CELEX ID: 32009D0316

--- ENGLISH ---

Document:
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.

Summary:
European criminal records information system (ECRIS)
SUMMARY OF:
Decision 2009/316/JHA on the establishment of the European criminal records information system
WHAT IS THE AIM OF THE DECISION?
It established:
the 
European criminal records information system
 (ECRIS);
a 
standardised format
 for the 
electronic exchange of information
 between 
European Union
 (EU) 
Member States
, particularly on offences and convictions.
The decision still fully applies in Ireland and Denmark, which are not bound by Directive (EU) 
2019/884
 replacing Decision 2009/316/JHA from 
28 June 2022
.
For all the other Member States, Framework Decision 
2009/315/JHA
, as amended by Directive (EU) 2019/884, is the only applicable instrument for ECRIS (see 
summary
).
KEY POINTS
ECRIS is a 
decentralised IT system
 based on national criminal record databases. It allows for the exchange of information extracted from national criminal records between Member States’ central authorities. It consists of: 
interconnecting software using a common set of protocols to exchange information;
common communication infrastructure, operated under the responsibility of the 
European Commission
, with an encrypted network.
National central authorities 
do not have direct online access
 to criminal record databases in other Member States.
The Commission: 
provides general support, technical assistance and the reference implementation software;
covers the costs
 of implementing, administering, using and maintaining ECRIS’s common communication infrastructure, and of its future development, along with the costs of the implementation and future development of the reference implementation software;
regularly publishes reports on the use and functioning of ECRIS.
The Member States: 
use the appropriate codes for the 
categories of offences
 (Annex A) and 
sanctions
 (Annex B) when exchanging information;
are responsible for their own criminal record databases;
provide the General Secretariat of the 
Council of the European Union
 with a list of national offences and sentences to help produce a 
non-binding manual
 for ECRIS users.
The Member States and the Commission share information and consult with one another in the Council in order to: 
draw up a non-binding manual setting out the information exchange procedures, addressing in particular the problem of identifying offenders;
coordinate ECRIS’s development and operation, particularly by establishing 
logging systems and procedures
, 
technical and security specifications
 and procedures for 
conformity of national software
.
The decision: 
does not aim to set up a centralised criminal record database, as all criminal data is stored in national databases;
implements Framework Decision 
2009/315/JHA
 (see 
summary
), setting out the general principles for the operation of the exchange of criminal records between Member States.
The decision is complemented by: 
Directive 
2011/93/EU
 on fighting child sexual abuse (see 
summary
), requiring information exchange, if requested, in recruitment procedures for posts involving direct and regular contact with children;
Regulation (EU) 
2019/816
 on ECRIS-TCN, establishing a centralised system for the identification of Member States holding conviction information on non-EU nationals (see 
summary
);
Regulation (EU) 
2018/1726
 establishing the European Union Agency for the Operational Management of Large-Scale IT Systems – see 
summary
.
Directive (EU) 
2019/884
, in addition to amending Framework Decision 2009/315/JHA (see above), replaces Decision 
2009/316/JHA
, which set up ECRIS, and became law in the Member States from 
28 June 2022
.
However, it should be noted that Ireland and Denmark are not bound by Directive (EU) 2019/884. This means that Decision 2009/316/JHA continues to apply in those two Member States.
FROM WHEN DOES THE DECISION APPLY?
It has applied since 
7 April 2009
. Member States had to incorporate it into national law by 
27 April 2012
.
BACKGROUND
Before ECRIS was set up, national courts frequently passed sentences without knowing whether a criminal had previous convictions in another Member State.
Since 2008, Framework Decision 
2008/675/JHA
 (see 
summary
) has required that previous criminal convictions be taken into account by a court in the course of new criminal proceedings against an individual. ECRIS supports this process by providing judges, prosecutors and relevant administrative authorities with comprehensive information on an EU citizen’s criminal history, no matter where they were convicted.
For further information, see: 
European criminal records information system (ECRIS)
 (European Commission).
MAIN DOCUMENT
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 (OJ L 93, 
7.4.2009
, 
pp. 33–48
).
RELATED DOCUMENTS
Directive (EU) 
2019/884
 of the European Parliament and of the Council of 
17 April 2019
 amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third-country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA (OJ L 151, 
7.6.2019
, 
pp. 143–150
).
Regulation (EU) 
2019/816
 of the European Parliament and of the Council of 
17 April 2019
 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 
22.5.2019
, 
pp. 1–26
).
Successive amendments to Regulation (EU) 2019/816 have been incorporated in the original text. This 
consolidated version
 is of documentary value only.
Regulation (EU) 
2018/1726
 of the European Parliament and of the Council of 
14 November 2018
 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) 
No 1987/2006
 and Council Decision 2007/533/JHA and repealing Regulation (EU) 
No 1077/2011
 (OJ L 295, 
21.11.2018
, 
pp. 99–137
).
See 
consolidated version
.
Directive 
2011/93/EU
 of the European Parliament and of the Council of 
13 December 2011
 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 
17.12.2011
, 
pp. 1–14
).
See 
consolidated version
.
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 (OJ L 93, 
7.4.2009
, 
pp. 23–32
).
See 
consolidated version
.
Council Framework Decision 
2008/675/JHA
 of 
24 July 2008
 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ L 220, 
15.8.2008
, 
pp. 32–34
).
last update 
20.10.2022

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