Annexes to COM(2006)468 - European supervision order in pre-trial procedures between Member States of the EU - Main contents

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dossier	COM(2006)468 - European supervision order in pre-trial procedures between Member States of the EU.
document	COM(2006)468
date	October 23, 2009

ANNEX I

CERTIFICATE

referred to in Article 10 of 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 on supervision measures as an alternative to provisional detention (1)

(a) Issuing State:

Executing State:

(b) Authority which issued the decision on supervision measures:

Official name:

Please indicate whether any additional information concerning the decision on supervision measures is to be obtained from:

	the authority specified above

	the central authority; if you ticked this box, please provide the official name of this central authority:

	another competent authority; if you ticked this box, please provide the official name of this authority:

Contact details of the issuing authority/central authority/other competent authority

Address:

Tel. No: (country code) (area/city code)

Fax No: (country code) (area/city code)

Details of the person(s) to be contacted

Surname:

Forename(s):

Position (title/grade):

Tel. No: (country code) (area/city code)

Fax No: (country code) (area/city code)

E-mail (if any):

Languages that may be used for communication:

(c) Please indicate which authority is to be contacted if any additional information is to be obtained for the purposes of monitoring the supervision measures:

	the authority referred to in point (b)

	another authority; if you ticked this box, please provide the official name of this authority:

Contact details of the authority, if this information has not yet been provided under point (b)

Address:

Tel. No: (country code) (area/city code)

Fax No: (country code) (area/city code)

Details of the person(s) to be contacted

Surname:

Forename(s):

Position (title/grade):

Tel. No: (country code) (area/city code)

Fax No: (country code) (area/city code)

E-mail (if any):

Languages that may be used for communication:

(d) Information regarding the natural person in respect of whom the decision on supervision measures has been issued:

Surname:

Forename(s):

Maiden name, where applicable:

Aliases, where applicable:

Sex:

Nationality:

Identity number or social security number (if any):

Date of birth:

Place of birth:

Addresses/residences:

—	in the issuing State:

—	in the executing State:

—	elsewhere:

Language(s) understood (if known):

If available, please provide the following information:

—	Type and number of the identity document(s) of the person (ID card, passport):

—	Type and number of the residence permit of the person in the executing State:

(e) Information regarding the Member State to which the decision on supervision measures, together with the certificate are being forwarded

The decision on supervision measures, together with the certificate are being forwarded to the executing State indicated in point (a) for the following reason:

	the person concerned has his/her lawful and ordinary residence in the executing State and, having been informed about the measures concerned, consents to return to that State

	the person concerned has requested to forward the decision on supervision measures to the Member State other than that in which the person is lawfully and ordinarily residing, for the following reason(s):

(f) Indications regarding the decision on supervision measures:

The decision was issued on (date: DD-MM-YYYY):

The decision became enforceable on (date: DD-MM-YYYY):

If, at the time of transmission of this certificate, a legal remedy has been introduced against the decision on supervision measures, please tick this box … 

File reference of the decision (if available):

The person concerned was in provisional detention during the following period (where applicable):

The decision covers in total: … alleged offences.

Summary of the facts and description of the circumstances in which the alleged offence(s) was (were) committed, including the time and place, and the nature of the involvement of the person concerned:

Nature and legal classification of the alleged offence(s) and applicable statutory provisions on the basis of which the decision was issued:

If the alleged offence(s) referred to in point 1 constitute(s) one or more of the following offences, as defined in the law of the issuing State which are punishable in the issuing State by a custodial sentence or measure involving deprivation of liberty of a maximum of at least three years, please confirm by ticking the relevant box(es):

	participation in a criminal organisation



terrorism

	trafficking in human beings

	sexual exploitation of children and child pornography

	illicit trafficking in narcotic drugs and psychotropic substances

	illicit trafficking in weapons, munitions and explosives

	corruption

	fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests

	laundering of the proceeds of crime

	counterfeiting of currency, including the euro

	computer-related crime

	environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties

	facilitation of unauthorised entry and residence

	murder, grievous bodily injury

	illicit trade in human organs and tissue

	kidnapping, illegal restraint and hostage-taking

	racism and xenophobia

	organised or armed robbery

	illicit trafficking in cultural goods, including antiques and works of art



swindling

	racketeering and extortion

	counterfeiting and piracy of products

	forgery of administrative documents and trafficking therein

	forgery of means of payment

	illicit trafficking in hormonal substances and other growth promoters

	illicit trafficking in nuclear or radioactive materials

	trafficking in stolen vehicles



rape



arson

	crimes within the jurisdiction of the International Criminal Court

	unlawful seizure of aircraft/ships



sabotage

To the extent that the alleged offence(s) identified under point 1 is (are) not covered by point 2 or if the decision, as well as the certificate are forwarded to a Member State, which has declared that it will verify the double criminality (Article 14(4) of the Framework Decision), please give a full description of the alleged offence(s) concerned:

(g) Indications regarding the duration and nature of the supervision measure(s)

1.	Length of time to which the decision on supervision measures applies and whether a renewal of this decision is possible (where applicable):

2.	Provisional length of time for which the monitoring of the supervision measures is likely to be needed, taking into account all the circumstances of the case that are known when the decision on supervision measures is forwarded (indicative information)

Nature of the supervision measure(s)(it is possible to tick multiple boxes):

	an obligation for the person to inform the competent authority in the executing State of any change of residence, in particular for the purpose of receiving a summons to attend a hearing or a trial in the course of criminal proceedings;

	an obligation not to enter certain localities, places or defined areas in the issuing or executing State;

	an obligation to remain at a specified place, where applicable during specified times;

	an obligation containing limitations on leaving the territory of the executing State;

	an obligation to report at specified times to a specific authority;

	an obligation to avoid contact with specific persons in relation with the offence(s) allegedly committed;

	other measures that the executing State is prepared to supervise in accordance with a notification under Article 8(2) of the Framework Decision:

If you ticked the box regarding ‘other measures’, please specify which measure is concerned by ticking the appropriate box(es):

	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;

	an obligation to avoid contact with specific objects in relation with the offence(s) allegedly committed;

	other measure (please specify):

4.	Please provide a detailed description of the supervision measure(s) indicated under 3:

(h) Other circumstances relevant to the case, including specific reasons for the imposition of the supervision measure(s) (optional information):

The text of the decision is attached to the certificate.

Signature of the authority issuing the certificate and/or of its representative to confirm the accuracy of the content of the certificate:

Name:

Position (title/grade):

Date:

File reference (if any):

(Where appropriate) Official stamp:

(1) This certificate must be written in, or translated into, the official language or one of the official languages of the executing Member State, or any other official language of the Institutions of the European Union that is accepted by that State.

ANNEX II

FORM

referred to in Article 19 of 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 on supervision measures as an alternative to provisional detention

REPORT OF A BREACH OF A SUPERVISION MEASURE AND/OR ANY OTHER FINDINGS WHICH COULD RESULT IN TAKING ANY SUBSEQUENT DECISION

(a)   Details of the identity of the person subject to supervision:

Surname:

Forename(s):

Maiden name, where applicable:

Aliases, where applicable:

Sex:

Nationality:

Identity number or social security number (if any):

Date of birth:

Place of birth:

Address:

Language(s) understood (if known):

(b)   Details of the decision on supervision measure(s):

Decision issued on:

File reference (if any):

Authority which issued the decision

Official name:

Address:

Certificate issued on:

Authority which issued the certificate:

File reference (if any):

(c)   Details of the authority responsible for monitoring the supervision measure(s):

Official name of the authority:

Name of the person to be contacted:

Position (title/grade):

Address:

Tel. (country code) (area code)

Fax (country code) (area code)

E-mail:

Languages that may be used for communication:

(d)   Breach of supervision measure(s) and/or other findings which could result in taking any subsequent decision:

The person referred to in (a) is in breach of the following supervision measure(s):

	an obligation for the person to inform the competent authority in the executing State of any change of residence, in particular for the purpose of receiving a summons to attend a hearing or a trial in the course of criminal proceedings;

	an obligation not to enter certain localities, places or defined areas in the issuing or executing State;

	an obligation to remain at a specified place, where applicable during specified times;

	an obligation containing limitations on leaving the territory of the executing State;

	an obligation to report at specified times to a specific authority;

	an obligation to avoid contact with specific persons in relation with the offence(s) allegedly committed.

	other measures (please specify):

Description of the breach(es) (place, date and specific circumstances):

—	other findings which could result in taking any subsequent decision

Description of the findings:

(e) Details of the person to be contacted if additional information is to be obtained concerning the breach:

Surname:

Forename(s):

Address:

Tel. No: (country code) (area/city code)

Fax No: (country code) (area/city code)

E-mail:

Languages that may be used for communication:

Signature of the authority issuing the form and/or its representative, to confirm that the contents of the form are correct:

Name:

Position (title/grade):

Date:

Official stamp (where applicable):

DECLARATION BY GERMANY

‘The Federal Republic of Germany hereby gives notification, pursuant to Article 14(4) of the Council Framework Decision on the application of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention, that it will not apply Article 14(1) in respect of all of the offences referred to in that paragraph.’

This declaration will be published in the Official Journal of the European Union.

DECLARATION BY POLAND

‘Pursuant to Article 14(4) of the EU Council Framework Decision on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention, the Republic of Poland declares that it will not apply paragraph (1) of the aforementioned Article 14 in respect of all of the offences referred to in that paragraph.’

This declaration will be published in the Official Journal of the European Union.

DECLARATION BY HUNGARY

‘Pursuant to Article 14(4) of the EU Council Framework Decision on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention, the Republic of Hungary declares that it will not apply paragraph (1) of Article 14 of the above Framework Decision in respect of the offences referred to in that paragraph.’

This declaration will be published in the Official Journal of the European Union.

Referring to the ‘constitutional reasons’ mentioned in Article 14(4), Hungary provided the following explanation:

‘Following the ratification of the Lisbon Treaty, Hungary amended its Constitution in order to comply with the obligations referred to therein, including the necessity not to apply the double criminality condition in criminal matters. This constitutional provision will enter into force at the same time as the Lisbon Treaty. Nevertheless, until the entry into force of the Treaty, double criminality remains an important constitutional issue and — as a constitutional principle enshrined by Article 57 of the Constitution — cannot be, shall not be disregarded. Therefore, Article 14(1) of the Framework Decision shall not be applied to any of the offences listed (or as formulated by the relevant article: shall not be applied “in respect of all of the offences”).’

DECLARATION BY LITHUANIA

‘Pursuant to Article 14(4) of the Council Framework Decision on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention, the Republic of Lithuania declares that for constitutional reasons it will not apply Article 14(1) in respect of any of the offences referred to therein.’

This declaration will be published in the Official Journal of the European Union.