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COUNCIL OF

THE EUROPEAN UNION



Brussels, 7 October 2008 





Interinstitutional File:

2008/0101 (CNS)

13887/08

LIMITE





COPEN 181



	

NOTE

from:	Presidency

to:	Coreper/Council

no prev doc	13586/08 COPEN 171

Subject:	Proposal for a Council Decision on the establishment of the
European Criminal Records Information System (ECRIS) in application of
Article 11 of Framework Decision 2008/XX/JHA



I.	INTRODUCTION

On 28 May 2008 the Commission submitted a proposal for a Council
Decision on the establishment of the European Criminal Records
Information System (ECRIS) in application of Article 11 of Framework
Decision 2008/XX/JHA .



By a letter dated 9 June 2007 the European Parliament was requested to
give its opinion on the proposal. The Presidency has maintained close
cooperation with the European Parliament and especially with its
rapporteur at the LIBE Committee. The draft opinion of the LIBE
Committee was examined by the experts during the Working Party meeting
on 6 October 2008. It has been noted that on a number of points the
opinion of the European Parliament and the text negotiated by the
delegations are concordant. Specific modifications and a new recital
were introduced into the proposal following the suggestions made by the
LIBE Committee. The opinion of the European parliament is expected to be
given during the plenary session of 20- 23 October 2008.

The proposal is subject to parliamentary scrutiny reservations entered
by IE/UK/DK. 

The Article 36 Committee examined the proposal during its meeting on 2-3
October 2008 and instructed the Working Party to continue its work in
order to finalise the examination of the proposal on outstanding issues
and transmit it to Coreper/Council with a view to reaching a general
approach. 

Working Party on Cooperation in Criminal Matter continued the
examination of the proposal during its meeting on 6 October 2008 on the
basis of 13586/08 Copen 171 and working documents. 

The Working Party has also considered the opinion on the proposal
delivered by the European Data Protection Supervisor.While underlining
the importance of the sufficient protection of personal data to be
ensured by the system, the EDPS has in its written opinion expressed a
general support for the proposal. The delegations have noted the
recommendations to this respect given by the EDPS.

The text of the proposal resulting for this meeting is set out in the
Annex to this note. Specific remarks made or maintained by the
delegations are set out in the footnotes to relevant provisions. Further
considerations concerning main outstanding issue are set out under II
below.



II.	OUTSTANDING ISSUE: 

MECHANISMS OF IMPLEMENTATION OF THE COUNCIL DECISION

Remaining point of discussion is the establishment of the mechanisms of
implementation of the present decision. The need for implementing
measures – in order to ensure a proper functioning of the ECRIS - has
been generally acknowledged by Member States. However, the advisability
of the Comitology procedure proposed originally by the Commission, in
the context of this instrument has been questioned, in particular in
light of the decision of the European Court of Justice of 6 May 2008.  

Accordingly, the Presidency, after consultation with the Council Legal
Service, has submitted to the delegations a proposal for a modified
Article 6, which, while replacing the comitology procedure, sets out the
mechanisms for the implementation of the decision. Article 6 establishes
a two fold procedure. Firstly, it states that modifications to the
tables of offences and sanctions, such as revision and updating (c.f.
recital 10), shall be adopted by the Council acting by a qualified
majority and after having consulted the European Parliament, as provided
for in article 34 (2) (c) TEU. Qualified majority appears to be an
appropriate and efficient procedure for minor amendments which leave the
general structure of the tables unchanged. On the other hand the
development and operation of technical aspects of ECRIS, including the
establishment of statistics is concerned, will be ensured by the
cooperation, within the Council, of the representatives of the relevant
departments of the administration of the Member States and the
Commission, as provided for in article 34 (1) TEU. In such setting, also
the Manual for practitioners will be prepared.



Delegations have supported the proposal presented by the Presidency.
However, CZ entered scrutiny reservation on the decision making
procedure envisaged in paragraph 1 of Article 6. This delegation
expressed concerns, whether the modification of the tables set out in
the Annex to the decision may be subject to the procedure other than
that, which is foreseen for their initial adoption (QMV as against
unanimity). It has been however noted, that the choice of the decision
making procedure remains in the discretion of the Council, within the
framework provided for in the Treaties. Accordingly, the QMV procedure,
as foreseen by Article 34 (2)(c) TEU, is here at the same time a
possible solution, and a desirable one, considering the aim to be
reached in this specific file. In the experience of the Council some
further examples may be provided where the Member States have decided in
the Council to apply such procedure for the purpose of adopting
implementing measures. The Presidency notes however, that any
substantial modifications as to the very structure of the tables would
only be introduced in the application of the procedure required for the
modification of the Council decision itself (unanimity).

The Presidency believes that the above described procedure presents
sufficient flexibility in order to ensure the efficiency where it comes
to the implementation of the Council decision in the Member States. At
the same time it guarantees the participation of relevant experts,
including the Commission in the preparatory work. 

III.	CONCLUSIONS

Coreper is invited to endorse the text of the proposal found in the
Annex (subject to the further examination of the recitals and of the
opinion of the European Parliament) and to forward it to the Council in
order to reach a general approach on the text of the proposal

_______________________ANNEX I

Proposal for a

COUNCIL DECISION

on the establishment of the European Criminal Records Information System
(ECRIS) in application of Article 11 of Framework Decision 2008/XX/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 proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to Article 11 (3) of the Council Framework Decision
2008/XX/JHA on the organisation and content of the exchange of
information extracted from criminal records between Member States,

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 national criminal records in a way
that would guarantee their common understanding and efficiency of such
exchange.

 

(2)	The need to improve the exchange of information on criminal
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 and in the Action Plan on its
implementation. Furthermore, computerised interconnection of criminal
records at EU level was recognised as a political priority by the
European Council in its Conclusions of 21 and 22 June 2007. 

(3)	The electronic 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.

(4)	Information on convictions imposed on nationals by other Member
States does not circulate efficiently on the current basis of the
Council of Europe Convention on mutual legal assistance in criminal
matters of 1959. Therefore, there is a need for more efficient and
accessible procedures of exchange of such information at EU level.

(5)	A pilot project is currently being developed with a view to
interconnecting the criminal records. Its achievements constitute a
valuable basis for the further work on computerised exchange of
information at the European level.

(6)	This Decision aims to implement Article 11 of Framework Decision
2008/XX/JHA in order to build and develop a computerised
conviction-information exchange system between Member States. Such
system should allow the Member State receiving information on conviction
to understand it easily. Therefore, a standardised format allowing
information to be exchanged in a uniform, electronic and easily
computer-translatable way and any other ways of organising and
facilitating electronic exchanges of information on convictions between
national authorities of Member States should be set up.

(6a)	(…) This decision is based on the principles already established
by the Council Framework decision 2008/XX/JHA on the organisation and
content of the exchange of information extracted from criminal records
between the Member States and supplements and applies those principles
from a technical standpoint.

(7)	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
2008/XX/JHA.

(7a)	Neither this Council Decision nor the Council Framework Decision
2008/XX/JHA on the organisation and content of the exchange of
information extracted from criminal records between Member States
establishes any obligation to exchange information about non-criminal
rulings.

(8)	The reference tables of categories of offences and categories of
sanctions provided for in the Annexes 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 sanctions. 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. (…)

(9)	In order to ensure the mutual understanding and transparency of the
common categorisation, each Member State should submit the list of
national offences and sanctions falling in each category referred to in
the respective table. (…) Member States may provide description of
offences and sanctions and, taking into account the usefulness of such
description, they should be encouraged to do so.  Such information
should be made accessible to Member States (…).



(9 a)	The reference tables of categories of offences and categories of
sanctions provided for in Annex are not designed to set up legal
equivalences between offences and sanctions existing at national level.
They are a tool aimed at helping the recipient to gain
better understanding of the facts(s) and type of sanction(s) contained
in the information transmitted. The accuracy of the codes mentioned can
not be fully guaranteed by the Member State supplying the information
and it shall not preclude the interpretation of the information by
competent authorities in the receiving Member State. 

(10)	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 with their participation. The common communication
infrastructure should be initially the S-TESTA network. All expenditure
concerning the common communication infrastructure should be covered by
the general budget of the European Union. In accordance with the
modalities set out in Article 34 (1) of the Treaty on European Union,
the representatives of the relevant departments of the administrations
of the Members States and of the Commission should consult one another
within the Council with the view to draw up a non-binding manual for
practitioners, which should address in particular modalities of
identification of offenders, common understanding of the categories of
offences and sanctions, explanation of problematic national offences and
sanctions, as well as the procedures governing the exchange of
information, and to ensure the coordination necessary for the
development and operation of ECRIS.

(11)	In order to accelerate the development of ECRIS, the Commission
intends to undertake a number of technical measures to assist Member
States in preparing the technical infrastructure for connecting their
criminal records databases. The Commission may provide a reference
implementation i.e. an appropriate software allowing Member States for
this connection, which they may choose to apply instead of their own
interconnection software implementing the common set of protocols.

(12)	Since the objective of this Decision is not to harmonise national
systems of criminal records there is no obligation for a Member State of
conviction to change its internal system of criminal records as regards
the use of information for domestic purposes.

(13)	Reference tables of categories of offences and sanctions should be
revised and updated in accordance with the regular procedure for the
adoption of implementing measures of Council decisions, as provided for
in Articles 34(2) (c) and 39 of the Treaty on European Union.

(14)	Framework Decision 2008/XX/JHA on the protection of personal data
processed in the framework of police and judicial co-operation in
criminal matters should apply in the context the computerised exchange
of information extracted from criminal records of Member States,
providing for an adequate level of data protection and including the
processing of personal data at national level.

(15)	Since the objective of the proposed action, namely the development
of a system for the computerised transmission of information on
convictions between Member States, cannot be adequately achieved by the
Member States unilaterally, and can therefore, by reason of a necessity
for a 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 EU Treaty and set out in Article 5 of the EC Treaty . In
accordance with the principle of proportionality, as set out in the
latter Article, this Decision does not go beyond what is necessary in
order to achieve that objective.

(16)	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). It also sets up the elements of a standardised format
for the electronic exchange of information extracted from national
criminal records, 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
aspects related to the organising and facilitating exchanges of
information. 

Article 2

Definitions

For the purpose of this Decision, the definitions laid down in Framework
Decision 2008/XX/JHA shall apply.

Article 3

European Criminal Records Information System (ECRIS)

1.	ECRIS is a decentralized information technology system, based on the
criminal records databases in each Member State, and also composed of
the following elements:

(a)	(…)

(b)	an interconnection software built in compliance with the common set
of protocols allowing the exchange of information between Member States'
criminal records databases;

(c)	a common communication infrastructure that provides an encrypted
network.

2.	This decision is not aimed at establishing any centralized criminal
records database. All criminal records data shall be solely stored in
databases operated by the Member States.

2a	The interconnection software and databases storing, sending and
receiving information extracted from criminal records shall operate
under the responsibility of the Member State concerned. 

3.	Central authorities of the Member States referred to in Article 3 of
Framework Decision 2008/XXX/JHA shall not have direct online access to
criminal records databases of other Member States. Best available
techniques identified together by Member States with the support of the
Commission shall be taken to ensure the confidentiality and integrity of
criminal records data sent to other Member States.

4.	The common communication infrastructure shall be the Trans European
Services for Telematics between Administrations (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 4a.

4a	Common communication infrastructure shall be operated under the
responsibility of the Commission, and shall fulfill the security
prerequisites and thoroughly respond to the needs of the mechanisms of
the exchange of information established by this decision

5.	In order to ensure 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(b)(i)
and the reference implementation.

6.	Notwithstanding the possibility of using the EU 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 the national 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, and the implementation and future developments
of the reference implementation.

Article 4

Format of transmission of information

1.	When transmitting the information under Article 4(2)-(4) and Article
7 of Framework Decision 2008/XXX/JHA, relating to the name or legal
classification of the offence and to the applicable legal provision,
Member States shall refer to the corresponding code for each of the
offences subject to 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 code of sub-category, the code "open
category" of the relevant or closest category of offences or, in the
absence of the latter, the code "other offences", shall be used for that
particular offence.

1a. Member States may also provide available information relating to the
degree of completion and level of participation in the offence and,
where applicable, the existence of total or partial exemption from
criminal liability or recidivism. 

2.	When transmitting the information under Article 4(2)-(4) and Article
7 of Framework Decision 2008/XXX/JHA, relating to the contents of the
conviction, including 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 sanctions subject to the
transmission, as provided for in the table of sanctions and measures in
Annex B. By way of exception, where the sanction does not correspond to
any specific code of sub-category, the code "open category" of the
relevant or closest category of sanctions or, in the absence of the
latter, the code "other sanctions", shall be used for that particular
sanction.

2a.  Member States shall also provide , where applicable,  available
information relating to the nature and/or conditions of execution of the
sanction 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 ruling is provided on a voluntary basis by the
Member State of nationality of the person concerned, when  replying to
the request received. 



Article 5

Information on national convictions, sanctions and measures

1.	The following information shall be provided by the Member States to
the General Secretariat of the Council, with the view in particular to
drawing up a non-binding manual for practitioners referred to in Article
6: 

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 provision. It may also include a short description of the
constitutive elements of the offence;

the list  of types of sentences, possible supplementary penalties,
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 sanctions and measures in Annex
B. It may also include a short description of the specific offence. 

deleted. 

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 

4.	(…). 

Article 6

Implementing measures

1.	The Council, acting by a qualified majority and after consultation of
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
sanctions listed 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 allowing to
monitor the 			functioning of ECRIS and of non personal statistics
relating to the exchange through 		ECRIS of information extracted from
criminal records;

(ii)	technical specifications of the exchange, including security
requirements, in particular the common set of protocols;

(iii)	procedures verifying the conformity of the national software
applications with the technical specifications.

Article 7

Committee procedure

[deleted]

Article 8

Report

1.	The Commission services shall regularly publish a report concerning
the exchange of information extracted from criminal records between
Member States based in particular on the statistics  as referred to in
Article 6.  This report shall be published for the first time, a year
after submitting the report referred to in Article 15 (3) of Framework
Decision 2008/XX/JHA.

2.	(...)

Article 9

Implementation and time limits

1.	Member States shall adopt the measures necessary to comply with the
provisions of this Decision within the time limit specified in Article
11 (6) of Framework Decision 2008/XX/JHA.

2.	Member States shall use the format specified in Article 4 and comply
with the ways of organising and facilitating exchanges of information
laid down in this Decision from the date referred to in Article 11(5) of
Framework Decision 2008/XX/JHA.

Article 10

Date of effect

This decision shall take effect on the day of its publication in the
Official Journal of the European Union.

Done at Brussels, […]

For the Council

	The President

____________________	ANNEX A 

Common table of offences categories

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 liability:	Insanity or diminished accountability
S

Recidivism	R





Code

	CATEGORIES AND subcategories 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	Deleted

0304 00	Financing of terrorism

0305 00

	Public provocation to commit a terrorist offence

0306 00	Rrecruitment 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	Deleted

0406 00	Trafficking in human beings for the purposes of labour or
services exploitation of a minor 

0407 00	Trafficking in human beings for the purposes of the exploitation
of the prostitution of minors or other forms of their sexual
exploitation 

0408 00	Trafficking in human beings for the purposes of organ or human
tissue removal of a minor

0409 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 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



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 in protected fauna and
flora species or parts thereof

0605 00	Deleted

0606 00	Deleted

0607 00	Deleted

0608 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 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

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 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

new subcategory	Invasion of privacy other than illegal entry into
private property

new subcategory	Offences against protection of personal data.

0911 00	Illegal interception of data or communication

0912 00	Discrimination on grounds of gender, race, sexual orientation,
religion or ethnic origin

0913 00	Public incitement to racial discrimination

0914 00	Public incitement to racial hatred

0915 00	Blackmail

1000 00 

open category	sexual Offences 

1001 00	Rape 

1002 00	Aggravated rape 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	deleted 



1009 00	Sexual exploitation of children

1010 00  	Offences related to child pornography or indecent images of
minors

1011 00	Rape of a minor

1012 00	Sexual assault of a minor

1100 00 

open category 	OFFENCES AGAINST THE 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	deleted 

1302 00	deleted  

1303 00	Public, social security or family benefit fraud

1304 00	Fraud affecting European benefits or allowances

1305 00	Offences related to illegal gambling

1306 00	Obstructing of public tender procedures

1307 00	Active or passive corruption of a civil servant, a person
holding public office or public authority

1308 00	Embezzlement, misappropriation or other diversion of property by
a public official

1309 00	Abuse of a function by a public official

New

open category	Tax and customs offences

new subcategory	Tax offences

new subcategory	Customs offences



1400 00 

open category 	Economic and trade related offences 

1401 00	Bankruptcy or fraudulent insolvency

1402 00	Breach of accounting regulation, embezzlement, concealment of
assets or unlawful increase in a company's liabilities

1403 00	deleted

1404 00	Violation of competition rules

1405 00	deleted

1406 00	Laundering of proceeds from crime

1407 00	Active or passive corruption in the private sector

1408 00	deleted

1409 00	deleted)

1410 00	Revealing a secret or breaching an obligation of secrecy

1411 00	'Insider trading'

1500 00 

open category 	offences against property or causing damage to goods

1501 00	deleted 

1502 00 	deleted 

1503 00	deleted 

1504 00	deleted 

1505 00	deleted 

1506 00	deleted 

1507 00	deleted 

1508 00	Unlawful appropriation

1509 00	Unlawful appropriation or diversion of energy



1510 00	Fraud including swindling

1511 00	deleted

151200	Dealing in stolen goods 

1513 00	Illicit trafficking in cultural goods including antiques and
works of art 

1514 00	Intentional damage or destruction of property

1515 00	unintentional damage or destruction of property

1516 00	Sabotage

1517 00	Offences against industrial or intellectual property 

1518 00	Arson 

1519 00	Arson causing death or injury to persons 

1520 00	Forest arson  

1600 00 

open category 	Theft OFFENCES 

1601 00	Theft



1602 00	Theft  after unlawful entry into property

1603 00	Theft, using violence or weapons, or using threat of violence or
weapons against person

1604 00	Forms of aggravated theft which do not involve use of violence
or weapons, or use of threat of violence or weapons, against persons. 

1700 00 

open category 	OFFENCES AGAINST INFORMATION SYSTEMS and other
computer-related crime

1701 00	Illegal access to information systems

1702 00	Illegal system interference 

1703 00	Illegal data interference 

1704 00	Production, possession, dissemination or trafficking in computer
devices or data enabling commitment of computer related offences



1800 00 

open category	FORGERY OF MEANS OF PAYMENT

1801 00	Counterfeiting or forging currency including the Euro

1802 00	Counterfeiting of non cash means of payment

1803 00	Counterfeiting or forging public fiduciary documents

1804 00	Putting into circulation/ using counterfeited or forged
currency, non-cash means of payment or public fiduciary documents

1805 00	Possession of a device for the counterfeiting or forgery of
currency or public fiduciary documents

1900 00 

open category 	FALSIFICATION OF  DOCUMENTS

19001 00	Falsification of a public or administrative document by a
private individual

1902 00	Falsification of a document by a civil servant or a public
authority

1903 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

1904 00	Using forged public or administrative documents

1905 00	Possession of a device for the falsification of public or
administrative documents

1906 00	Forgery of private documents by a private individual

2000 00 

open category 	Offences against traffic regulations

2001 00	Dangerous driving 

2002 00	deleted

2003 00	Driving under the influence of alcohol or narcotic drugs

2004 00	Driving without a licence or while disqualified 

2005 00	deleted

2006 00	Failure to stop after a road accident

2007 00	Avoiding a road check



2008 00	Offences related to road transport 

2009 00 	deleted 

2100 00 

open category 	OFFENCES AGAINST LABOUR LAW 

2101 00	Unlawful employment 

2102 00	deleted

2103 00	Offences relating to remuneration including social security
contributions

2104 00	Offences relating to working conditions, health and safety at
work

2105 00	Offences relating to access to or exercise of a professional
activity

2106 00	Offences relating to working hours and rest time

2107 00	deleted

2200 00 

open category	OFFENCES AGAINST THE MIGRATION LAW

2201 00	Unauthorised entry or residence

2202 00	Facilitation of unauthorised entry and residence

2300 00 

open category	OFFENCES AGAINST MILITARY OBLIGATIONS

new

open category	Offences related to hormonal substances and other growth
promoters

new subcategory	Illicit importation, exportation or supply of hormonal
substances and other grown promoters

new 

open category	Offences related to nuclear materials or other hazardous
radioactive substances

new subcategory	Illicit importation, exportation, supply or acquisition
of nuclear or radioactive materials



2400 00 

open category 	OTHER OFFENCES

2401 00	Other intentional offences

2402 00	Other unintentional offences

ANNEX B 

Common table of sanctions categories

Code

	CATEGORIES AND SUB-CATEGORIES OF SANCTIONS

1000

open category	DEPRIVATION OF FREEDOM

1001	Imprisonment 

1002	deleted 

1003	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

new subcategory	Obligation to report at specified times to a specific
authority

2007	Obligation to stay / reside in a  certain place

2008	Obligation to be at the place of residence on the set time

2009	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

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

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 program

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 

7004	deleted 



8000

open category	FINANCIAL PENALTY

8001	Fine

8002	Day-fine

8003	Fine for the benefit of a special recipient

9000

open category	WORKING PENALTY

9001	Community service or work

9002	Community service or work accompanied with other restrictive
measures 

1000

open category	MILITARY PENALTY

1001	Loss of military rank

1002	Expulsion from professional military service

1003	Military imprisonment

1100

open category	EXEMPTION/ DEFERMENT OF SENTENCE/ PENALTY, WARNING

1200

open category	OTHER SANCTIONS



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

New

Parameter	Alternative penalty/ measure imposed as principal penalty

F	Alternative penalty/ measure imposed initially in case of non- respect
of the principal penalty

G	Revocation of suspended penalty/ measure

h	Subsequent formation of an overall penalty 

i	Interruption of enforcement/ postponement of the penalty/ measure

j	Remission of the penalty

k	Remission of the suspended penalty

l	End of penalty

n	Pardon

o	Amnesty

p	Release on parole (liberation of a person before end of the sentence
under certain conditions)

q	Rehabilitation (with or without the deletion of penalty from criminal
records)

r	Sanction specific to minors 

s	Non criminal ruling

			

	COM(2008) 332 final, 10122/08 COPEN 110.

	13212/08 COPEN 165

	Case 133/06.

	OJ C […], […], p. […].

	OJ C […], […], p. […].

	OJ L […], […], p. […].

	OJ C 53, 03.03.2005, p.1.

	OJ C 198, 12.8.2005, p. 1.

 	Recital introduced following amendment proposed by the European
Parliament in its report as adopted by the LIBE Committee. A6-0360/2008

 	Recital introduced in order to address the remaining scrutiny and
concerns expressed by AT.

	OJ L […], […], p. […].

 	Recital modified following amendment proposed by the European
Parliament in its report as adopted by the LIBE Committee. A6-0360/2008

 	Modification introduced in order to address concerns expressed by AT. 

	DE maintained its reservation on this provisions. This delegation
indicated that in practice the providing of the description envisaged in
this provision may prove too burdensome and that instead such
information should be collected within the scope of the work of the
experts meeting in the framework of Article 6. It is however noted, that
the introductory part of paragraph 1 specifies that the information will
be collected for the purposes of the preparation of Manual for
practitioners, referred to in Article 6.  

	Most delegations welcomed the general structure of the proposal for
article 6. CZ entered scrutiny reservation on paragraph 1 of this
Article. Specific considerations in relation to this point are set out
under II in the cover note. 

	Unless otherwise specified in this category,” trafficking” means
import, export, acquisition, sale, delivery, movement or transfer

	For the purpose of this subcategory trafficking includes acquisition,
sale, delivery, movement or transfer

	For the purpose of this subcatgegory trafficking includes import,
export, acquisition, sale, delivery, movement or transfer

 	For the purpose of this subcatgegory trafficking includes import,
export, acquisition, sale, delivery, movement or transfer

 	For example: particularly grave circumstances

	For the purpose of this subcategory trafficking includes import,
export, acquisition, sale, delivery, movement or transfer.

	For example rape with particular cruelty.

	Trafficking includes import, export, acquisition, sale, delivery,
movement or transfer

	Fixed or mobile placement.

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

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

	Fine expressed in daily units.

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

	Military demotion.

	Does not lead to avoidance of enforcement of penalty.

	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. 

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