| No.
| Year of adoption
| Title
| Description (Home Office)
|
| | CRIMINAL OFFENCES AND PENALTIES
These measures require Member States to have in their national systems of criminal law prohibitions of certain types of conduct and minimum penalties for offences.
| |
|
| Fraud |
|
| 1 | 1995 |
Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities' financial interests
| Under the Convention and its protocols, all Member States must take the necessary measures to ensure that all acts of fraud and corruption affecting both expenditure and revenue of the EU budget receive adequate punishment including custodial sentence if offence is of a serious nature, to discourage and act as a form of deterrence to potential criminals. The instruments require provision in Member States' criminal law relating, for example, to the definition of criminal acts (fraud, corruption, money laundering), criminal liability or admissible sanctions in criminal proceedings.
|
| 8 | 1996 |
Council Act of 27 September 1996 drawing up a Protocol to the Convention on the protection of the European Communities' financial interests
| |
| 12 | 1997
| Council Act of 19 June 1997 drawing up the Second Protocol of the Convention on the protection of the European Communities' financial interests
| |
| 24 | 2000
| Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro
| The Framework Decision is designed to ensure that the Euro is appropriately protected against counterfeiting
|
| 34 | 2001
| Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro
| |
| 33 | 2001
| Council Decision 2001/887/JHA of 6 December 2001 on the protection of the euro against counterfeiting
| This measure lays down procedures for expert analysis of suspected counterfeit notes and coins and requires that the results of those analyses are forwarded to Europol.
|
| 29 | 2001
| Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment
| The Framework Decision ensures minimum standards for offences and penalties for fraud and counterfeiting involving all forms of non-cash means of payment (e.g. credit card and cheques).
|
|
| Corruption |
|
| 9 | 1997 |
Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union
| The Convention of 26 May 1997 requires Member States to have minimum standards for criminal offences and penalties relating to public sector corruption. The 2003 Council Decision makes the Convention applicable to Gibraltar.
|
| 49 | 2003
| Council Decision 2003/642/JHA of 22 July 2003 concerning the application to Gibraltar of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union
| |
| 47 | 2003
| Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector
| The Framework Decision requires Member States to have minimum standards for criminal law on corruption in the private sector.
|
|
| Drugs |
|
| 7 | 1996 |
Joint Action 96/750/JHA concerning the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking
| The aim of this measure is to ensure Member States take measures to tackle drug addiction, drug tourism and drug trafficking, including imposing penalties for drug trafficking offences. These objectives are broad based, e.g. consider further legislative proposals to combat synthetic drugs, endeavour to work with EU enforcement partners, take the most appropriate steps towards illicit plants
|
| 20 | 1999
| Council Decision 1999/615/JHA of 13 September 1999 defining 4-MTA as a new synthetic drug which is to be made subject to control measures and criminal penalties
| The 2005 Council Decision places a requirement on the UK to share information and intelligence with other Member States on new psychoactive substances (narcotic and psychotropic) (NPS) and, if required by a decision of the European Council, the UK is under a duty to submit a NPS to control measures and criminal sanctions. The other measures listed are the instances where the Council has made such decisions and required such control measures.
|
| 36 | 2002
| Council Decision 2002/188/JHA of 28 February 2002 concerning control measures and criminal sanctions in respect of the new synthetic drug PMMA
| |
| 50 | 2003
| Council Decision 2003/847/JHA of 27 November 2003 concerning control measures and criminal sanctions in respect of the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7 and TMA-2
| |
| 62 | 2005
| Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances
| |
| 76 | 2008 | Council Decision 2008/206/JHA of 3 March 2008 defining 1-benzylpiperazine (BZP) as a new psychoactive substance which is to be made subject to control measures and criminal provisions
| |
| 54 | 2004
| Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking
| The instrument requires member states to ensure their domestic legislation meets minimum standards on the constituent elements of criminal acts and penalties in the field of drug trafficking.
|
|
| Pornography |
|
| 23 | 2000
| Council Decision 2000/375/JHA to combat child pornography on the internet
| The Decision sets out how Member States should tackle online child pornography through the development of an appropriate law enforcement response, close working with the internet industry, and international cooperation.
|
|
| Terrorism |
|
| 39 | 2002
| Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism
| These measures set requirements for the creation of a number of terrorism and terrorism-related offences. Whilst not prescriptive, they require that Member States must be capable of prosecuting those offences, both where they are committed wholly or partially within its territory, and also where an offence has been committed elsewhere but extradition is not possible.
|
| 87 | 2008
| Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism
| |
|
| Illegal migration |
|
| 43 | 2002
| Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence
| This Framework Decision requires Member States to create a penal regime to prevent the facilitation and unlawful entry of illegal migrants to the EU
|
|
| Crimes against humanity
| |
| 51 | 2003
| Council Decision 2003/335/JHA on the investigation and prosecution of genocide, crimes against humanity and war crimes
| The purpose of this measure is to increase cooperation between Member States in the investigation and prosecution of persons who have committed or participated in the commission of genocide, crimes against humanity or war crimes.
Under this measure Member States shall take necessary measures for law enforcement authorities to be informed when facts are established which give rise to a suspicion that a migrant has committed such crimes. It includes three obligations a) to assist one another in investigating and prosecuting these crimes; b) to obtain relevant information where an application for leave to remain gives rise to suspicion (where the applicant has previously sought residence in another Member State), and; c) to oblige a Member State to inform if they become aware that a suspected person is in another Member State.
|
|
| Cyber attacks |
|
| 60 | 2005
| Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems
| The measure sets out how Member States should tackle attacks on information systems, such as illegal access, data theft and damage. The measures seek to tackle cyber crime through legislative, law enforcement and public/private partnership measures.
|
|
| Organised crime |
|
| 84 | 2008
| Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime
| The measure relates to Member States having legislation in place to counter organised crime, including minimum maximum imprisonment penalties (i.e. specifically to make it a criminal offence to participate in a criminal organisation in the Member States of the European Union with a maximum sentence of at least x years). It aims to enhance police and judicial cooperation in serious criminal matters with cross border dimensions.
|
|
| Racism |
|
| 86 | 2008
| Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law
| The Framework Decision calls on Member States to take necessary measures to ensure that criminal law is implemented in order to safeguard citizens from racism and xenophobia.
|
| | CRIMINAL PROCEDURE
| |
| | Confiscation of criminal assets
These measures require Member States to ensure that they have in their national systems of criminal law provisions enabling the tracing and confiscation of proceeds of crime, and that these provisions can be accessed from other Member States.
| |
| 17 | 1998
| Joint Action 98/699/JHA of 3 December 1998 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and proceeds from crime
| This Joint Action encourages improved cooperation between law enforcement authorities of Member States by ensuring that arrangements are in place that will permit investigators and prosecutors to direct requests from Member States for assistance in asset identification, tracing, freezing, or seizing and confiscation through appropriate channels.
|
| 31 | 2001
| Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime
(repealing Articles 1, 3, 5(1) and 8(2) of Joint Action 98/699/JHA)
| This measure recommends that Member States take steps to ensure that all requests from overseas authorities that relate to asset identification, tracing, freezing, or seizing and confiscation are processed with the same priority as given to domestic proceedings. It also recommends that that the scope of criminal activities which constitute principal offences for money laundering should be uniform and sufficiently broad in all Member States.
|
| 58 | 2005
| Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-related Proceeds, Instrumentalities and Property
| The aim of this measure is to ensure all Member States have effective rules governing the confiscation of proceeds from crime, and that they can confiscate all a criminal's assets and not just those generated by the instant conviction. Essentially it requires Member States to take measures to enable them to perform two types of confiscation:
- Confiscation of instrumentalities and proceeds of crime that are punishable by deprivation of liberty for more than a year, or property of a value corresponding to such proceeds; and
- Confiscation of property belonging directly or indirectly to persons convicted of certain serious offences, in particular where the property has been obtained as a result of criminal activities.
|
| | Victims in criminal proceedings
This measure provides for the involvement of victims in criminal proceedings.
| |
| 28 | 2001
| Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings
| The Framework Decision requires each Member State to give minimum rights to victims of crime to ensure that they have a suitable level of protection in criminal proceedings.
|
| | MUTUAL RECOGNITION OF NATIONAL DECISIONS
These measures provide for the decisions of national courts and other authorities to be accepted in other Member States and enforced on the same basis as those of their own courts and authorities.
| |
| 15 | 1998
| Council Act of 17 June 1998 drawing up the Convention on Driving Disqualifications
| By virtue of the EU driving licence directives (in particular Directive 2006/126/EC), European Economic Area (EEA) drivers who are disqualified in the State of residence which issued their driving licence are also disqualified from obtaining another licence in any other EEA State—effectively preventing them from driving anywhere else in the EEA.
This Convention on Driving Disqualifications is in addition to the above mentioned principles in the driving licence directives. It would enable such a driving disqualification to be recognised across the EEA.
The Convention has not come into force since being adopted in 1998 and would only come into force if all signatories ratified it. Other than the UK and Ireland, only six Member States have ratified it so far.
|
| 41 | 2002
| Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States
| The European Arrest Warrant (EAW) provides a mechanism for the surrender of alleged offenders between Member States.
|
| 48 | 2003
| Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence
| This measure establishes rules under which a Member State recognises and executes a "Freezing Order" for property or evidence issued by the judicial authority of another Member State in the framework of criminal proceedings.
|
| 59 | 2005
| Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties
| This Framework Decision requires Member States to collect fines (of over 70) transferred to them by other Member States as they would a domestic fine.
|
| 68 | 2006
| Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognitions to confiscation orders
| This instrument facilitates the direct execution of confiscation orders for the proceeds of crime by establishing simplified procedures for recognition among Member States and rules for dividing confiscated property between the Member State issuing the confiscation order and the one executing it.
|
| 83 | 2008
| 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
| This Framework Decision requires each Member State to ensure that its courts take account of previous convictions in EU Member States "to the extent previous national convictions are taken into account".
|
| 85 | 2008 | Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement in the European Union
| The Framework Decision permits Member States to transfer prisoners without the consent of the prisoner or the receiving Member State.
|
| 88 | 2008
| Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions
| The Framework Decision provides a basis for the mutual recognition and supervision of suspended sentences and alternative sanctions (e.g. community sentence) where a person has been sentenced in one Member State and voluntarily wishes to return to the Member State where he is ordinarily and lawfully resident, or where he wishes to go to another Member State and that State is willing to accept the sentence.
|
| 91 | 2008
| Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters
| The European Evidence Warrant was intended to speed up MLA between Member States through the introduction of a standardised request form and deadlines for dealing with requests (principally for search and seizure).
|
| 92 | 2009
| Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial
| EU instruments require mutual recognition of judgements in absentia (trial decisions where the defendant did not appear). This measure amends each to ensure adequate safeguards for the defendant.
|
| 97 | 2009
| Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions of supervision measures [bail] as an alternative to provisional detention
| The European Supervision Order (ESO) provides a mechanism for a person to be released on bail back to their Member State of residence and supervised there, while awaiting criminal proceedings in another Member State.
|
| | COOPERATION BETWEEN POLICE AND OTHER NATIONAL AUTHORITIES
These measures provide for forms of cooperation between the police forces and other enforcement authorities of the Member States.
| |
|
| Corruption |
|
| 135 | 2008
| Council Decision 2008/852/JHA on a contact-point network against corruption
| This measure seeks to improve cooperation between Member States by creating a network of contact points to prevent and combat corruption in Europe.
|
|
| Drugs |
|
| 4 | 1996 |
Joint Action 96/698/JHA on cooperation between customs authorities and business organizations in combating drug trafficking
| This measure aims to combat drug trafficking by requiring Member States to establish or further develop Memoranda of Understanding (MoUs) between the customs authorities of the Member States and business organisations operating in the EU, and provides guidelines for what such a MoU may include.
|
| 5 | 1996 |
Joint Action 96/699/JHA concerning the exchange of information on the chemical profiling of drugs to facilitate improved cooperation between Member States in combating illicit drug trafficking
| The aim of this piece of legislation is to enable the exchange of information relating to chemical profiling of drugs; facilitating interaction between Europol and Member States through Europol National Units and liaison bureaux. The instrument envisages the exchange of information relating to the chemical profiling of cocaine, heroin, LSD, amphetamines and their ecstasy-like derivatives MDA, MDMA and MDEA.
|
|
| Terrorism |
|
| 3 | 1996 |
Joint Action 96/610/JHA concerning the creation and maintenance of a Directory of specialized counter-terrorist competences, skills and expertise to facilitate counter-terrorist cooperation between the Member States of the European Union
| This measure seeks to create and maintain a Directory of specialised counter- terrorist competences, skills and expertise to facilitate counter-terrorist co-operation between EU Member States.
|
| 66 | 2005
| Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences
| The decision relates to the provision of information concerning terrorist offences to Eurojust, Europol and to other Member States. This includes designating a specialised service within the police service or law enforcement authorities to access, collect and make information available to Europol and Eurojust.
|
|
| Crimes against humanity
| |
| 40 | 2002
| Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes
| The purpose of Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes.
|
|
| Organised crime |
|
| 6 | 1996 |
Joint Action 96/747/JHA concerning the creation and maintenance of a directory of specialized competences, skills and expertise in the fight against international organized crime, in order to facilitate law enforcement cooperation between the Member States of the European Union
| The aim of this piece of legislation is to create a directory of areas of specialised competences, skills and expertise, which would make the latter more widely and easily available to authorities in Member States, thus enhancing the means at the disposal of Member States in the fight against crime.
|
| 13 | 1997
| Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime
| This instrument allows GENVAL Working group to conduct peer reviews. This aims to allow Member States to evaluate the application and implementation of instruments designed to combat international organised crime.
|
|
| Threats to order |
|
| 10 | 1997
| Joint Action 97/339/JHA of 26 May 1997 with regard to cooperation on law and order and security
| This measure mandates information sharing between Member States regarding large scale events which are attended by large numbers of people from more than one Member States such as sporting events, rock concerts, demonstrations etc. The primary purpose of this information sharing arrangement is to maintain law and order, protect people and their property and prevent criminal offences.
|
| 37 | 2002
| Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension
| These instruments set up the National Football Information Points to co-ordinate and facilitate international police co-operation and information exchange in connection with football matches with an international dimension.
|
| 72 | 2007
| Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension
| |
| 44 | 2002
| Council Decision 2002/956/JHA of 22 November 2002 setting up a European Network for the Protection of Public Figures
| These relate to setting up a European Network for the Protection of Public Figures (ENPPF) to enable the sharing/exchanging of information and intelligence relating to the protection of public figures (such as Heads of State) and members of Royal Families.
|
| 96 | 2009
| Council Decision 2009/796/JHA of 4 June 2009 amending Decision 2002/956/JHA setting up a European Network for the Protection of Public Figures
| |
|
| Vehicle crime |
|
| 56 | 2004
| Council Decision 2004/919/EC of 22 December 2004 on tackling vehicle crime with cross-border implications
| The instrument aims to create an effective network of Law Enforcement specialists (single points of contact) to exchange information and best practice in how to tackle organised (cross-border) vehicle crime.
|
|
| Investigations, evidence and exchange of information
| |
| 11 | 1997
| Joint Action 97/372/JHA of 9 June 1997 for the refining of targeting criteria, selection methods, et. and collection of customs and police information
| The action requires Member States to make the best use of targeting and selection methods to select consignments for examination to tackle drug trafficking. The action also requires the exchange of information and intelligence through the various EU information systems and action through joint operations.
|
| 14 | 1997
| Council Act of 18 December 1997 drawing up the Convention on mutual assistance and cooperation between customs administrations
| Naples II allows for the exchange of information and administrative assistance in order to combat the illicit trafficking of goods, in particular tobacco, drugs, weapons and terrorist materials. It is the basis for most cooperation between EU customs services on criminal matters.
|
| 16 | 1998
| Joint Action 98/427/JHA of 29 June 1998 on good practice in mutual legal assistance in criminal matters
| This measure requires Member States to send the Council Secretariat a statement of their good practice in the sending and executing of requests for mutual legal assistance (MLA).
|
| 18 | 1998
| Joint Action 98/700/JHA of 3 December 1998 concerning the setting up of a European Image Archiving System (FADO)
| FADO is a computerised archive containing images and textual information relating to falsified and authentic identity documents such as passports, identity cards, visas, residence permits and driving licences. A read-only, control version of the database called iFADO has also been developed which has been made available over the Government Secure Intranet (GSI) to the UK Border Agency and to other UK government departments with an interest in checking identity documents, such as the police, IPS, DVLA and the DWP.
|
| 22 | 2000
| Council Decision 2000/261/JHA of 27 March 2000 on the improved exchange of information to combat counterfeit travel documents
| Council Decision 2000/261/JHA of March 2000 introduces a standard form and questionnaire for use when providing information alerts about counterfeit documents other Member States.
The instrument followed on from Joint Action 98/7000/JHA of 3 December 1998 concerning the setting up of a European Image Archiving System (FADO). It was recognised that it would be some years before FADO was fully functional and this standard form was designed to fill the gap until then.
|
| 25 | 2000
| Council Act of 29 May 2000 establishing the Convention on mutual assistance in criminal matters between the Member States of the European Union
| The Convention on mutual assistance in criminal matters between the Member States ('the 2000 Convention') is currently one of the main instruments used between Member States for the provision of mutual legal assistance (MLA). It supplements the 1959 Council of Europe Convention on Mutual Assistance in Criminal Matters. It provides for some forms of co-operation (e.g. interception) that is not specifically provided for in the 1959 Convention. Its Protocol deals with requests for banking information
|
| 32 | 2001
| Council Act of 16 October 2001 establishing the Protocol to the Convention on mutual assistance in criminal matters between the Member states of the European Union
| |
| 27 | 2000
| Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements between financial intelligence units of the Member States in respect of exchanging information
| The purpose of this Decision is to build upon the earlier EU Directive 91/308/EEC of 10 June 1991 which permits cooperation between contact points within Member States to receive suspicious transaction reports on suspicious financial transactions and underlying criminal activity to prevent and combat money laundering. This Decision aims to enable the improved disclosure and exchange of financial information between Member State Financial Investigation Units (FIUs) in combating money laundering.
|
| 30 | 2001
| Council Decision 2001/419/JHA of 28 May 2001 on the transmission of samples of controlled substances
| The instrument provides a system for transmitting seized samples between authorities of Member States for the purposes of detection, investigation and prosecution of offences or for the forensic analysis of samples. Specifically, this instrument sets down the framework for exchange, and requires the UK to have a central coordinating body who will manage all elements of the exchange/transmission of samples.
|
| 38 | 2002
| Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams
| The instrument provides a framework for competent authorities in two or more Member States to set up a joint investigation team (JIT) to carry out criminal investigations in one or more of the Member States setting up the team.
|
| 69 | 2006
| Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union
| This instrument provides a systemised (standard form to be used) and time bound (8 hours) process for the exchange of information between Member State's law enforcement agencies.
|
| 79 | 2008
| Council Decision 2008/615/JHA of 23 June 2008 on stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
| Prüm requires Member States to allow the reciprocal searching of each others' databases for:
- DNA Profiles-required in 15 minutes.
- Vehicle Registration Data (VRD)-required in 10 seconds.
- Dactyloscopic Images (Fingerprints)-required in 24 hours.
For DNA and fingerprints the initial reply is a hit/no-hit. Personal data is not exchanged in this process. Prüm does not set out any requirements for following up any hits. For VRD personal data about the registered keeper will automatically be transmitted following a hit.
Prüm also contains provisions relating to the following areas:
- supply of data in relation to major events;
- supply of information in order to prevent terrorist offences;
- other measures for stepping up cross-border police cooperation.
|
| 80 | 2008
| Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Council Decision 2008/615/JHA on stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
| |
| 81 | 2008
| Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations
| The instrument is designed to provide a legal framework for Member States to provide law enforcement assistance (equipment or operational support) to one another in order to deal with man-made crisis situations, e.g. terrorist attack, hi-jacking, hostage-taking etc. It provides for a list of competent authorities to act as contact points and the provision of expertise, equipment and support to a requesting Member State.
|
| 93 | 2009
| 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
| These instruments require Member States to inform each other about convictions of EU nationals in another Member State. They also permit Member States to request the previous convictions of individuals from the Member State of nationality.
|
| 94 | 2009
| 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
| |
| 98 | 2009
| Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA
| The EUCPN focuses on reducing 'volume crime' deemed to be juvenile, urban and drug related via the sharing of best practice examples and promotion of crime prevention cooperation at national and local level. A public access website has been set up to facilitate this exchange.
|
| 99 | 2009
| Council Framework Decision 2009/905/JHA of 30 November 2009 on accreditation of forensic service providers carrying out laboratory activities
| The measure focuses on the quality standards to apply to forensic science laboratories covering DNA profiling and fingerprint development to ensure that the results of these activities carried out by accredited forensic science providers in one Member State are recognised by the authorities responsible for the prevention, detection and investigation of criminal offences as being equally reliable as the results of laboratory activities carried out by forensic science providers within any other Member State.
|
| 100 | 2009
| Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes
| Customs Information System (CIS) is an EU database which aims to strengthen and improve customs law enforcement cooperation through the sighting and reporting of discreet surveillance or specific checks. Specific checks refer to searches on individuals, objects and means of transport.
|
|
| Exchange of personnel
| |
| 2 | 1996 |
Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union
| The Joint Action establishes a framework for the posting or the exchange of liaison magistrates between Member States on the basis of bilateral or multilateral arrangements and outlines their function. More specifically, the Joint Action 'establishes a framework for the posting or the exchange of magistrates or officials with special expertise in judicial cooperation', and 'guidelines' of the joint action 'serve as a reference' when Member States 'decide to send liaison magistrates to another Member State.'
|
| 46 | 2003
| Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States
| The aim of this instrument is to promote cooperation between Member States in relation to the use of their Liaison Officers (LO) posted in third countries and international organisations. It provides that LOs should meet regularly and that and that they should respond to a request to exchange information from another Member States that does not have an LO as speedily as possible and in accordance with their national law (no requirement to provide the information).
The amending Decision allows Member States to request assistance from Europol LOs if they do not have a LO in that country.
|
| 65 | 2006
| Council Decision 2006/560/JHA of 24 July 2006 amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States
| |
|
| Recovery of proceeds of crime
| |
| 73 | 2007
| Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime
| This instrument obliges Member States to set up or designate national Asset Recovery Offices (ARO) to facilitate, through cooperation, the tracing and identification of the proceeds of crime and other crime related assets by exchanging information and best practice.
|
|
| Cooperation among prosecutors
| |
| 89 | 2008
| Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network
| The aim of the European Judicial Network is to improve judicial cooperation between EU Member States both at the legal and practical level in order to combat serious crime.
|
|
| International cooperation
| |
| 57 | 2005
| Council Common Position 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol
| This measure provides for the exchange of data with Interpol in relation to lost and stolen passports. It also provides that where a 'hit' is made that every effort shall be made to verify that data.
|
|
| Jurisdiction |
|
| 107 | 2009
| Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal matters
| This Framework Decision lays down procedures to be followed to prevent situations where the same person is subject to parallel criminal proceedings in different Member States in respect of the same facts. It obliges authorities in one Member State to contact authorities in another Member State where they have reasonable grounds to believe that parallel proceedings are being conducted in that other Member State and to enter into direct consultations. If they fail to reach consensus the matter must be referred to Eurojust if it is competent to act.
|
| | INSTITUTIONS
These measures establish EU agencies to facilitate cooperation between national authorities.
| |
|
| Europol |
|
| 19 | 1999
| Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees
| Europol is mandated to support Member States in the fight against organised crime and terrorism; to combat specific forms of serious crime and; to deal with crimes such as drug trafficking, trafficking in human beings, computer crime and forgery.
Europol also has a role in assessing threats from a European perspective, producing relevant threat assessments and strategic analyses. Europol provides a secure platform enabling direct contact between liaison officers from the EU member states and a number of third countries based in Europol's Headquarters.
|
| 21 | 1999
| Council Decision of 2 December 1999 amending the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees, with regard to the establishment of remuneration, pensions and other financial entitlements in euro
| |
| 64 | 2005
| Council Decision 2005/511/JHA of 12 July 2005 on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro-counterfeiting
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| 95 | 2009
| Council Decision 2009/371/JHA establishing the European Police Office (Europol)
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| 104 | 2009
| Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information
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| 105 | 2009
| Council Decision 2009/935/JHA of 30 November 2009 determining the list of third countries with which Europol shall conclude agreements
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| 106 | 2009
| Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files
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| 108 | 2009
| Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information
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| Data protection |
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| 26 | 2000
| Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)
| The Decision establishes a single, independent joint secretariat for the existing supervisory data protection bodies set up under the three Conventions listed in its title—the Europol Convention, the Convention on the Use of Information Technology for Customs Purposes and the Schengen Convention.
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|
| Eurojust |
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| 35 | 2002
| Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime
| Eurojust is mandated to "stimulate and improve coordination and cooperation" between judicial and law enforcement authorities in the investigation and prosecution of serious cross-border crime involving two or more Member States.
Eurojust itself does not lead on or direct investigations or prosecutions. Rather, Eurojust's core role is about support to judicial and law enforcement authorities in the investigation and prosecution of serious offences across Member States.
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| 77 | 2008
| Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime
| |
|
| European Police College
| |
| 67 | 2005
| Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA
| CEPOL provides training courses, seminars and conferences for senior police officers across the EU. Its specific tasks are:
(17) to increase knowledge of the national police systems and structures of other Member States and of cross-border police cooperation within the European Union;
(18) to improve knowledge of international and European Union instruments; and,
(19) to provide appropriate training with regard to respect for democratic safeguards, with particular reference to the rights of defence.
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|
| |
|
| | AGREEMENTS WITH THIRD COUNTRIES
These are international agreements made between the EU and third countries. Those on exchange of information contain provisions related to both criminal law and foreign policy issues.
| |
|
| Exchange of information
| |
| 53 | 2004
| Council Decision 2004/731/EC of 26 July 2004 concerning the conclusion of the Agreement between the European Union and Bosnia and Herzegovina on security procedures for the exchange of classified information Agreement between Bosnia and Herzegovina and the European Union on security procedures for the exchange of classified information
| These agreements put in place the rules by which classified EU information is shared with these third countries.
|
| 55 | 2004
| Council Decision of 2004/843/CFSP 26 July 2004 concerning the conclusion of the Agreement between the European Union and the Kingdom of Norway on security procedures for the exchange of classified information
| |
| 61 | 2005
| Council Decision 2005/296/CFSP, JHA of 24 January 2005 concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information Agreement between the former Yugoslav Republic of Macedonia and the European Union on the security procedures for the exchange of classified information (Council Decision 2005/296/CFSP/JHA of 24 January 2005)
| |
| 63 | 2005
| Council Decision 2005/481/CFSP of 13 June 2005 concerning the conclusion of the Agreement between the European Union and Ukraine on the security procedures for the exchange of classified information
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| 70 | 2006
| Council Decision 2006/317/CFSP of 10 April 2006 concerning the conclusion of the Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of classified information
| |
| 71 | 2006 | Council Decision 2006/467/CFSP of 21 November 2005 concerning the conclusion of the Agreement between the European Union and the Republic of Iceland on security procedures for the exchange of classified information
| |
| 75 | 2007
| Council Decision 2007/274/JHA of 23 April 2007 concerning the conclusion of the Agreement between the European Union and the Government of the United States of America on the security of classified information
| |
| 78 | 2008
| Council Decision 2008/568/CFSP of 24 June 2005 concerning the conclusion of the Agreement between the European Union and the Swiss Confederation on security procedures for the exchange of classified information
| |
| 109 | 2009
| Council Decision 2010/348/EC of 17 November 2009 concerning the conclusion of the Agreement between the Government of the Russian Federation and the European Union on the protection of classified information
| |
|
| Mutual Legal Assistance
| |
| 101 | 2009
| Agreement on mutual legal assistance between the European Union and the United States of America
| The EU-US agreement required a number of changes to the pre-existing 1994 MLA treaty between the UK and US (UK-US Treaty). Amendments were made to the UK-US treaty via an Exchange of Notes on 16 December 2004. These amendments were intended to supplement, not replace, bilateral arrangements.
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|
| Extradition |
|
| 102 | 2009 | Agreement on extradition between the European Union and the United States of America
| The EU-US Mutual Legal Assistance (MLA) and Extradition Agreements were proposed as part of a counter-terrorism package at a Justice and Home Affairs Council in September 2001 and entered into force on 01 February 2010. In order to meet the requirements of the EU-US Agreement the US and each of the EU Member States (including the UK) either entered into new agreements or adopted changes to current extradition treaties.
Council Decision 2009/933/CFSP extended the territorial scope of the Agreement to the Dutch Antilles.
|
| 103 | 2009
| Council Decision 2009/933/CFSP of 30 November 2009 on the extension, on behalf of the European Union, of the territorial scope of the Agreement on extradition between the European Union and the United States of America
| |
| 134 | 2003
| Council Decision 2003/169/JHA determining which provisions of the 1995 Convention on simplified extradition procedure between the Member States of the European Union and of the 1996 Convention relating to extradition between the Member States of the European Union constitute developments of the Schengen acquis in accordance with the Agreement concerning the Republic of Iceland's and the Kingdom of Norway's association with the implementation, application and development of the Schengen acquis[504]
| This measure seeks to establish which elements of the 1995 and 1996 Conventions, both of which relate to extradition procedures between Member States, constitute development of the Schengen acquis.
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| OTHER |
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| 45 | 2002
| Council Decision 2002/996/JHA of 28 November 2002 establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism
| The instrument establishes a mechanism for peer evaluation of legal systems between Member States with regards to the fight against terrorism. The instrument provides that the Presidency shall select evaluation teams of experts from experts proposed by Member States to visit and assess the national arrangements in Member States.
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| 90 | 2008
| 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
| The measure governs data protection for data processed within the framework of JHA. The purpose of the measure is to encourage the cross-border exchange of law enforcement information by establishing a common level of privacy protection and a high level of security when Member States exchange personal data. It aims to balance the rights of data subjects with the need to protect the public.
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