Exchange of information on criminal records between EU Member States

 

SUMMARY OF:

Framework Decision 2009/315/JHA on the exchange, between EU Member States, of information extracted from criminal records

WHAT IS THE AIM OF THE FRAMEWORK DECISION?

• It establishes a decentralised information technology system for the exchange of information on convictions based on the criminal records databases in each European Union (EU) Member State, the European criminal records information system (ECRIS).
• It sets out the general principles for the exchange of information on convictions* between EU Member States.
• It defines obligations for the convicting Member State and for the Member State of which the convicted person is a national, and specifies the procedures to be followed when replying to a request for information on convictions.
• It is applicable in all Member States. Ireland and Denmark are not bound by the changes brought by amending Directive (EU) 2019/884. Furthermore, ECRIS Decision 2009/316/JHA still applies (see summary) in these two Member States.
• Changes introduced by amending Directive (EU) 2019/884 seek to ensure the effective exchange of information through ECRIS on convictions of non-EU nationals (including also stateless persons and persons whose nationality is unknown) handed down in the Member States. The directive therefore enables the information on such persons to be requested from the convicting Member States, as identified by a positive hit in ECRIS-TCN (see summary).
• It seeks to prevent criminals from escaping their past by moving to a different Member State than that in which they were convicted. It does so by ensuring that information on all their convictions is available whenever needed, irrespective of the Member State in which they were convicted.

KEY POINTS

Objectives

The objectives of the framework decision are to:

• set an obligation for a Member State convicting a national of another Member State to transmit information on the conviction to the Member State of which the person is a national;
• define the obligations of the Member State of which the person is a national as regards the storing of the received information on convictions as well as the procedures that a Member State must follow when replying to requests for information about its nationals;
• establish a set of rules for the development of a computerised system of exchange of information on convictions.

Designation of authorities

Member States must designate central authorities to carry out the tasks relating to the exchange of information.

Registering convictions and storing information

A convicting Member State must register the nationality or nationalities of the person convicted and, in the case of EU nationals, notify the Member State(s) of which they are a national about the details of the conviction, including information on:

• the convicted person;
• the nature and content of the conviction; and
• the offence that led to the conviction.

The Member State of which the convicted person is a national must store information sent to it in order to reply to requests for information on convictions of its nationals. The reply should:

• include information on convictions on its territory and in any other countries; and
• be completed within 10 working days, or within 20 working days if the request was made by a person concerning their own criminal record.

All data from criminal records must be stored exclusively in databases managed by the Member States. The central authority of a Member State will not have direct access to the criminal records databases of the other Member States.

Sharing information

• The information can be shared for the purpose of criminal proceedings or for any other legitimate purpose, e.g. pre-employment screenings. While replies to requests for the purpose of criminal proceedings are obligatory, those for other purposes should be done in accordance with national law.
• Member States must ensure that convictions are accompanied by information on the nationality, or nationalities, of the convicted person, where this information is available.
• When a central authority of a Member State receives a request for information from any relevant national authority, it may in turn ask for information from another Member State, in particular from the Member State of which the person concerned is a national.
• When a central authority of a Member State receives a request from a national of another Member State regarding their own criminal record, it must ask for information from the Member State of which they are a national and include it in the issued certificate.
• Where a non-EU national asks the central authority of a Member State for information on their own criminal record, that central authority must submit a request only to those central authorities of the Member States which hold information on the criminal record of that person for information and related data to be extracted from the criminal records; the request must include such information and related data in the extract to be provided to the person concerned.
• ECRIS permits the sharing of information from criminal records electronically; each Member State must carry out the technical alterations necessary for its use of the standardised format to electronically transmit all the required information to other Member States via ECRIS.
• The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (see summary) is responsible for maintaining and further developing the ECRIS reference implementation software.

Implementation

In 2020, the European Commission published a report on the exchange, through ECRIS, of information extracted from criminal records between Member States.

FROM WHEN DOES THE FRAMEWORK DECISION APPLY?

• The framework decision has applied since 27 April 2009. Member States had to incorporate it into national law by 27 April 2012.
• Changes introduced by amending Directive (EU) 2019/884 have applied in the Member States (except Ireland and Denmark) since 28 June 2022.

BACKGROUND

For further information, see:

• European criminal records information system (ECRIS) (European Commission).

KEY TERMS

MAIN DOCUMENT

Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, pp. 23–32).

Successive amendments to Framework Decision 2009/315/JHA have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Report from the Commission to the European Parliament and the Council concerning the exchange through the European Criminal Records Information System (ECRIS) of information extracted from criminal records between the Member States (COM(2020) 778 final, 21.12.2020).

Directive (EU) 2019/884 of the European Parliament and of the Council of 17 April 2019 amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third-country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA (OJ L 151, 7.6.2019, pp. 143–150).

Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, pp. 1–26).

See consolidated version.

Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99–137).

See consolidated version.

last update 20.10.2022