easily understandable. Therefore, a standardised format allowing information to be exchanged in a uniform, electronic and easily computer-translatable way as well as any other means of organising and facilitating electronic exchanges of information on convictions between central authorities of Member States should be set up.
            
         
               (7)
            
            
               This Decision is based on the principles established by Framework Decision 2009/315/JHA and applies and supplements those principles from a technical standpoint.
            
         
               (8)
            
            
               The categories of data to be entered into the system, the purposes for which the data is to be entered, the criteria for its entry, the authorities permitted to access the data, and some specific rules on protection of personal data are defined in the Framework Decision 2009/315/JHA.
            
         
               (9)
            
            
               Neither this Decision nor Framework Decision 2009/315/JHA establishes any obligation to exchange information about non-criminal rulings.
            
         
               (10)
            
            
               Since the objective of this Decision is not to harmonise national systems of criminal records there is no obligation for a convicting Member State to change its internal system of criminal records as regards the use of information for domestic purposes.
            
         
               (11)
            
            
               The European Criminal Records System (ECRIS) is a decentralised information technology system. The criminal records data should be stored solely in databases operated by Member States, and there should be no direct online access to criminal records databases of other Member States. Member States should bear the responsibility for the operation of national criminal records databases and for the efficient exchanges of information between themselves. The common communication infrastructure of ECRIS should be initially the Trans European Services for Telematics between Administrations (S-TESTA) network. All expenditure concerning the common communication infrastructure should be covered by the general budget of the European Union.
            
         
               (12)
            
            
               The reference tables of categories of offences and categories of penalties and measures provided for in this Decision should facilitate the automatic translation and should enable the mutual understanding of the information transmitted by using a system of codes. The content of the tables is the result of the analysis of the needs of all 27 Member States. That analysis took into account the pilot project categorisation and the results of the clustering exercise of various national offences and penalties and measures. Moreover, in case of the table of offences, it also took into consideration the existing harmonised common definitions on the European and international level as well as the Eurojust and Europol data models.
            
         
               (13)
            
            
               In order to ensure the mutual understanding and transparency of the common categorisation, each Member State should submit the list of national offences and penalties and measures falling in each category referred to in the respective table. Member States may provide a description of offences and penalties and measures and, given the usefulness of such description, they should be encouraged to do so. Such information should be made accessible to Member States.
            
         
               (14)
            
            
               The reference tables of categories of offences and categories of penalties and measures provided for in this Decision are not designed to set up legal equivalences between offences and penalties and measures existing at national level. They are a tool aimed at helping the recipient to gain better understanding of the fact(s) and type of penalty(ies) or measure(s) contained in the information transmitted. The accuracy of the codes mentioned cannot be fully guaranteed by the Member State supplying the information and it should not preclude the competent authorities in the receiving Member State from interpreting the information.
            
         
               (15)
            
            
               The reference tables of categories of offences and categories of penalties and measures should be revised and updated in accordance with the procedure for the adoption of implementing measures for decisions provided for in the Treaty on European Union.
            
         
               (16)
            
            
               Members States and the Commission should inform and consult one another within the Council in accordance with the modalities set out in the Treaty on European Union, with a view to drawing up a non-binding manual for practitioners which should address the procedures governing the exchange of information, in particular modalities of identification of offenders, common understanding of the categories of offences and penalties and measures, and explanation of problematic national offences and penalties and measures, and ensuring the coordination necessary for the development and operation of ECRIS.
            
         
               (17)
            
            
               In order to accelerate the development of ECRIS, the Commission should adopt a number of technical measures to assist Member States in preparing the technical infrastructure for interconnecting their criminal records databases. The Commission may provide reference implementation software, namely appropriate software enabling Member States to make this interconnection, which they may choose to apply instead of their own interconnection software implementing a common set of protocols enabling the exchange of information between criminal records databases.
            
         
               (18)
            
            
               Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (5) should apply in the context of computerised exchange of information extracted from criminal records of Member States, providing for an adequate level of data protection when information is exchanged between Member States, whilst allowing for Member States to require higher standards of protection to national data processing.
            
         
               (19)
            
            
               Since the objective of this Decision, namely the development of a computerised system for the exchange of information on convictions between Member States, cannot be adequately achieved by the Member States unilaterally, and can therefore, by reason of the necessity for coordinated action in the European Union, be better achieved at the level of the European Union, the Council may adopt measures, in accordance with the principle of subsidiarity referred to in Article 2 of the Treaty on European Union and set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve that objective.
            
         
               (20)
            
            
               This Decision respects fundamental rights and observes the principles recognised in particular by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,
            
         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   This Decision establishes the European Criminal Records Information System (ECRIS).
   This Decision also establishes the elements of a standardised format for the electronic exchange of information extracted from criminal records between the Member States, in particular as regards information on the offence giving rise to the conviction and information on the content of the conviction, as well as other general and technical implementation means related to organising and facilitating the exchange of information.
   Article 2
   Definitions
   For the purposes of this Decision, the definitions laid down in Framework Decision 2009/315/JHA shall apply.
   Article 3
   European Criminal Records Information System (ECRIS)
   1.   ECRIS is a decentralised information technology system based on the criminal records databases in each Member State. It is composed of the following elements:
   
               (a)
            
            
               an interconnection software built in compliance with a common set of protocols enabling the exchange of information between Member States' criminal records databases;
            
         
               (b)
            
            
               a common communication infrastructure that provides an encrypted network.
            
         2.   This Decision is not aimed at establishing any centralised criminal records database. All criminal records data shall be stored solely in databases operated by the Member States.
   3.   Central authorities of the Member States referred to in Article 3 of Framework Decision 2009/315/JHA shall not have direct online access to criminal records databases of other Member States. The best available techniques identified together by Member States with the support of the Commission shall be employed to ensure the confidentiality and integrity of criminal records information transmitted to other Member States.
   4.   The interconnection software and databases storing, sending and receiving information extracted from criminal records shall operate under the responsibility of the Member State concerned.
   5.   The common communication infrastructure shall be the S-TESTA communications network. Any further developments thereof or any alternative secure network shall ensure that the common communication infrastructure in place continues to meet the conditions set out in paragraph 6.
   6.   The common communication infrastructure shall be operated under the responsibility of the Commission, and shall fulfil the security requirements and thoroughly respond to the needs of ECRIS.
   7.   In order to ensure the efficient operation of ECRIS, the Commission shall provide general support and technical assistance, including the collection and drawing up of statistics referred to in Article 6(2)(b)(i) and the reference implementation software.
   8.   Notwithstanding the possibility of using the European Union financial programmes in accordance with the applicable rules, each Member State shall bear its own costs arising from the implementation, administration, use and maintenance of its criminal records database and the interconnection software referred to in paragraph 1.
   The Commission shall bear the costs arising from the implementation, administration, use, maintenance and future developments of the common communication infrastructure of ECRIS, as well as the implementation and future developments of the reference implementation software.
   Article 4
   Format of transmission of information
   1.   When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the name or legal classification of the offence and to the applicable legal provisions, Member States shall refer to the corresponding code for each of the offences referred to in the transmission, as provided for in the table of offences in Annex A. By way of exception, where the offence does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of offences or, in the absence of the latter, an ‘other offences’ code, shall be used for that particular offence.
   Member States may also provide available information relating to the level of completion and the level of participation in the offence and, where applicable, to the existence of total or partial exemption from criminal responsibility or to recidivism.
   2.   When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the contents of the conviction, notably the sentence as well as any supplementary penalties, security measures and subsequent decisions modifying the enforcement of the sentence, Member States shall refer to the corresponding code for each of the penalties and measures referred to in the transmission, as provided for in the table of penalties and measures in Annex B. By way of exception, where the penalty or measure does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of penalties and measures or, in the absence of the latter, an ‘other penalties and measures’ code, shall be used for that particular penalty or measure.
   Member States shall also provide, where applicable, available information relating to the nature and/or conditions of execution of the penalty or measure imposed as provided for in the parameters of Annex B. The parameter ‘non-criminal ruling’ shall be indicated only in cases where information on such a ruling is provided on a voluntary basis by the Member State of nationality of the person concerned, when replying to a request for information on convictions.
   Article 5
   Information on national offences and penalties and measures
   1.   The following information shall be provided by the Member States to the General Secretariat of the Council, with a view in particular to drawing up the non-binding manual for practitioners referred to in Article 6(2)(a):
   
               (a)
            
            
               the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provisions. It may also include a short description of the constitutive elements of the offence;
            
         
               (b)
            
            
               the list of types of sentences, possible supplementary penalties and security measures and possible subsequent decisions modifying the enforcement of the sentence as defined in national law, in each of the categories referred to in the table of penalties and measures in Annex B. It may also include a short description of the specific penalty or measure.
            
         2.   The lists and descriptions referred to in paragraph 1 shall be regularly updated by Member States. Updated information shall be sent to the General Secretariat of the Council.
   3.   The General Secretariat of the Council shall communicate to the Member States and to the Commission the information received pursuant to this Article.
   Article 6
   Implementing measures
   1.   The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt any modifications of Annexes A and B as may be necessary.
   2.   The representatives of the relevant departments of the administrations of the Member States and the Commission shall inform and consult one another within the Council with a view to:
   
               (a)
            
            
               drawing up a non-binding manual for practitioners setting out the procedure for the exchange of information through ECRIS, addressing in particular the modalities of identification of offenders, as well as recording the common understanding of the categories of offences and penalties and measures listed respectively in Annexes A and B;
            
         
               (b)
            
            
               coordinating their action for the development and operation of ECRIS, concerning in particular:
               
                           (i)
                        
                        
                           the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;
                        
                     
                           (ii)
                        
                        
                           the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;
                        
                     
                           (iii)
                        
                        
                           the establishment of procedures verifying the conformity of the national software applications with the technical specifications.
                        
                     
         Article 7
   Report
   The Commission services shall regularly publish a report concerning the exchange, through ECRIS, of information extracted from the criminal record based in particular on the statistics referred to in Article 6(2)(b)(i). This report shall be published for the first time one year after submitting the report referred to in Article 13(3) of Framework Decision 2009/315/JHA.
   Article 8
   Implementation and time limits
   1.   Member States shall take the necessary measures to comply with the provisions of this Decision by 7 April 2012.
   2.   Member States shall use the format specified in Article 4 and comply with the means of organising and facilitating exchanges of information laid down in this Decision from the date notified in accordance with Article 11(6) of Framework Decision 2009/315/JHA.
   Article 9
   Taking of effect
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
   
      Done at Luxembourg, 6 April 2009.
      
         
            For the Council
         
         
            The President
         
         J. POSPÍŠIL
         
      
   
   
      (1)  See page 23 of this Official Journal.
   
      (2)  Opinion delivered on 9 October 2008 (not yet published in the Official Journal).
   
      (3)  OJ C 53, 3.3.2005, p. 1.
   
      (4)  OJ C 198, 12.8.2005, p. 1.
   
      (5)  OJ L 350, 30.12.2008, p. 60.
   
      ANNEX A
      
         Common table of offences categories referred to in Article 4
      
      
                  
                     Parameters
                  
               
            
                  Level of completion:
               
               
                  Completed act
               
               
                  C
               
            
                  Attempt or preparation
               
               
                  A
               
            
                  Non-transmitted element
               
               
                  Ø
               
            
                  Level of participation:
               
               
                  Perpetrator
               
               
                  M
               
            
                  Aider and abettor or instigator/organiser, conspirator
               
               
                  H
               
            
                  Non-transmitted element
               
               
                  Ø
               
            
                  Exemption from criminal responsibility:
               
               
                  Insanity or diminished responsibility
               
               
                  S
               
            
                  
                     Recidivism
                  
               
               
                  R
               
            
         
      
                  Code
               
               
                  Categories and sub-categories of offences
               
            
                  0100 00
                  open category
               
               
                  
                     Crimes within the jurisdiction of the International Criminal Court
                  
               
            
                  0101 00
               
               
                  Genocide
               
            
                  0102 00
               
               
                  Crimes against humanity
               
            
                  0103 00
               
               
                  War crimes
               
            
                  0200 00
                  open category
               
               
                  
                     Participation in a criminal organisation
                  
               
            
                  0201 00
               
               
                  Directing a criminal organisation
               
            
                  0202 00
               
               
                  Knowingly taking part in the criminal activities of a criminal organisation
               
            
                  0203 00
               
               
                  Knowingly taking part in the non-criminal activities of a criminal organisation
               
            
                  0300 00
                  open category
               
               
                  
                     Terrorism
                  
               
            
                  0301 00
               
               
                  Directing a terrorist group
               
            
                  0302 00
               
               
                  Knowingly participating in the activities of a terrorist group
               
            
                  0303 00
               
               
                  Financing of terrorism
               
            
                  0304 00
               
               
                  Public provocation to commit a terrorist offence
               
            
                  0305 00
               
               
                  Recruitment or training for terrorism
               
            
                  0400 00
                  open category
               
               
                  
                     Trafficking in human beings
                  
               
            
                  0401 00
               
               
                  Trafficking in human beings for the purposes of labour or services exploitation
               
            
                  0402 00
               
               
                  Trafficking in human beings for the purposes of the exploitation of the prostitution of others or other forms of sexual exploitation
               
            
                  0403 00
               
               
                  Trafficking in human beings for the purposes of organ or human tissue removal
               
            
                  0404 00
               
               
                  Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude
               
            
                  0405 00
               
               
                  Trafficking in human beings for the purposes of labour or services exploitation of a minor
               
            
                  0406 00
               
               
                  Trafficking in human beings for the purposes of the exploitation of the prostitution of minors or other forms of their sexual exploitation
               
            
                  0407 00
               
               
                  Trafficking in human beings for the purposes of organ or human tissue removal of a minor
               
            
                  0408 00
               
               
                  Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude of a minor
               
            
                  0500 00
                  open category
               
               
                  
                     Illicit trafficking (1) and other offences related to weapons, firearms, their parts and components, ammunition and explosives
                  
               
            
                  0501 00
               
               
                  Illicit manufacturing of weapons, firearms, their parts and components, ammunition and explosives
               
            
                  0502 00
               
               
                  Illicit trafficking of weapons, firearms, their parts and components ammunition and explosives at national level (2)
                  
               
            
                  0503 00
               
               
                  Illicit exportation or importation of weapons, firearms, their parts and components, ammunition and explosives
               
            
                  0504 00
               
               
                  Unauthorised possession or use of weapons, firearms, their parts and components, ammunition and explosives
               
            
                  0600 00
                  open category
               
               
                  
                     Environmental crime
                  
               
            
                  0601 00
               
               
                  Destroying or damaging protected fauna and flora species
               
            
                  0602 00
               
               
                  Unlawful discharges of polluting substances or ionising radiation into air, soil or water
               
            
                  0603 00
               
               
                  Offences related to waste, including hazardous waste
               
            
                  0604 00
               
               
                  Offences related to illicit trafficking (1) in protected fauna and flora species or parts thereof
               
            
                  0605 00
               
               
                  Unintentional environmental offences
               
            
                  0700 00
                  open category
               
               
                  
                     Offences related to drugs or precursors, and other offences against public health
                  
               
            
                  0701 00
               
               
                  Offences related to illicit trafficking (3) in narcotic drugs, psychotropic substances and precursors not exclusively for own personal consumption
               
            
                  0702 00
               
               
                  Illicit consumption of drugs and their acquisition, possession, manufacture or production exclusively for own personal consumption
               
            
                  0703 00
               
               
                  Aiding or inciting others to use narcotic drugs or psychotropic substances illicitly
               
            
                  0704 00
               
               
                  Manufacture or production of narcotic drugs not exclusively for personal consumption
               
            
                  0800 00
                  open category
               
               
                  
                     Crimes against the person
                  
               
            
                  0801 00
               
               
                  Intentional killing
               
            
                  0802 00
               
               
                  Aggravated cases of intentional killing (4)
                  
               
            
                  0803 00
               
               
                  Unintentional killing
               
            
                  0804 00
               
               
                  Intentional killing of a new-born by his/her mother
               
            
                  0805 00
               
               
                  Illegal abortion
               
            
                  0806 00
               
               
                  Illegal euthanasia
               
            
                  0807 00
               
               
                  Offences related to committing suicide
               
            
                  0808 00
               
               
                  Violence causing death
               
            
                  0809 00
               
               
                  Causing grievous bodily injury, disfigurement or permanent disability
               
            
                  0810 00
               
               
                  Unintentionally causing grievous bodily injury, disfigurement or permanent disability
               
            
                  0811 00
               
               
                  Causing minor bodily injury
               
            
                  0812 00
               
               
                  Unintentionally causing minor bodily injury
               
            
                  0813 00
               
               
                  Exposing to danger of loss of life or grievous bodily injury
               
            
                  0814 00
               
               
                  Torture
               
            
                  0815 00
               
               
                  Failure to offer aid or assistance
               
            
                  0816 00
               
               
                  Offences related to organ or tissue removal without authorisation or consent
               
            
                  0817 00
               
               
                  Offences related to illicit trafficking (3) in human organs and tissue
               
            
                  0818 00
               
               
                  Domestic violence or threat
               
            
                  0900 00
                  open category
               
               
                  
                     Offences against personal liberty, dignity and other protected interests, including racism and xenophobia
                  
               
            
                  0901 00
               
               
                  Kidnapping, kidnapping for ransom, illegal restraint
               
            
                  0902 00
               
               
                  Unlawful arrest or deprivation of liberty by public authority
               
            
                  0903 00
               
               
                  Hostage-taking
               
            
                  0904 00
               
               
                  Unlawful seizure of an aircraft or ship
               
            
                  0905 00
               
               
                  Insults, slander, defamation, contempt
               
            
                  0906 00
               
               
                  Threats
               
            
                  0907 00
               
               
                  Duress, pressure, stalking, harassment or aggression of a psychological or emotional nature
               
            
                  0908 00
               
               
                  Extortion
               
            
                  0909 00
               
               
                  Aggravated extortion
               
            
                  0910 00
               
               
                  Illegal entry into private property
               
            
                  0911 00
               
               
                  Invasion of privacy other than illegal entry into private property
               
            
                  0912 00
               
               
                  Offences against protection of personal data
               
            
                  0913 00
               
               
                  Illegal interception of data or communication
               
            
                  0914 00
               
               
                  Discrimination on grounds of gender, race, sexual orientation, religion or ethnic origin
               
            
                  0915 00
               
               
                  Public incitement to racial discrimination
               
            
                  0916 00
               
               
                  Public incitement to racial hatred
               
            
                  0917 00
               
               
                  Blackmail
               
            
                  1000 00
                  open category
               
               
                  
                     Sexual offences
                  
               
            
                  1001 00
               
               
                  Rape
               
            
                  1002 00
               
               
                  Aggravated rape (5) other than rape of a minor
               
            
                  1003 00
               
               
                  Sexual assault
               
            
                  1004 00
               
               
                  Procuring for prostitution or sexual act
               
            
                  1005 00
               
               
                  Indecent exposure
               
            
                  1006 00
               
               
                  Sexual harassment
               
            
                  1007 00
               
               
                  Soliciting by a prostitute
               
            
                  1008 00
               
               
                  Sexual exploitation of children
               
            
                  1009 00
               
               
                  Offences related to child pornography or indecent images of minors
               
            
                  1010 00
               
               
                  Rape of a minor
               
            
                  1011 00
               
               
                  Sexual assault of a minor
               
            
                  1100 00
                  open category
               
               
                  
                     Offences against family law
                  
               
            
                  1101 00
               
               
                  Illicit sexual relations between close family members
               
            
                  1102 00
               
               
                  Polygamy
               
            
                  1103 00
               
               
                  Evading the alimony or maintenance obligation
               
            
                  1104 00
               
               
                  Neglect or desertion of a minor or a disabled person
               
            
                  1105 00
               
               
                  Failure to comply with an order to produce a minor or removal of a minor
               
            
                  1200 00
                  open category
               
               
                  
                     Offences against the State, public order, course of justice or public officials
                  
               
            
                  1201 00
               
               
                  Espionage
               
            
                  1202 00
               
               
                  High treason
               
            
                  1203 00
               
               
                  Offences related to elections and referendum
               
            
                  1204 00
               
               
                  Attempt against life or health of the Head of State
               
            
                  1205 00
               
               
                  Insult of the State, Nation or State symbols
               
            
                  1206 00
               
               
                  Insult or resistance to a representative of public authority
               
            
                  1207 00
               
               
                  Extortion, duress, pressure towards a representative of public authority
               
            
                  1208 00
               
               
                  Assault or threat on a representative of public authority
               
            
                  1209 00
               
               
                  Public order offences, breach of the public peace
               
            
                  1210 00
               
               
                  Violence during sports events
               
            
                  1211 00
               
               
                  Theft of public or administrative documents
               
            
                  1212 00
               
               
                  Obstructing or perverting the course of justice, making false allegations in the course of criminal or judicial proceedings, perjury
               
            
                  1213 00
               
               
                  Unlawful impersonation of a person or an authority
               
            
                  1214 00
               
               
                  Escape from lawful custody
               
            
                  1300 00
                  open category
               
               
                  
                     Offences against public property or public interests
                  
               
            
                  1301 00
               
               
                  Public, social security or family benefit fraud
               
            
                  1302 00
               
               
                  Fraud affecting European benefits or allowances
               
            
                  1303 00
               
               
                  Offences related to illegal gambling
               
            
                  1304 00
               
               
                  Obstructing of public tender procedures
               
            
                  1305 00
               
               
                  Active or passive corruption of a civil servant, a person holding public office or public authority
               
            
                  1306 00
               
               
                  Embezzlement, misappropriation or other diversion of property by a public official
               
            
                  1307 00
               
               
                  Abuse of a function by a public official
               
            
                  1400 00
                  open category
               
               
                  
                     Tax and customs offences
                  
               
            
                  1401 00
               
               
                  Tax offences
               
            
                  1402 00
               
               
                  Customs offences
               
            
                  1500 00
                  open category
               
               
                  
                     Economic and trade related offences
                  
               
            
                  1501 00
               
               
                  Bankruptcy or fraudulent insolvency
               
            
                  1502 00
               
               
                  Breach of accounting regulation, embezzlement, concealment of assets or unlawful increase in a company’s liabilities
               
            
                  1503 00
               
               
                  Violation of competition rules
               
            
                  1504 00
               
               
                  Laundering of proceeds from crime
               
            
                  1505 00
               
               
                  Active or passive corruption in the private sector
               
            
                  1506 00
               
               
                  Revealing a secret or breaching an obligation of secrecy
               
            
                  1507 00
               
               
                  ‘Insider trading’
               
            
                  1600 00
                  open category
               
               
                  
                     Offences against property or causing damage to goods
                  
               
            
                  1601 00
               
               
                  Unlawful appropriation
               
            
                  1602 00
               
               
                  Unlawful appropriation or diversion of energy
               
            
                  1603 00
               
               
                  Fraud, including swindling
               
            
                  1604 00
               
               
                  Dealing in stolen goods
               
            
                  1605 00
               
               
                  Illicit trafficking (6) in cultural goods, including antiques and works of art
               
            
                  1606 00
               
               
                  Intentional damage or destruction of property
               
            
                  1607 00
               
               
                  Unintentional damage or destruction of property
               
            
                  1608 00
               
               
                  Sabotage
               
            
                  1609 00
               
               
                  Offences against industrial or intellectual property
               
            
                  1610 00
               
               
                  Arson
               
            
                  1611 00
               
               
                  Arson causing death or injury to persons
               
            
                  1612 00
               
               
                  Forest arson
               
            
                  1700 00
                  open category
               
               
                  
                     Theft offences
                  
               
            
                  1701 00
               
               
                  Theft
               
            
                  1702 00
               
               
                  Theft after unlawful entry into property
               
            
                  1703 00
               
               
                  Theft, using violence or weapons, or using threat of violence or weapons against person
               
            
                  1704 00
               
               
                  Forms of aggravated theft which do not involve use of violence or weapons, or use of threat of violence or weapons, against persons.
               
            
                  1800 00
                  open category
               
               
                  
                     Offences against information systems and other computer-related crime
                  
               
            
                  1801 00
               
               
                  Illegal access to information systems
               
            
                  1802 00
               
               
                  Illegal system interference
               
            
                  1803 00
               
               
                  Illegal data interference
               
            
                  1804 00
               
               
                  Production, possession, dissemination of or trafficking in computer devices or data enabling commitment of computer-related offences
               
            
                  1900 00
                  open category
               
               
                  
                     Forgery of means of payment
                  
               
            
                  1901 00
               
               
                  Counterfeiting or forging currency, including the euro
               
            
                  1902 00
               
               
                  Counterfeiting of non-cash means of payment
               
            
                  1903 00
               
               
                  Counterfeiting or forging public fiduciary documents
               
            
                  1904 00
               
               
                  Putting into circulation/using counterfeited or forged currency, non-cash means of payment or public fiduciary documents
               
            
                  1905 00
               
               
                  Possession of a device for the counterfeiting or forgery of currency or public fiduciary documents
               
            
                  2000 00
                  open category
               
               
                  
                     Falsification of documents
                  
               
            
                  2001 00
               
               
                  Falsification of a public or administrative document by a private individual
               
            
                  2002 00
               
               
                  Falsification of a document by a civil servant or a public authority
               
            
                  2003 00
               
               
                  Supply or acquisition of a forged public or administrative document; supply or acquisition of a forged document by a civil servant or a public authority
               
            
                  2004 00
               
               
                  Using forged public or administrative documents
               
            
                  2005 00
               
               
                  Possession of a device for the falsification of public or administrative documents
               
            
                  2006 00
               
               
                  Forgery of private documents by a private individual
               
            
                  2100 00
                  open category
               
               
                  
                     Offences against traffic regulations
                  
               
            
                  2101 00
               
               
                  Dangerous driving
               
            
                  2102 00
               
               
                  Driving under the influence of alcohol or narcotic drugs
               
            
                  2103 00
               
               
                  Driving without a licence or while disqualified
               
            
                  2104 00
               
               
                  Failure to stop after a road accident
               
            
                  2105 00
               
               
                  Avoiding a road check
               
            
                  2106 00
               
               
                  Offences related to road transport
               
            
                  2200 00
                  open category
               
               
                  
                     Offences against labour law
                  
               
            
                  2201 00
               
               
                  Unlawful employment
               
            
                  2202 00
               
               
                  Offences relating to remuneration, including social security contributions
               
            
                  2203 00
               
               
                  Offences relating to working conditions, health and safety at work
               
            
                  2204 00
               
               
                  Offences relating to access to or exercise of a professional activity
               
            
                  2205 00
               
               
                  Offences relating to working hours and rest time
               
            
                  2300 00
                  open category
               
               
                  
                     Offences against migration law
                  
               
            
                  2301 00
               
               
                  Unauthorised entry or residence
               
            
                  2302 00
               
               
                  Facilitation of unauthorised entry and residence
               
            
                  2400 00
                  open category
               
               
                  
                     Offences against military obligations
                  
               
            
                  2500 00
                  open category
               
               
                  
                     Offences related to hormonal substances and other growth promoters
                  
               
            
                  2501 00
               
               
                  Illicit importation, exportation or supply of hormonal substances and other grown promoters
               
            
                  2600 00
                  open category
               
               
                  
                     Offences related to nuclear materials or other hazardous radioactive substances
                  
               
            
                  2601 00
               
               
                  Illicit importation, exportation, supply or acquisition of nuclear or radioactive materials
               
            
                  2700 00
                  open category
               
               
                  
                     Other offences
                  
               
            
                  2701 00
               
               
                  Other intentional offences
               
            
                  2702 00
               
               
                  Other unintentional offences
               
            
         (1)  Unless otherwise specified in this category, ‘trafficking’ means import, export, acquisition, sale, delivery, movement or transfer.
      
         (2)  For the purpose of this sub-category trafficking includes acquisition, sale, delivery, movement or transfer.
      
         (3)  For the purpose of this sub-category trafficking includes import, export, acquisition, sale, delivery, movement or transfer.
      
         (4)  For example: particularly grave circumstances.
      
         (5)  For example rape with particular cruelty.
      
         (6)  Trafficking includes import, export, acquisition, sale, delivery, movement or transfer.
   
   
      ANNEX B
      
         Common table of penalties and measures categories referred to in Article 4
      
      
                  Code
               
               
                  Categories and sub-categories of offences
               
            
                  1000
                  open category
               
               
                  
                     Deprivation of freedom
                  
               
            
                  1001
               
               
                  Imprisonment
               
            
                  1002
               
               
                  Life imprisonment
               
            
                  2000
                  open category
               
               
                  
                     Restriction of personal freedom
                  
               
            
                  2001
               
               
                  Prohibition from frequenting some places
               
            
                  2002
               
               
                  Restriction to travel abroad
               
            
                  2003
               
               
                  Prohibition to stay in some places
               
            
                  2004
               
               
                  Prohibition from entry to a mass event
               
            
                  2005
               
               
                  Prohibition to enter in contact with certain persons through whatever means
               
            
                  2006
               
               
                  Placement under electronic surveillance (1)
                  
               
            
                  2007
               
               
                  Obligation to report at specified times to a specific authority
               
            
                  2008
               
               
                  Obligation to stay/reside in a certain place
               
            
                  2009
               
               
                  Obligation to be at the place of residence on the set time
               
            
                  2010
               
               
                  Obligation to comply with the probation measures ordered by the court, including the obligation to remain under supervision
               
            
                  3000
                  open category
               
               
                  
                     Prohibition of a specific right or capacity
                  
               
            
                  3001
               
               
                  Disqualification from function
               
            
                  3002
               
               
                  Loss/suspension of capacity to hold or to be appointed to public office
               
            
                  3003
               
               
                  Loss/suspension of the right to vote or to be elected
               
            
                  3004
               
               
                  Incapacity to contract with public administration
               
            
                  3005
               
               
                  Ineligibility to obtain public subsidies
               
            
                  3006
               
               
                  Cancellation of the driving licence (2)
                  
               
            
                  3007
               
               
                  Suspension of driving licence
               
            
                  3008
               
               
                  Prohibition to drive certain vehicles
               
            
                  3009
               
               
                  Loss/suspension of the parental authority
               
            
                  3010
               
               
                  Loss/suspension of right to be an expert in court proceedings/witness under oath/juror
               
            
                  3011
               
               
                  Loss/suspension of right to be a legal guardian (3)
                  
               
            
                  3012
               
               
                  Loss/suspension of right of decoration or title
               
            
                  3013
               
               
                  Prohibition to exercise professional, commercial or social activity
               
            
                  3014
               
               
                  Prohibition from working or activity with minors
               
            
                  3015
               
               
                  Obligation to close an establishment
               
            
                  3016
               
               
                  Prohibition to hold or to carry weapons
               
            
                  3017
               
               
                  Withdrawal of a hunting/fishing license
               
            
                  3018
               
               
                  Prohibition to issue cheques or to use payment/credit cards
               
            
                  3019
               
               
                  Prohibition to keep animals
               
            
                  3020
               
               
                  Prohibition to possess or use certain items other than weapons
               
            
                  3021
               
               
                  Prohibition to play certain games/sports
               
            
                  4000
                  open category
               
               
                  
                     Prohibition or expulsion from territory
                  
               
            
                  4001
               
               
                  Prohibition from national territory
               
            
                  4002
               
               
                  Expulsion from national territory
               
            
                  5000
                  open category
               
               
                  
                     Personal obligation
                  
               
            
                  5001
               
               
                  Submission to medical treatment or other forms of therapy
               
            
                  5002
               
               
                  Submission to a social-educational programme
               
            
                  5003
               
               
                  Obligation to be under the care/control of the family
               
            
                  5004
               
               
                  Educational measures
               
            
                  5005
               
               
                  Socio-judicial probation
               
            
                  5006
               
               
                  Obligation of training/working
               
            
                  5007
               
               
                  Obligation to provide judicial authorities with specific information
               
            
                  5008
               
               
                  Obligation to publish the judgment
               
            
                  5009
               
               
                  Obligation to compensate for the prejudice caused by the offence
               
            
                  6000
                  open category
               
               
                  
                     Penalty on personal property
                  
               
            
                  6001
               
               
                  Confiscation
               
            
                  6002
               
               
                  Demolition
               
            
                  6003
               
               
                  Restoration
               
            
                  7000
                  open category
               
               
                  
                     Placing in an institution
                  
               
            
                  7001
               
               
                  Placing in a psychiatric institution
               
            
                  7002
               
               
                  Placing in a detoxification institution
               
            
                  7003
               
               
                  Placing in an educational institution
               
            
                  8000
                  open category
               
               
                  
                     Financial penalty
                  
               
            
                  8001
               
               
                  Fine
               
            
                  8002
               
               
                  Day-fine (4)
                  
               
            
                  8003
               
               
                  Fine for the benefit of a special recipient (5)
                  
               
            
                  9000
                  open category
               
               
                  
                     Working penalty
                  
               
            
                  9001
               
               
                  Community service or work
               
            
                  9002
               
               
                  Community service or work accompanied with other restrictive measures
               
            
                  10000
                  open category
               
               
                  
                     Military penalty
                  
               
            
                  10001
               
               
                  Loss of military rank (6)
                  
               
            
                  10002
               
               
                  Expulsion from professional military service
               
            
                  10003
               
               
                  Military imprisonment
               
            
                  11000
                  open category
               
               
                  
                     Exemption/deferment of sentence/penalty, warning
                  
               
            
                  12000
                  open category
               
               
                  
                     Other penalties and measures
                  
               
            
         
      
                  Parameters (to be specified where applicable)
               
            
                  ø
               
               
                  Penalty
               
            
                  m
               
               
                  Measure
               
            
                  a
               
               
                  Suspended penalty/measure
               
            
                  b
               
               
                  Partially suspended penalty/measure
               
            
                  c
               
               
                  Suspended penalty/measure with probation/supervision
               
            
                  d
               
               
                  Partially suspended penalty/measure with probation/supervision
               
            
                  e
               
               
                  Conversion of penalty/measure
               
            
                  f
               
               
                  Alternative penalty/measure imposed as principal penalty
               
            
                  g
               
               
                  Alternative penalty/measure imposed initially in case of non-respect of the principal penalty
               
            
                  h
               
               
                  Revocation of suspended penalty/measure
               
            
                  i
               
               
                  Subsequent formation of an overall penalty
               
            
                  j
               
               
                  Interruption of enforcement/postponement of the penalty/measure (7)
                  
               
            
                  k
               
               
                  Remission of the penalty
               
            
                  l
               
               
                  Remission of the suspended penalty
               
            
                  n
               
               
                  End of penalty
               
            
                  o
               
               
                  Pardon
               
            
                  p
               
               
                  Amnesty
               
            
                  q
               
               
                  Release on parole (liberation of a person before end of the sentence under certain conditions)
               
            
                  r
               
               
                  Rehabilitation (with or without the deletion of penalty from criminal records)
               
            
                  s
               
               
                  Penalty or measure specific to minors
               
            
                  t
               
               
                  Non-criminal ruling (8)
                  
               
            
         (1)  Fixed or mobile placement.
      
         (2)  Reapplication in order to obtain a new driving licence is necessary.
      
         (3)  Legal guardian for a person who is legally incompetent or for a minor.
      
         (4)  Fine expressed in daily units.
      
         (5)  E.g.: for an institution, association, foundation or a victim.
      
         (6)  Military demotion.
      
         (7)  Does not lead to avoidance of enforcement of penalty.
      
         (8)  This parameter will be indicated only when such information is provided in reply to the request received by the Member State of nationality of the person concerned.