Exchange of information extracted from criminal records (ECRIS) - Implementation of the Council Decision 2009/316/JHA on the establishment of the European Criminal Records Information System (ECRIS) and the Council Framework Decision 2009/315/JHA on the exchange of information extracted from criminal records. - Main contents

Document date	18-10-2010
Publication date	20-10-2010
Reference	CM 5040/10
From	anna.lipska@consilium.europa.eu Tel./Fax: +32.2-281.95.15
External link	original PDF
Original document in PDF

COUNCIL OF Brussels, 18 October 2010

THE EUROPEAN UNION

CM 5040/10

JAI COPEN

COMMUNICATION

REQUEST FOR CONTRIBUTIONS

Contact: anna.lipska@consilium.europa.eu

Tel./Fax: +32.2-281.95.15

Subject : Exchange of information extracted from criminal records (ECRIS)

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  Implementation of the Council Decision 2009/316 i/JHA on the establishment of

the European Criminal Records Information System (ECRIS) and the Council

Framework Decision 2009/315/JHA on the exchange of information extracted

from criminal records.

The Council Decision 2009/316 i/JHA 1 on the establishment of the European Criminal Records

Information System (ECRIS) was adopted by the Council in April 2009. This decision aims at

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implementing the Council Framework Decision 2009/315/JHA on the exchange of information extracted from criminal records. By 7 April 2012 Member States shall take the necessary steps to comply with the ECRIS Decision.

In accordance with Article 6 of Council Decision 2009/316 i/JHA one of the elements of the implementation is the preparation of the Manual for Practitioners.

Article 6.2(a) reads as follows:

1 OJ L 93, 7.4.2009, p. 33

2 OJ L 93, 7.4.2009, p. 23

" 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;"

In order to initiate the work on the preparation of Manual for Practitioners and in accordance with Article 5 the Presidency invites delegations to send in their notifications regarding the following information:

 (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.

Replies may be sent, by 10 December 2010 to secretariat.criminal-law@consilium.europa.eu

(+32.2-281.70.62).

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