52014SC0034

COMMISSION STAFF WORKING DOCUMENT

Tables "State of play" and "Declarations"

Accompanying the document

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention

ANNEX 1 Table State of Play of implementation of the three Framework Decisions by the Member States

|| FD 2008/909/JHA ON TRANSFER OF PRISONERS || FD 2008/947/JHA ON PROBATION AND ALTERNATIVE SANCTIONS || FD 2008/829/JHA ON EUROPEAN SUPERVISION ORDER

Deadline for implementation || 5.12.2011 || 6.12.2011 || 1.12.2012

AT || YES (1.1.2012) || YES (1.8.2013) || YES (1.8.2013)

BE || YES (18.6.2012) || YES (23.6.2013) || NO

BG || NO || YES (14.3.2012) || NO

CZ || YES (1.1.2014) || YES (1.1.2014) || YES (1.1.2014)

CY || NO || NO || NO

DE || NO || NO || NO

DK || YES (5.12.2011) || YES (5.12.2011) || YES (1.12.2012)

EE || NO || NO || NO

EL || NO || NO || NO

ES || NO || NO || NO

FI || YES (5.12.2011) || YES (5.12.2011) || YES (1.12.2012)

FR || YES (7.8.2013) || NO || NO

HR || YES (1.7.2013) || YES (1.7.2013) || YES (1.7.2013)

HU || YES (1.1.2013) || YES (1.1.2013) || YES (1.1.2013)

IE || NO || NO || NO

IT || YES (7.9.2010) || NO || NO

LT || NO || NO || NO

LU || YES (1.3.2011) || NO || NO

LV || YES (1.7.2012) || YES (1.7.2012) || YES (1.7.2012)

MT || YES (1.1.2012) || NO || NO

NL || YES (1.11.2012) || YES (1.11.2012) || YES (1.11.2013)

PL || YES (1.1.2012) || YES (1.1.2012) || YES (1.12.2012)

PT || NO || NO || NO

RO || YES (25.12.2013) || YES (25.12.2013) || YES (25.12.2013)

SE || NO || NO || NO

SI || YES (20.9.2013) || YES (20.9.2013) || YES (20.9.2013)

SK || YES (1.2.2012) || YES (1.2.2012) || YES (1.7.2013)

UK || YES (5.12.2011) || NO || NO

TOTAL: || 18 MS || 14 MS || 12 MS

ANNEX 2 Table of Declarations[1]

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 (Transfer of Prisoners)

|| Article 2(1) (Competent Authorities) || Article 23 (Languages) || Article 26(4) (Existing and new agreements) || Article 4(7) (Reciprocity and prior consent) || Article 7(4) (Double criminality) || Article 28(2) (Transitional provisions)

AT || Executing: Regional Courts Issuing: The Federal Ministry of Justice || German || || Yes || Yes ||

BE || Executing: Public Prosecutor of Brussels. If consent is required: Ministry of Justice Issuing: Public Prosecutor of the judicial district in which the sentence was issued or Ministry of Justice (if the person is in Belgium) || Dutch, French, German or English || || || ||

BG || || || || || ||

CZ || Executing: Regional Courts Issuing: District Courts, Regional Courts, the Municipal Court in Prague and the Municipal Court in Brno || Czech, Slovak Article 23(3): the translation into Czech or Slovak of the judgment or essential parts of it, can be requested || || || Yes ||

DK || Executing/Issuing: Ministry of Justice || Danish || Yes || || ||

DE || || || || || ||

EE || || || || || ||

EL || || || || || ||

ES || || || || || ||

FI || Executing: District Courts Issuing: Central administrative office of the Criminal Sanctions Agency || Finnish, Swedish or English || Yes || || ||

FR || Executing: The District Prosecutor Issuing: The Public Prosecutor || || || || ||

HR || Executing: County Courts or, if the competence cannot be established, the County Court of Zagreb Issuing: County Courts || Croatian or English (in urgent cases) || || || Yes ||

HU || Executing/Issuing: Ministry of Public Administration and Justice || Hungarian Article 23(3): the translation into Hungarian of the judgment or essential parts of it, can be requested || || || Yes ||

IE || || || || || Yes || Yes

IT || Executing/Issuing: Ministry of Justice || || "In relation to Romania, Italy intends to continue to apply existing bilateral agreement on cooperation for transfer of sentenced persons to custodial sentences; sentenced persons to whom has been imposed the measure of deportation or that of accompanying to the border, as laid down by the Italian Law (n. 281 of 30/12 /2005) entered into force on 11/04/2006, in so far as such cooperation allows the objectives of the Framework Decision to be extended or enlarged and helps to simplify or facilitate further the procedures for the enforcement of custodial sentences" || || ||

CY || || || || || ||

LV || Executing/Issuing: District Courts Ministry of Justice (Central Authority) || Latvian || || || ||

LT || || || || || ||

LU || Executing/Issuing: State Public Prosecutor's Office || French, English and German || || || ||

MT || Executing: The Office of the Attorney General Issuing: The Court of Criminal Jurisdiction || Maltese or English || || || || Yes

NL || Executing/Issuing: Ministry of Justice || Dutch and English || || || Yes || Yes

PL || Executing/Issuing: Regional Courts || Polish || || || Yes || Yes

PT || || || || || ||

RO || || || || || ||

SI || Executing: District Courts or, if the competence cannot be established, District Court in Ljubljana Issuing: District Courts || Slovenian, English Article 23(3): the translation into Slovenian of the judgment or essential parts of it, can be requested || || || Yes ||

SK || Executing: Regional Courts or, if the competence cannot be established, Regional Court in Bratislava Issuing: Regional Courts || Slovak Article 23(3): the translation into Slovak of the judgment or essential parts of it, can be requested || || || ||

SE || || || || || ||

UK || Executing/Issuing: England and Wales: The Cross Border Transfer Section National Offender Management Service London Scotland: Scottish Prison Service Headquarters Edinburgh Northern Ireland: The Northern Ireland Prison Service Belfast || English || || || ||

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 (Probation and Alternative Sanctions)

|| Article 3(1) (Competent Authorities) || Article 4(2) (Additional types of probation measures and alternative sanctions) || Article 5(4) (Conditions of forwarding a judgment / probation decision) || Article 10(4) (Double criminality) || Article 14(3) (Refusal to assume responsibility for subsequent decisions) || Article 21 (Languages) || Article 23 (Other agreements and arrangements)

AT || Executing: Regional Courts Issuing: District Courts and Regional Courts || || If particular circumstances or links of the sentenced person to Austria are of such intensity that monitoring in Austria will serve the facilitation of social rehabilitation and reintegration of the sentenced person into society || || In certain cases, AT will refuse to assume responsibility for subsequent decisions referred to in Article 14(1)(b) and (c) || German Other languages if based on reciprocity, i.e. that the executing State shall accept certificates in German ||

BE || Executing: Public Prosecutor. If consent is required: Ministry of Justice Issuing: Public Prosecutor || || || || || Dutch, French, German, English ||

BG || Executing: Provincial Courts or Sofia City Court Issuing: First-instance Courts || || In exceptional cases, if the person is present in, or will move to Bulgaria, in order to work, study, or train or because he is a family member of a lawful resident of Bulgaria || || || Bulgarian ||

CZ || || || || || || ||

CY || || || || || || ||

DE || || || || || || ||

DK || Executing/Issuing : Ministry of Justice or his/her representative - Department of Prisons and Probation || Decisions on intensive monitoring at the sentenced person's place of residence || || || In certain cases, DK will refuse to assume responsibility for subsequent decisions referred to in Article 14(1)(b) and (c) || Danish ||

EE || || || || || || ||

EL || || || || || || ||

ES || || || || || || ||

FI || Executing/Issuing : Central administrative office of the Criminal Sanctions Agency / District courts || || Where probation in Finland because of particular personal circumstances or other special reason would favour chances of adjusting to society || || In certain cases, FI will refuse to assume responsibility for subsequent decisions referred to in Article 14(1)(b) and (c) || Finnish, Swedish English || Act on cooperation between Finland and other Nordic States will continue to apply

FR || || || || || || ||

HR || Executing: County Courts or, if the competence cannot be established, County Court of Zagreb Issuing: County Courts for the decisions issued by themselves as well as for the decisions of the municipal courts from the area of their local competence || - the court may order the offender to pay a certain amount of money within a certain date in favour of a public institution, or towards humanitarian or charitable purposes, or into a fund for compensating victims of crime, if appropriate with regard to the offence committed and the identity of the offender, -the supervised disposal of revenue in accordance with the needs of the persons whom offenders are required to support by law and according to the advice of the probation authority, -protective orders for the benefit of the victim or other persons, -the prohibition of harassing or stalking victims or any other person, -the fulfilment of maintenance obligations || Consent of the Ministry of Justice together with that of the sentenced person is required.  The social rehabilitation and reintegration of the sentenced person will be taken into account || || In certain cases, HR will refuse to assume responsibility for subsequent decisions referred to in Article 14(1)(b) and (c) || Croatian or English (in urgent cases) ||

HU || Executing: Local Courts or, if the competence cannot be established, Buda Central District Court Issuing: Local Courts || - ban from visiting sport events - work performed in amends || If the sentenced person provides proof of close family, cultural or economic connections with Hungary || Yes || || Hungarian ||

IE || || || || || || ||

IT || || || || || || ||

LT || || || || || || ||

LU || || || || || || ||

LV || Executing/Issuing: District Courts Ministry of Justice (Central Authority) || || || || || Latvian ||

MT || || || || || || ||

NL || Executing/Issuing: Public Prosecutor in Haarlem || Decision on electronic supervision || || Yes || In certain cases, NL will refuse to assume responsibility for subsequent decisions referred to in Article 14(1)(b) and (c) || Dutch and English ||

PL || Executing/Issuing: District Courts, Regional Courts, Regional Court of Warsaw || || Where the Polish authorities deem that this would better serve the educational or preventive aims of the sanction || Yes || In certain cases, PL will refuse to assume responsibility for subsequent decisions referred to in Article 14(1)(b) and (c) || Polish ||

PT || || || || || || ||

RO || || || || || || ||

SE || || || || || || ||

SI || Executing: District Courts or, if the competence cannot be established, District Court in Ljubljana. Issuing: District Courts || || || || In certain cases, SI will refuse to assume responsibility for subsequent decisions referred to in Article 14(1)(b) and (c) || Slovenian, English ||

SK || Executing: Regional Courts or, if the competence cannot be established, Regional Court in Bratislava Issuing: Regional Courts || || || || || Slovak ||

UK || || || || || || ||

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application of mutual recognition to decisions on supervision measures as an alternative to provisional detention (European Supervision Order)

|| Article 6 (1) (Competent Authorities) || Article 7 (3) (Recourse to Central Authority) || Article 8 (2) (Types of supervision measures) || Article 9 (4)  (Conditions of forwarding supervision measures) || Article 14 (4) (Double criminality) || Article 21 (3) (Surrender of the person) || Article 24 (Languages) || Article 26 (3)(4) (Existing and new agreements)

AT || Executing: Regional Courts Issuing: Regional Courts || || - an obligation not to drive a vehicle - an obligation to deposit a certain sum of money or to give another type of guarantee - an obligation to undergo therapeutic treatment or treatment for addiction || If particular circumstances or links of the sentenced person to Austria are of such intensity that monitoring in Austria will serve the social rehabilitation and reintegration of the sentenced person into society || || AT will apply Article 2 (1) of FD EAW || German Other languages if based on reciprocity, i.e. that the executing State shall accept certificates in German ||

BE || || || || || || || ||

BG || || || || || || || ||

CZ || Executing: District Courts Issuing:   - all Courts (District Courts, Regional Courts, High Courts, the Municipal Court in Prague, the Municipal Court in Brno and the Supreme Court) - all Prosecutors' Offices (District Prosecutors' Offices, Regional Prosecutors' Offices, High Prosecutors' Offices, the Municipal Prosecutor's Office in Prague, the Municipal Prosecutor's Office in Brno and the Supreme Prosecutor's Office) || Ministry of Justice and the Supreme Prosecutor's Office || || - the person against whom such a decision is directed requests that it be sent to the Czech Republic for recognition and execution; - the person against whom such a decision is directed is staying in the Czech Republic, or if it can reasonably be assumed that this person intends to stay here; and - a single judge agrees to accept the decision of that Member State for recognition and execution in the Czech Republic because of the appropriateness and effectiveness of this procedure in terms of ensuring that influence is successfully exerted on that person and that his conduct is efficiently controlled || || CZ will apply Article 2 (1) of FD EAW || Czech, Slovak ||

CY || || || || || || || ||

DE || || || || || Yes || || ||

DK || Executing/Issuing: Ministry of Justice || || Other measures which are less severe than provisional detention including those listed in Article 8(2) || || || DK will apply Article 2(1) of FD EAW || Danish ||

EE || || || || || || || ||

EL || || || || || || || ||

ES || || || || || || || ||

FI || Executing: Public Prosecutor Issuing: - Public Prosecutor -District Courts, Courts of Appeal and Supreme Court || Ministry of Justice || || Consent may be given if the person concerned has requested that supervision be carried out in Finland and if this is justifiable on grounds of the personal circumstances of the supervised person or for some other special reason || || || Finnish, Swedish or English. The competent authority may also accept contact requests in another language if no obstacle to its use exists ||

FR || || || || || || || ||

HR || Executing: The County State Attorney's Offices, if the competence cannot be established, County Court of Zagreb Issuing: County Courts || Ministry of Justice || - the execution of measures prohibiting the performance of certain business activities - the prohibition of driving motor vehicles, with the temporary suspension of driving licences || Consent may be given at the request of the person whom these measures refer to, on the condition that the latter authority consents to it and if the person has given consent, provided that the person has resided in Croatia at least one year and is bound by family or business connections || || HR will apply Article 2(1) of FD EAW || Croatian or English (in urgent cases) ||

HU || Executing: Local Courts or, if the competence cannot be established, Buda Central District Court Issuing: Local Courts || || || If the sentenced person provides proof of close family, cultural or economic connections with Hungary || Yes || || Hungarian ||

IE || || || || || || || ||

IT || || || || || || || ||

LT || || || || || Yes || || ||

LU || || || || || || || ||

LV || Executing/Issuing: Prosecutor General's Office || || || || || || Latvian ||

MT || || || || || || || ||

NL || Executing/Issuing: Public Prosecutor in Haarlem || || Decision on electronic supervision || If the person concerned has requested the decision to be forwarded and if proven and sufficient links exists with the Netherlands || || NL will apply Article 2(1) of FD EAW || Dutch and English ||

PL || Executing: Public Prosecutor's Offices Issuing: Regional Courts or Public Prosecutor's Offices || || - the obligation to refrain from carrying out an official function or profession - the obligation to refrain from engaging in a specified type of activity - the obligation to refrain from driving a specified type of vehicle || A public prosecutor may consent to the execution of a ruling against a person who is not lawfully and ordinarily residing in Poland if it greatly contributes to ensuring the proper conduct of proceedings || Yes || || ||

PT || || || || || || || ||

RO || || || || || || || ||

SE || || || || || || || ||

SI || Executing: District Courts or, if the competence cannot be established, District Court in Ljubljana Issuing: District Courts || || - an obligation not to engage in specified activities in relation with the offence(s) allegedly committed, which may include involvement in a specified profession or field of employment -  an obligation not to drive a vehicle - an obligation to deposit a certain sum of money or to give another type of guarantee, which may either be provided through a specified number of instalments or entirely at once - an obligation to undergo therapeutic treatment or treatment for addiction || If it may be expected, based on the circumstances of each individual case, that the defendant will permanently or temporary reside on the territory of Slovenia during the enforcement of the measure and the supervision of the enforcement will be effective || || || Slovenian, English ||

SK || Executing: Regional Courts or, if the competence cannot be established, Regional Court in Bratislava Issuing: Regional Courts || || - an obligation not to engage in specific activities in relation with the offence(s) allegedly committed, which may include working in a specified profession or field of employment - driving bans || If it is the Member State in which the person concerned has their habitual residence and was previously authorised by the competent authority of the Member State to which the decision on supervision measures is referred Condition that the person concerned has their habitual residence in the Slovak Republic, unless other reasons arising from the Framework Decision prevent this || || || Slovak ||

UK || || || || || || || ||

[1]               The purpose of this table is to begin a compilation of the declarations made by the Member States pursuant to the provisions of the Framework Decisions. The accuracy of the data therein will depend on the information provided by Member States.