
Article 1 
This Decision establishes the European Criminal Records Information System (ECRIS).
This Decision also establishes the elements of a standardised format for the electronic exchange of information extracted from criminal records between the Member States, 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 means related to organising and facilitating the exchange of information.
Article 2 
For the purposes of this Decision, the definitions laid down in Framework Decision 2009/315/JHA shall apply.
Article 3 

1. ECRIS is a decentralised information technology system based on the criminal records databases in each Member State. It is composed of the following elements:
(a) an interconnection software built in compliance with a common set of protocols enabling the exchange of information between Member States' criminal records databases;
(b) a common communication infrastructure that provides an encrypted network.
2. This Decision is not aimed at establishing any centralised criminal records database. All criminal records data shall be stored solely in databases operated by the Member States.
3. Central authorities of the Member States referred to in Article 3 of Framework Decision 2009/315/JHA shall not have direct online access to criminal records databases of other Member States. The best available techniques identified together by Member States with the support of the Commission shall be employed to ensure the confidentiality and integrity of criminal records information transmitted to other Member States.
4. The interconnection software and databases storing, sending and receiving information extracted from criminal records shall operate under the responsibility of the Member State concerned.
5. The common communication infrastructure shall be the 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 6.
6. The common communication infrastructure shall be operated under the responsibility of the Commission, and shall fulfil the security requirements and thoroughly respond to the needs of ECRIS.
7. In order to ensure the 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(2)(b)(i) and the reference implementation software.
8. Notwithstanding the possibility of using the European Union 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 its 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, as well as the implementation and future developments of the reference implementation software.
Article 4 

1. When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the name or legal classification of the offence and to the applicable legal provisions, Member States shall refer to the corresponding code for each of the offences referred to in 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 sub-category, the ‘open category’ code of the relevant or closest category of offences or, in the absence of the latter, an ‘other offences’ code, shall be used for that particular offence.Member States may also provide available information relating to the level of completion and the level of participation in the offence and, where applicable, to the existence of total or partial exemption from criminal responsibility or to recidivism.
2. When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the contents of the conviction, notably 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 penalties and measures referred to in the transmission, as provided for in the table of penalties and measures in Annex B. By way of exception, where the penalty or measure does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of penalties and measures or, in the absence of the latter, an ‘other penalties and measures’ code, shall be used for that particular penalty or measure.Member States shall also provide, where applicable, available information relating to the nature and/or conditions of execution of the penalty or measure 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 a ruling is provided on a voluntary basis by the Member State of nationality of the person concerned, when replying to a request for information on convictions.
Article 5 

1. The following information shall be provided by the Member States to the General Secretariat of the Council, with a view in particular to drawing up the non-binding manual for practitioners referred to in Article 6(2)(a):
(a) 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 provisions. It may also include a short description of the constitutive elements of the offence;
(b) the list of types of sentences, possible supplementary penalties and 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 penalties and measures in Annex B. It may also include a short description of the specific penalty or measure.
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.
Article 6 

1. The Council, acting by a qualified majority and after consulting 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 penalties and measures listed respectively 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 making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;
((ii)) the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;
((iii)) the establishment of procedures verifying the conformity of the national software applications with the technical specifications.
Article 7 
The Commission services shall regularly publish a report concerning the exchange, through ECRIS, of information extracted from the criminal record based in particular on the statistics referred to in Article 6(2)(b)(i). This report shall be published for the first time one year after submitting the report referred to in Article 13(3) of Framework Decision 2009/315/JHA.
Article 8 

1. Member States shall take the necessary measures to comply with the provisions of this Decision by 7 April 2012.
2. Member States shall use the format specified in Article 4 and comply with the means of organising and facilitating exchanges of information laid down in this Decision from the date notified in accordance with Article 11(6) of Framework Decision 2009/315/JHA.
Article 9 
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
Done at Luxembourg, 6 April 2009.
For the Council
The President
J. POSPÍŠIL
ANNEX A
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 responsibility: Insanity or diminished responsibility S
Recidivism RCode Categories and sub-categories of offences
0100 00open category Crimes within the jurisdiction of the International Criminal Court
0101 00 Genocide
0102 00 Crimes against humanity
0103 00 War crimes
0200 00open 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 00open category Terrorism
0301 00 Directing a terrorist group
0302 00 Knowingly participating in the activities of a terrorist group
0303 00 Financing of terrorism
0304 00 Public provocation to commit a terrorist offence
0305 00 Recruitment or training for terrorism
0400 00open 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 Trafficking in human beings for the purposes of labour or services exploitation of a minor
0406 00 Trafficking in human beings for the purposes of the exploitation of the prostitution of minors or other forms of their sexual exploitation
0407 00 Trafficking in human beings for the purposes of organ or human tissue removal of a minor
0408 00 Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude of a minor
0500 00open 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 00open 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 Unintentional environmental offences
0700 00open 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 00open 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 00open 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
0911 00 Invasion of privacy other than illegal entry into private property
0912 00 Offences against protection of personal data
0913 00 Illegal interception of data or communication
0914 00 Discrimination on grounds of gender, race, sexual orientation, religion or ethnic origin
0915 00 Public incitement to racial discrimination
0916 00 Public incitement to racial hatred
0917 00 Blackmail
1000 00open 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 Sexual exploitation of children
1009 00 Offences related to child pornography or indecent images of minors
1010 00 Rape of a minor
1011 00 Sexual assault of a minor
1100 00open category Offences against 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 00open 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 00open category Offences against public property or public interests
1301 00 Public, social security or family benefit fraud
1302 00 Fraud affecting European benefits or allowances
1303 00 Offences related to illegal gambling
1304 00 Obstructing of public tender procedures
1305 00 Active or passive corruption of a civil servant, a person holding public office or public authority
1306 00 Embezzlement, misappropriation or other diversion of property by a public official
1307 00 Abuse of a function by a public official
1400 00open category Tax and customs offences
1401 00 Tax offences
1402 00 Customs offences
1500 00open category Economic and trade related offences
1501 00 Bankruptcy or fraudulent insolvency
1502 00 Breach of accounting regulation, embezzlement, concealment of assets or unlawful increase in a company’s liabilities
1503 00 Violation of competition rules
1504 00 Laundering of proceeds from crime
1505 00 Active or passive corruption in the private sector
1506 00 Revealing a secret or breaching an obligation of secrecy
1507 00 ‘Insider trading’
1600 00open category Offences against property or causing damage to goods
1601 00 Unlawful appropriation
1602 00 Unlawful appropriation or diversion of energy
1603 00 Fraud, including swindling
1604 00 Dealing in stolen goods
1605 00 Illicit trafficking in cultural goods, including antiques and works of art
1606 00 Intentional damage or destruction of property
1607 00 Unintentional damage or destruction of property
1608 00 Sabotage
1609 00 Offences against industrial or intellectual property
1610 00 Arson
1611 00 Arson causing death or injury to persons
1612 00 Forest arson
1700 00open category Theft offences
1701 00 Theft
1702 00 Theft after unlawful entry into property
1703 00 Theft, using violence or weapons, or using threat of violence or weapons against person
1704 00 Forms of aggravated theft which do not involve use of violence or weapons, or use of threat of violence or weapons, against persons.
1800 00open category Offences against information systems and other computer-related crime
1801 00 Illegal access to information systems
1802 00 Illegal system interference
1803 00 Illegal data interference
1804 00 Production, possession, dissemination of or trafficking in computer devices or data enabling commitment of computer-related offences
1900 00open category Forgery of means of payment
1901 00 Counterfeiting or forging currency, including the euro
1902 00 Counterfeiting of non-cash means of payment
1903 00 Counterfeiting or forging public fiduciary documents
1904 00 Putting into circulation/using counterfeited or forged currency, non-cash means of payment or public fiduciary documents
1905 00 Possession of a device for the counterfeiting or forgery of currency or public fiduciary documents
2000 00open category Falsification of documents
2001 00 Falsification of a public or administrative document by a private individual
2002 00 Falsification of a document by a civil servant or a public authority
2003 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
2004 00 Using forged public or administrative documents
2005 00 Possession of a device for the falsification of public or administrative documents
2006 00 Forgery of private documents by a private individual
2100 00open category Offences against traffic regulations
2101 00 Dangerous driving
2102 00 Driving under the influence of alcohol or narcotic drugs
2103 00 Driving without a licence or while disqualified
2104 00 Failure to stop after a road accident
2105 00 Avoiding a road check
2106 00 Offences related to road transport
2200 00open category Offences against labour law
2201 00 Unlawful employment
2202 00 Offences relating to remuneration, including social security contributions
2203 00 Offences relating to working conditions, health and safety at work
2204 00 Offences relating to access to or exercise of a professional activity
2205 00 Offences relating to working hours and rest time
2300 00open category Offences against migration law
2301 00 Unauthorised entry or residence
2302 00 Facilitation of unauthorised entry and residence
2400 00open category Offences against military obligations
2500 00open category Offences related to hormonal substances and other growth promoters
2501 00 Illicit importation, exportation or supply of hormonal substances and other grown promoters
2600 00open category Offences related to nuclear materials or other hazardous radioactive substances
2601 00 Illicit importation, exportation, supply or acquisition of nuclear or radioactive materials
2700 00open category Other offences
2701 00 Other intentional offences
2702 00 Other unintentional offences






ANNEX B
Code Categories and sub-categories of offences
1000open category Deprivation of freedom
1001 Imprisonment
1002 Life imprisonment
2000open 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
2007 Obligation to report at specified times to a specific authority
2008 Obligation to stay/reside in a certain place
2009 Obligation to be at the place of residence on the set time
2010 Obligation to comply with the probation measures ordered by the court, including the obligation to remain under supervision
3000open 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
4000open category Prohibition or expulsion from territory
4001 Prohibition from national territory
4002 Expulsion from national territory
5000open category Personal obligation
5001 Submission to medical treatment or other forms of therapy
5002 Submission to a social-educational programme
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
6000open category Penalty on personal property
6001 Confiscation
6002 Demolition
6003 Restoration
7000open category Placing in an institution
7001 Placing in a psychiatric institution
7002 Placing in a detoxification institution
7003 Placing in an educational institution
8000open category Financial penalty
8001 Fine
8002 Day-fine
8003 Fine for the benefit of a special recipient
9000open category Working penalty
9001 Community service or work
9002 Community service or work accompanied with other restrictive measures
10000open category Military penalty
10001 Loss of military rank
10002 Expulsion from professional military service
10003 Military imprisonment
11000open category Exemption/deferment of sentence/penalty, warning
12000open category Other penalties and measures





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
f Alternative penalty/measure imposed as principal penalty
g Alternative penalty/measure imposed initially in case of non-respect of the principal penalty
h Revocation of suspended penalty/measure
i Subsequent formation of an overall penalty
j Interruption of enforcement/postponement of the penalty/measure
k Remission of the penalty
l Remission of the suspended penalty
n End of penalty
o Pardon
p Amnesty
q Release on parole (liberation of a person before end of the sentence under certain conditions)
r Rehabilitation (with or without the deletion of penalty from criminal records)
s Penalty or measure specific to minors
t Non-criminal ruling

