Decision 2009/316 - Establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This decision was in effect from April  7, 2009 until June 27, 2022 and should have been implemented in national regulation on April 27, 2012 at the latest.

2.

Key information

official 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
 
Legal instrument Decision
Number legal act Decision 2009/316
Original proposal COM(2008)332 EN
CELEX number84 32009D0316

3.

Key dates

Document 06-04-2009
Publication in Official Journal 07-04-2009; Special edition in Croatian: Chapter 18 Volume 002,OJ L 93, 7.4.2009
Effect 07-04-2009; Takes effect Date pub. See Art 9
End of validity 27-06-2022; Replaced by 32019L0884
Transposition 27-04-2012

4.

Legislative text

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...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

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The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    In March 2008 BE, CZ, DE, ES, FR, IT, LU, SK, SI, PL, PT, UK participated to the pilot project. BE, CZ, DE, ES, FR, LU exchanged information electronically.

     
  • 2. 
    Two studies on criminal records, inter alia, were carried out in 2001 and 2002 by the Institute of Advanced Legal Studies (ISLA) (Falcone Programme (2000/FAL/168)) and the Institute for International Research on Criminal Policy (IRCP) (Grotius Programme (2001/GRP/024).

     
  • 3. 
    In March 2008 BE, CZ, DE, ES, FR, IT, LU, SK, SI, PL, PT, UK participated to the pilot project. BE, CZ, DE, ES, FR, LU exchanged information electronically.

     
  • 4. 
    In March 2008 BE, CZ, DE, ES, FR, IT, LU, SK, SI, PL, PT, UK participated to the pilot project. BE, CZ, DE, ES, FR, LU exchanged information electronically.

     
  • 5. 
    OJ L58, 24.02.2007

     
  • 6. 
    OJ C
     
  • 7. 
    In March 2008 BE, CZ, DE, ES, FR, IT, LU, SK, SI, PL, PT, UK participated to the pilot project. BE, CZ, DE, ES, FR, LU exchanged information electronically.

     
  • 8. 
    OJ C
     
  • 9. 
    OJ C
     
  • 10. 
    OJ L58, 24.02.2007

     
  • 11. 
    OJ L
     
  • 12. 
    OJ C 53, 03.03.2005, p.1.

     
  • 13. 
    OJ C 198, 12.8.2005, p. 1.

     
  • 14. 
    OJ L
     
  • 15. 
    OJ C
     
  • 16. 
    In March 2008 BE, CZ, DE, ES, FR, IT, LU, SK, SI, PL, PT, UK participated to the pilot project. BE, CZ, DE, ES, FR, LU exchanged information electronically.

     
  • 17. 
    OJ C
     
  • 18. 
    OJ L58, 24.02.2007

     
  • 19. 
    OJ L
     
  • 20. 
    OJ C
     
  • 21. 
    See the proposal for a Council Framework Decision amending Council Framework Decision of 13 June 2002 on combating terrorism (2002/475/JHA).

     
  • 22. 
    See the Council Framework Decision of 13 June 2002 on combating terrorism (2002/475/JHA) and Council of Europe Convention on the Prevention of Terrorism of 16 May 2005

     
  • 23. 
    For example rape with particular cruelty.

     
  • 24. 
    Other than incestuous.

     
  • 25. 
    Other than incestuous.

     
  • 26. 
    Other than incestuous.

     
  • 27. 
    For example: credit or insurance fraud.

     
  • 28. 
    Fixed or mobile placement.

     
  • 29. 
    Reapplication in order to obtain a new driving licence is necessary.

     
  • 30. 
    Legal guardian for a person who is legally incompetent or for a minor.

     
  • 31. 
    Fine expressed in daily-units.

     
  • 32. 
    E.g. : for an institution, association, foundation or a victim.

     
  • 33. 
    Military demotion.

     
  • 34. 
    The enforcement of penalty can be avoided.

     
  • 35. 
    The enforcement of penalty can be avoided.

     
  • 36. 
    The enforcement of penalty can be avoided.

     
  • 37. 
    The enforcement of penalty can be avoided.

     
  • 38. 
    Situation where a single aggregated penalty covers several criminal acts which have given raise to one or several previous judicial decisions.

     
  • 39. 
    The enforcement of penalty cannot be avoided.

     
  • 40. 
    Non-differentiated appropriations hereafter referred to as NDA.

     
  • 41. 
    Expenditure that does not fall under Chapter xx 01 of the Title xx concerned.

     
  • 42. 
    Expenditure within Article xx 01 04 of Title xx.

     
  • 43. 
    Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05.

     
  • 44. 
    See points 19 and 24 of the Interinstitutional Agreement.

     
  • 45. 
    OJ C
     
  • 46. 
    Cost of which is included within the reference amount.

     
  • 47. 
    Specify the type of committee and the group to which it belongs.

     
  • 48. 
    OJ C 53, 03.03.2005, p.1.

     
  • 49. 
    OJ C 198, 12.8.2005, p. 1.

     
  • 50. 
    OJ L
     
  • 51. 
    OJ C
     
  • 52. 
    In March 2008 BE, CZ, DE, ES, FR, IT, LU, SK, SI, PL, PT, UK participated to the pilot project. BE, CZ, DE, ES, FR, LU exchanged information electronically.

     
  • 53. 
    OJ C
     
  • 54. 
    OJ L58, 24.02.2007

     
  • 55. 
    OJ L
     
  • 56. 
    OJ C
     
  • 57. 
    See the proposal for a Council Framework Decision amending Council Framework Decision of 13 June 2002 on combating terrorism (2002/475/JHA).

     
  • 58. 
    See the Council Framework Decision of 13 June 2002 on combating terrorism (2002/475/JHA) and Council of Europe Convention on the Prevention of Terrorism of 16 May 2005

     
  • 59. 
    For example rape with particular cruelty.

     
  • 60. 
    Other than incestuous.

     
  • 61. 
    Other than incestuous.

     
  • 62. 
    Other than incestuous.

     
  • 63. 
    For example: credit or insurance fraud.

     
  • 64. 
    Fixed or mobile placement.

     
  • 65. 
    Reapplication in order to obtain a new driving licence is necessary.

     
  • 66. 
    Legal guardian for a person who is legally incompetent or for a minor.

     
  • 67. 
    Fine expressed in daily-units.

     
  • 68. 
    E.g. : for an institution, association, foundation or a victim.

     
  • 69. 
    Military demotion.

     
  • 70. 
    The enforcement of penalty can be avoided.

     
  • 71. 
    The enforcement of penalty can be avoided.

     
  • 72. 
    The enforcement of penalty can be avoided.

     
  • 73. 
    The enforcement of penalty can be avoided.

     
  • 74. 
    Situation where a single aggregated penalty covers several criminal acts which have given raise to one or several previous judicial decisions.

     
  • 75. 
    The enforcement of penalty cannot be avoided.

     
  • 76. 
    Non-differentiated appropriations hereafter referred to as NDA.

     
  • 77. 
    Expenditure that does not fall under Chapter xx 01 of the Title xx concerned.

     
  • 78. 
    Expenditure within Article xx 01 04 of Title xx.

     
  • 79. 
    Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05.

     
  • 80. 
    See points 19 and 24 of the Interinstitutional Agreement.

     
  • 81. 
    OJ C
     
  • 82. 
    Cost of which is included within the reference amount.

     
  • 83. 
    Specify the type of committee and the group to which it
     
  • 84. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 85. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.