29.2.2008 EN Official Journal of the European Union L 56/8 COMMISSION REGULATION (EC) No 181/2008 of 28 February 2008 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (Text with EEA relevance) (Codified version) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community fleet capacity policy to promote inland waterway transport (1), and in particular Article 9(3) thereof, Whereas: (1) Commission Regulation (EC) No 805/1999 of 16 April 1999 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified. (2) Pursuant to Article 7 of Regulation (EC) No 718/1999, the Commission must lay down the practical arrangements for implementing the Community fleet capacity policy defined in the abovementioned Regulation. (3) It is advisable to maintain the special contribution rates and equivalent tonnages laid down in Council Regulation (EEC) No 1101/89 (4) and Commission Regulation (EEC) No 1102/89 (5) since they have proved effective. (4) In order to ensure mutual financial support between the inland waterways' funds, it is advisable for the Commission, with the help of the various fund authorities, at the beginning of each year, to enter in the accounts the resources available in the reserve fund and to balance the accounts in the event of new improvement measures. (5) The Member States concerned and the organisations representing inland waterway carriers at Community level have been consulted on the measures provided for in this Regulation, HAS ADOPTED THIS REGULATION: Article 1 Subject matter This Regulation fixes the rate of the special contributions referred to in Article 7 of Regulation (EC) No 718/1999, the ratios for the ‘old-for-new’ rule, and the practical arrangements for implementing the Community fleet capacity policy. Article 2 Special contributions 1. The special contributions for the various types and categories of vessels shall be between 70 % and 115 % of the following rates: (a) Dry cargo vessels: (i) self-propelled barges: EUR 120 per tonne; (ii) pushed barges: EUR 60 per tonne; (iii) lighters: EUR 43 per tonne. (b) Tanker vessels: (i) self-propelled barges: EUR 216 per tonne; (ii) pushed barges: EUR 108 per tonne; (iii) lighters: EUR 39 per tonne. (c) Pusher craft: EUR 180/kW with a linear increase to EUR 240/kW where the motive power is equal to or greater than 1 000 kW. 2. For vessels with a deadweight capacity of less than 450 tonnes, the maximum rates for the special contributions set out in paragraph 1 shall be reduced by 30 %. For vessels with a deadweight capacity of between 450 and 650 tonnes, the maximum rates for the special contributions shall be reduced by 0,15 % for every tonne by which the deadweight capacity of the vessel in question is less than 650 tonnes. For vessels with a deadweight capacity of between 650 and 1 650 tonnes, the maximum rates for the special contributions shall show a linear increase from 100 % to 115 %. For vessels with a deadweight capacity of more than 1 650 tonnes, the maximum rates for the special contributions shall remain at 115 %. Article 3 Equivalent tonnage 1. Where a vessel owner brings into service one of the vessels referred to in Article 4 of Regulation (EC) No 718/1999 and presents for scrapping a vessel or vessels of another type, the equivalent tonnage to be taken into consideration shall be determined, within each of the two categories of vessels indicated below, in accordance with the following adjustment coefficients: (a) Dry cargo vessels: (i) self-propelled barges over 650 tonnes: 1,00; (ii) push barges over 650 tonnes: 0,50; (iii) lighters over 650 tonnes: 0,36. (b) Tanker vessels: (i) self-propelled barges over 650 tonnes: 1,00; (ii) push barges over 650 tonnes: 0,50; (iii) lighters over 650 tonnes: 0,18. 2. For vessels with a deadweight capacity of less than 450 tonnes, the coefficients set out in paragraph 1 shall be reduced by 30 %. For vessels with a deadweight capacity of between 650 and 450 tonnes, these coefficients shall be reduced by 0,15 % for every tonne by which the deadweight capacity of the vessel in question is less than 650 tonnes. For vessels with a deadweight capacity of between 650 and 1 650 tonnes, the coefficients shall show a linear increase from 100 to 115 %. Article 4 ‘Old for new’ ratios The bringing into service of vessels shall be subject to the condition laid down in Article 4(1) of Regulation (EC) No 718/1999: 1. in the case of dry cargo carriers, the ratio (between old tonnage and new tonnage) shall be 0:1; 2. in the case of tanker vessels, the ratio shall be 0:1; 3. in the case of pusher craft, the ratio shall be 0:1. Article 5 Mutual financial support 1. With a view to entering in the accounts the resources available in the reserve fund or to operating the mutual financial support arrangements between the accounts of the various funds as required pursuant to Article 3(6) of Regulation (EC) No 718/1999, each fund shall communicate the following information to the Commission at the beginning of each year: (a) the fund's receipts in the previous year, in so far as these receipts are intended for the payment of scrapping premiums or measures provided for in Article 8 of Regulation (EC) No 718/1999 (Rdn); (b) the financial commitments incurred by the fund during the previous year in respect of scrapping premiums or measures provided for in Article 8 of Regulation (EC) No 718/1999 (Pn); (c) the fund's surplus as at 1 January of the previous year deriving from receipts intended for the payment of scrapping premiums or measures provided for in Article 8 of Regulation (EC) No 718/1999 (Sn). 2. The Commission, with the assistance of the fund authorities, shall determine, on the basis of the information referred to in paragraph 1: (a) the total financial commitments incurred by the funds during the previous year in respect of scrapping premiums or measures provided for in Article 8 of Regulation (EC) No 718/1999 (Pt); (b) the total receipts of all the funds during the previous year (Rdt); (c) the total surplus of all the funds on 1 January of the previous year (St); (d) the adjusted annual financial commitment of each fund (Pnn), calculated as follows: Pnn = (Pt/(Rdt + St)) × (Rdn + Sn); (e) for each fund, the difference between annual financial commitments (Pn) and annual adjusted financial commitments (Pnn); (f) the sums which each fund whose annual commitments are less than the annual adjusted financial commitments (Pn < Pnn) transfers to a fund with annual financial commitments greater than the annual adjusted commitments (Pn > Pnn). 3. Each of the funds involved shall transfer the sums referred to in point (f) of paragraph 2 to the other funds by 1 March of the current year. Article 6 Consulting On all matters concerning the Community fleet capacity policy and amendments to this Regulation the Commission shall request the opinion of a group made up of experts from the professional organisations representing inland waterway carriers at Community level and in the Member States concerned. This group shall be known as the ‘Group of Experts on Community Fleets Capacity and Promotion Policy’. Article 7 Repeal Regulation (EC) No 805/1999 is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II. Article 8 Entry into force This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 February 2008. For the Commission The President José Manuel BARROSO (1) OJ L 90, 2.4.1999, p. 1. (2) OJ L 102, 17.4.1999, p. 64. Regulation as last amended by Regulation (EC) No 411/2003 (OJ L 62, 6.3.2003, p. 18). (3) See Annex I. (4) OJ L 116, 28.4.1989, p. 25. Regulation as last amended by Commission Regulation (EC) No 742/98 (OJ L 103, 3.4.1998, p. 3). (5) OJ L 116, 28.4.1989, p. 30. Regulation as last amended by Regulation (EC) No 812/1999 (OJ L 103, 20.4.1999, p. 5). ANNEX I Repealed Regulation with list of its successive amendments Commission Regulation (EC) No 805/1999 (OJ L 102, 17.4.1999, p. 64) Commission Regulation (EC) No 1532/2000 (OJ L 175, 14.7.2000, p. 74) Commission Regulation (EC) No 997/2001 (OJ L 139, 23.5.2001, p. 11) Commission Regulation (EC) No 336/2002 (OJ L 53, 23.2.2002, p. 11) Commission Regulation (EC) No 411/2003 (OJ L 62, 6.3.2003, p. 18) ANNEX II Correlation table Regulation (EC) No 805/1999 This Regulation Article 1 Article 1 Article 2(1) introductory sentence Article 2(1) introductory sentence Article 2(1) first indent Article 2(1)(a) Article 2(1) first indent, first sub-indent Article 2(1)(a)(i) Article 2(1) first indent, second sub-indent Article 2(1)(a)(ii) Article 2(1) first indent, third sub-indent Article 2(1)(a)(iii) Article 2(1) second indent Article 2(1)(b) Article 2(1) second indent, first sub-indent Article 2(1)(b)(i) Article 2(1) second indent, second sub-indent Article 2(1)(b)(ii) Article 2(1) second indent, third sub-indent Article 2(1)(b)(iii) Article 2(1) third indent Article 2(1)(c) Article 2(2) first indent Article 2(2) first subparagraph Article 2(2) second indent Article 2(2) second subparagraph Article 2(2) third indent Article 2(2) third subparagraph Article 2(3) — Article 3(1) introductory sentence Article 3(1) introductory sentence Article 3(1) first indent Article 3(1)(a) Article 3(1) first indent, first sub-indent Article 3(1)(a)(i) Article 3(1) first indent, second sub-indent Article 3(1)(a)(ii) Article 3(1) first indent, third sub-indent Article 3(1)(a)(iii) Article 3(1) second indent Article 3(1)(b) Article 3(1) second indent, first sub-indent Article 3(1)(b)(i) Article 3(1) second indent, second sub-indent Article 3(1)(b)(ii) Article 3(1) second indent, third sub-indent Article 3(1)(b)(iii) Article 3(2) Article 3(2) Article 4 Article 4 Article 5(1) introductory sentence Article 5(1) introductory sentence Article 5(1) first indent Article 5(1)(a) Article 5(1) second indent Article 5(1)(b) Article 5(1) third indent Article 5(1)(c) Article 5(2) first indent Article 5(2)(a) Article 5(2) second indent Article 5(2)(b) Article 5(2) third indent Article 5(2)(c) Article 5(2) fourth indent Article 5(2)(d) Article 5(2) fifth indent Article 5(2)(e) Article 5(2) sixth indent Article 5(2)(f) Article 5(3) Article 5(3) Article 6 Article 6 Article 7 — — Article 7 — Article 8 — Annex I — Annex II

Summary: Rules for promoting inland waterway transport in the EU Rules for promoting inland waterway transport in the EU SUMMARY OF: Regulation (EC) No 718/1999 on an EU fleet capacity policy to promote inland waterway transport Regulation (EC) No 181/2008 laying down certain measures for implementing Regulation (EC) No 718/1999 on an EU fleet capacity policy to promote inland waterway transport Regulation (EU) No 546/2014 amending Regulation (EC) No 718/1999 on an EU fleet capacity policy to promote inland waterway transport WHAT IS THE AIM OF THE REGULATIONS? Together with Regulation (EC) No 181/2008 and Regulation (EU) No 546/2014, Regulation (EC) No 718/1999 lays down the rules for a policy on EU fleet capacity. They seek to encourage the development of sustainable and competitive inland waterway transport in the EU. KEY POINTS Regulation (EC) No 718/1999 The regulation covers vessels that transport goods commercially. There are several exemptions, such as for vessels that operate on the Danube or that are used exclusively for storing goods or for dredging. EU countries that have fleet tonnage of over 100,000 tonnes, and with waterways connected with other EU countries, were required to set up an Inland Waterways Fund (with separate reserve funds for dry cargo carriers*, tankers* and pusher vessels*). These funds were to be administered by national authorities and could be used in 2 situations: in the event of ‘serious market disturbance’ in the inland waterway transport market (within the meaning of Directive 96/75/EC); andif unanimously requested by the organisations representing inland waterway transport – as of early 2014, these reserve funds had never been used. The regulation originally contained an old-for-new rule. This meant that any owner who wanted to bring a new vessel into the fleet had to either scrap old vessel tonnage or pay money. This rule came to an end under Regulation (EC) No 411/2003 (since repealed and replaced by Commission Regulation (EC) No 181/2008 — see below), and could only be reactivated, accompanied or not by structural improvement measures, in the event of a serious market disturbance of the kind referred to in Directive 96/75/EC. Regulation (EC) No 181/2008 Regulation (EC) No 181/2008 lays down rules for implementing Regulation (EC) No 718/1999. It sets the rate of the special contributions referred to in Regulation (EC) No 718/1999 (Article 7), the ratios for the old-for-new rule, and the practical arrangements for implementing the Community fleet capacity policy. Amending Regulation (EU) No 546/2014 Under amending Regulation (EU) No 546/2014, the scope of the measures available under Regulation (EC) No 718/1999 was extended. The measures now include: help (such as information) for workers on inland waterway carriers leaving the industry to obtain an early retirement pension or transfer to another job; vocational training or retraining schemes for crew members leaving the industry; improvement of skills in inland navigation and knowledge of logistics to safeguard the development and future of the profession; encouraging owner-operators to join trade associations and strengthen the organisations representing inland waterway transport at EU level; encouraging upgrading of vessels to improve working conditions and safety; encouraging innovation in respect of vessels and their improved environmental performance; encouraging the use of the reserve funds together with financial instruments such as Horizon 2020 and the Connecting Europe Facility. FROM WHEN DO THE REGULATIONS APPLY? Regulation (EC) No 718/1999 has applied since 29 April 1999. Regulation (EC) No 181/2008 has applied since 20 March 2008. Amending Regulation (EU) No 546/2014 has applied since 18 June 2014. BACKGROUND For more information, see: Inland waterways (European Commission). KEY TERMS Dry cargo carriers: vessels that carry dry cargo (e.g. grains). Tankers: vessels that carry wet cargo (e.g. oil). Pusher vessels: vessels that serve to push other vessels such as barges but not to carry cargo. MAIN DOCUMENTS Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community fleet capacity policy to promote inland waterway transport (OJ L 90, 2.4.1999, pp. 1-5) Successive amendments to Regulation (EC) No 718/1999 have been incorporated into the original text. This consolidated version is of documentary value only. Commission Regulation (EC) No 181/2008 of 28 February 2008 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (Codified version) (OJ L 56, 29.2.2008, pp. 8-12) Regulation (EU) No 546/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (OJ L 163, 29.5.2014, pp. 15-17) RELATED DOCUMENTS Council Directive 96/75/EC of 19 November 1996 on the systems of chartering and pricing in national and international inland waterway transport in the Community (OJ L 304, 27.11.1996, pp. 12-14) See consolidated version. last update 02.10.2020


15.12.2009 EN Official Journal of the European Union L 328/42 COUNCIL FRAMEWORK DECISION 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 31(1)(c) and (d) and Article 34(2)(b) thereof, Having regard to the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden, Having regard to the Opinion of the European Parliament, Whereas: (1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice. (2) The Hague Programme (1) on strengthening freedom, security and justice in the European Union, which was approved by the European Council at its meeting on 4 and 5 November 2004, requires Member States to consider legislation on conflicts of jurisdiction, with a view to increasing the efficiency of prosecutions while guaranteeing the proper administration of justice, so as to complete the comprehensive programme of measures to implement the principle of mutual recognition of judicial decisions in criminal matters. (3) The measures provided for in this Framework Decision should aim to prevent situations where the same person is subject to parallel criminal proceedings in different Member States in respect of the same facts, which might lead to the final disposal of those proceedings in two or more Member States. The Framework Decision therefore seeks to prevent an infringement of the principle of ‘ne bis in idem’, as set out in Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2) as interpreted by the Court of Justice of the European Communities. (4) There should be direct consultations between competent authorities of the Member States with the aim of achieving a consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings and avoiding waste of time and resources of the competent authorities concerned. Such effective solution could notably consist in the concentration of the criminal proceedings in one Member State, for example through the transfer of criminal proceedings. It could also consist in any other step allowing efficient and reasonable handling of those proceedings, including concerning the allocation in time, for example through a referral of the case to Eurojust when the competent authorities are not able to reach consensus. In this respect, specific attention should be paid to the issue of gathering the evidence which can be influenced by the parallel proceedings being conducted. (5) When a competent authority in a Member State has reasonable grounds to believe that parallel criminal proceedings are being conducted in another Member State in respect of the same facts involving the same person, which could lead to the final disposal of those proceedings in two or more Member States, it should contact the competent authority of that other Member State. The question whether or not reasonable grounds exist should be examined solely by the contacting authority. Reasonable grounds could, inter alia, include cases where a suspected or accused person invokes, while giving details, that he is subject to parallel criminal proceedings in respect of the same facts in another Member State, or in case a relevant request for mutual legal assistance by a competent authority in another Member State reveals the possible existence of such parallel criminal proceedings, or in case a police authority provides information to this effect. (6) The process of exchange of information between competent authorities should be based upon the obligatory exchange of a specific minimum set of information, which should always be provided. The information concerned should notably facilitate the process of ensuring the proper identification of the person concerned and the nature and stage of the respective parallel proceedings. (7) A competent authority which has been contacted by a competent authority of another Member State should have a general obligation to reply to the request submitted. The contacting authority is encouraged to set a deadline within which the contacted authority should respond, if possible. The specific situation of a person deprived of liberty should be fully taken into account by the competent authorities throughout the procedure of taking contact. (8) Direct contact between competent authorities should be the leading principle of cooperation established under this Framework Decision. Member States should have discretion to decide which authorities are competent to act in accordance with this Framework Decision, in compliance with the principle of national procedural autonomy, provided that such authorities have competence to intervene and decide accordingly with its provisions. (9) When striving to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings being conducted in two or more Member States, the competent authorities should take into account that each case is specific and give consideration to all its facts and merits. In order to reach consensus, the competent authorities should consider relevant criteria, which may include those set out in the Guidelines which were published in the Eurojust Annual Report 2003 and which were drawn up for the needs of practitioners, and take into account for example the place where the major part of the criminality occurred, the place where the majority of the loss was sustained, the location of the suspected or accused person and possibilities for securing its surrender or extradition to other jurisdictions, the nationality or residence of the suspected or accused person, significant interests of the suspected or accused person, significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur. (10) The obligation for competent authorities to enter into direct consultations in order to reach consensus in the context of this Framework Decision should not exclude the possibility that such direct consultations be conducted with the assistance of Eurojust. (11) No Member State should be obliged to waive or to exercise jurisdiction unless it wishes to do so. As long as consensus on the concentration of criminal proceedings has not been reached, the competent authorities of the Member States should be able to continue criminal proceedings for any criminal offence which falls within their national jurisdiction. (12) Since the very aim of this Framework Decision is to prevent unnecessary parallel criminal proceedings which could result in an infringement of the principle of ne bis in idem, its application should not give rise to a conflict of exercise of jurisdiction which would not occur otherwise. In the common area of freedom, security and justice, the principle of mandatory prosecution, governing the law of procedure in several Member States, should be understood and applied in a way that it is deemed to be fulfilled when any Member State ensures the criminal prosecution of a particular criminal offence. (13) Where consensus has been reached on the concentration of criminal proceedings in one Member State, the competent authorities in the other Member State should act in a way that is compatible with that consensus. (14) As Eurojust is particularly well suited to provide assistance in resolving conflicts of jurisdiction, the referral of a case to Eurojust should be a usual step, when it has not been possible to reach consensus. It should be noted that, in accordance with Article 13(7)(a) of Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3) (the ‘Eurojust Decision’), as modified, most recently by Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust (4), Eurojust has to be informed of any case where conflicts of jurisdiction have arisen or are likely to arise and that a case can be referred to Eurojust at any moment if at least one competent authority involved in the direct consultations deems it appropriate. (15) This Framework Decision is without prejudice to proceedings under the European Convention on the Transfer of Proceedings in Criminal Matters, signed in Strasbourg on 15 May 1972, as well as any other arrangements concerning the transfer of proceedings in criminal matters between the Member States. (16) This Framework Decision should not lead to an undue administrative burden in cases where for the problems addressed more suitable options are readily available. Thus in situations where more flexible instruments or arrangements are in place between Member States, those should prevail over this Framework Decision. (17) This Framework Decision is limited to establishing provisions on the exchange of information and direct consultations between the competent authorities of the Member States and therefore does not affect any right of individuals to argue that they should be prosecuted in their own or in another jurisdiction, if such right exists under national law. (18) 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 (5) should apply to the processing of personal data exchanged under this Framework Decision. (19) When making a declaration concerning the language regime, Member States are encouraged to include at least one language which is commonly used in the European Union other than their official language. (20) This Framework Decision respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union, HAS ADOPTED THIS FRAMEWORK DECISION: CHAPTER 1 GENERAL PRINCIPLES Article 1 Objective 1. The objective of this Framework Decision is to promote a closer cooperation between the competent authorities of two or more Member States conducting criminal proceedings, with a view to improving the efficient and proper administration of justice. 2. Such closer cooperation aims to: (a) prevent situations where the same person is subject to parallel criminal proceedings in different Member States in respect of the same facts, which might lead to the final disposal of the proceedings in two or more Member States thereby constituting an infringement of the principle of ‘ne bis in idem’; and (b) reach consensus on any effective solution aimed at avoiding the adverse consequences arising from such parallel proceedings. Article 2 Subject matter and scope 1. With a view to achieving the objective set out in Article 1, this Framework Decision establishes a framework on: (a) a procedure for establishing contact between the competent authorities of Member States, with a view to confirming the existence of parallel criminal proceedings in respect of the same facts involving the same person; (b) the exchange of information, through direct consultations, between the competent authorities of two or more Member States conducting parallel criminal proceedings in respect of the same facts involving the same person, in case they already have knowledge of the existence of parallel criminal proceedings, with a view to reaching consensus on any effective solution aimed at avoiding the adverse consequences arising from such parallel proceedings. 2. This Framework Decision shall not apply to proceedings which are covered by the terms of Articles 5 and 13 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (6). Article 3 Definitions For the purposes of this Framework Decision: (a) ‘parallel proceedings’ means criminal proceedings, including both the pre-trial and the trial phases, which are conducted in two or more Member States concerning the same facts involving the same person; (b) ‘competent authority’ means a judicial authority or another authority, which is competent, under the law of its Member State, to carry out the acts envisaged by Article 2(1) of this Framework Decision; (c) ‘contacting authority’ means a competent authority of a Member State, which contacts a competent authority of another Member State to confirm the existence of parallel proceedings; (d) ‘contacted authority’ means the competent authority which is asked by a contacting authority to confirm the existence of parallel criminal proceedings. Article 4 Determination of competent authorities 1. Member States shall determine the competent authorities in a way that promotes the principle of direct contact between authorities. 2. In accordance with paragraph 1, each Member State shall inform the General Secretariat of the Council which authorities under its national law are competent to act in accordance with this Framework Decision. 3. Notwithstanding paragraphs 1 and 2, each Member State may designate, if it is necessary as a result of the organisation of its internal system, one or more central authorities responsible for the administrative transmission and reception of requests for information according to Article 5 and/or for the purpose of assisting the competent authorities in the consultation process. Member States wishing to make use of the possibility to designate a central authority or authorities shall communicate this information to the General Secretariat of the Council. 4. The General Secretariat of the Council shall make the information received under paragraphs 2 and 3 available to all Member States and to the Commission. CHAPTER 2 EXCHANGE OF INFORMATION Article 5 Obligation to contact 1. When a competent authority of a Member State has reasonable grounds to believe that parallel proceedings are being conducted in another Member State, it shall contact the competent authority of that other Member State to confirm the existence of such parallel proceedings, with a view to initiating direct consultations as provided for in Article 10. 2. If the contacting authority does not know the identity of the competent authority to be contacted, it shall make all necessary inquiries, including via the contact points of the European Judicial Network, in order to obtain the details of that competent authority. 3. The procedure of contacting shall not apply when the competent authorities conducting parallel proceedings have already been informed of the existence of these proceedings by any other means. Article 6 Obligation to reply 1. The contacted authority shall reply to a request submitted in accordance with Article 5(1) within any reasonable deadline indicated by the contacting authority, or, if no deadline has been indicated, without undue delay, and inform the contacting authority whether parallel proceedings are taking place in its Member State. In cases where the contacting authority has informed the contacted authority that the suspected or accused person is held in provisional detention or custody, the latter authority shall treat the request as a matter of urgency. 2. If the contacted authority cannot provide a reply within any deadline set by the contacting authority, it shall promptly inform the contacting authority of the reasons thereof and indicate the deadline within which it shall provide the requested information. 3. If the authority which has been contacted by a contacting authority is not the competent authority under Article 4, it shall without undue delay transmit the request for information to the competent authority and shall inform the contacting authority accordingly. Article 7 Means of communication The contacting and contacted authorities shall communicate by any means whereby a written record can be produced. Article 8 Minimum information to be provided in the request 1. When submitting a request in accordance with Article 5, the contacting authority shall provide the following information: (a) the contact details of the competent authority; (b) a description of the facts and circumstances that are the subject of the criminal proceedings concerned; (c) all relevant details about the identity of the suspected or accused person and about the victims, if applicable; (d) the stage that has been reached in the criminal proceedings; and (e) information about provisional detention or custody of the suspected or accused person, if applicable. 2. The contacting authority may provide relevant additional information relating to the criminal proceedings that are being conducted in its Member State, for example relating to any difficulties which are being encountered in that State. Article 9 Minimum information to be provided in the response 1. The response by the contacted authority in accordance with Article 6 shall contain the following information: (a) whether criminal proceedings are being or were conducted in respect of some or all of the same facts as those which are subject of the criminal proceedings referred to in the request for information submitted by the contacting authority, and whether the same persons are involved; in case of a positive answer under (a): (b) the contact details of the competent authority; and (c) the stage of these proceedings, or, where a final decision has been reached, the nature of that final decision. 2. The contacted authority may provide relevant additional information relating to the criminal proceedings that are being or were conducted in its Member State, in particular concerning any related facts which are the subject of the criminal proceedings in that State. CHAPTER 3 DIRECT CONSULTATIONS Article 10 Obligation to enter into direct consultations 1. When it is established that parallel proceedings exist, the competent authorities of the Member States concerned shall enter into direct consultations in order to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from such parallel proceedings, which may, where appropriate, lead to the concentration of the criminal proceedings in one Member State. 2. As long as the direct consultations are being conducted, the competent authorities concerned shall inform each other of any important procedural measures which they have taken in the proceedings. 3. In the course of the direct consultations, competent authorities involved in those consultations shall whenever reasonably possible reply to requests for information emanating from other competent authorities that are involved in those consultations. However, when a competent authority is requested by another competent authority to provide specific information which could harm essential national security interests or could jeopardise the safety of individuals, it shall not be required to provide that information. Article 11 Procedure of reaching consensus When the competent authorities of Member States enter into direct consultations on a case in order to reach consensus in accordance with Article 10, they shall consider the facts and merits of the case and all the factors which they consider to be relevant. Article 12 Cooperation with Eurojust 1. This Framework Decision shall be complementary and without prejudice to the Eurojust Decision. 2. Where it has not been possible to reach consensus in accordance with Article 10, the matter shall, where appropriate, be referred to Eurojust by any competent authority of the Member States involved, if Eurojust is competent to act under Article 4(1) of the Eurojust Decision. Article 13 Providing information about the outcome of the proceedings If during the course of the direct consultations in accordance with Article 10 consensus has been reached on the concentration of the criminal proceedings in one Member State, the competent authority of that Member State shall inform the respective competent authority (authorities) of the other Member State(s) about the outcome of the proceedings. CHAPTER 4 GENERAL AND FINAL PROVISIONS Article 14 Languages 1. Each Member State shall state in a declaration to be deposited with the General Secretariat of the Council which languages, among the official languages of the institutions of the Union, may be used in the procedure of taking contact in accordance with Chapter 2. 2. The competent authorities may agree to use any language in the course of their direct consultations in accordance with Article 10. Article 15 Relation to other legal instruments and other arrangements 1. In so far as other legal instruments or arrangements allow the objectives of this Framework Decision to be extended or help to simplify or facilitate the procedure under which national authorities exchange information about their criminal proceedings, enter into direct consultations and try to reach consensus on any effective solution aimed at avoiding adverse consequences arising from the parallel proceedings, the Member States may: (a) continue to apply bilateral or multilateral agreements or arrangements in force when this Framework Decision comes into force; (b) conclude bilateral or multilateral agreements or arrangements after this Framework Decision has come into force. 2. The agreements and arrangements referred to in paragraph 1 shall in no case affect relations with Member States which are not parties to them. Article 16 Implementation Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 15 June 2012. By 15 June 2012 Member States shall transmit to the General Secretariat of Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. Article 17 Report The Commission shall, by 15 December 2012, submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have complied with this Framework Decision, accompanied, if necessary, by legislative proposals. Article 18 Entry into force This Framework Decision shall enter into force on the day of its publication in the Official Journal of the European Union. Done at Brussels, 30 November 2009. For the Council The President B. ASK (1) OJ C 53, 3.3.2005, p. 1. (2) OJ L 239, 22.9.2000, p. 19. (3) OJ L 63, 6.3.2002, p. 1. (4) OJ L 138, 4.6.2009, p. 14. (5) OJ L 350, 30.12.2008, p. 60. (6) OJ L 1, 4.1.2003, p. 1.

Summary: Jurisdiction in criminal proceedings: prevention and settlement of conflicts Jurisdiction in criminal proceedings: prevention and settlement of conflicts This framework decision aims to improve judicial cooperation between European Union (EU) countries, so as to prevent unnecessary parallel criminal proceedings concerning the same facts and the same person. It has the potential to increase the efficient administration of criminal justice in cross-border cases by saving time and human and financial resources of the competent authorities in the proceedings. ACT Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings. SUMMARY It lays out the procedure whereby competent national authorities contact each other when they have reasonable grounds to believe that parallel proceedings are being conducted in another EU country. It also establishes the framework for these authorities to enter into direct consultations when parallel proceedings exist, in order to find a solution to avoid the negative consequences arising from these proceedings. Exchange of information If the competent authority of an EU country has reasonable grounds to believe that parallel proceedings are being conducted in another EU country, it must seek confirmation of the existence of such parallel proceedings from the competent authority of that country. The contacted authority must reply without undue delay or within the deadline set by the contacting authority. With its request, the contacting authority must submit at least the following information: contact details of the competent authority; a description of the facts and circumstances concerning the criminal proceedings; all relevant details about the suspected or accused person and possible victims; the stage of the criminal proceedings; where applicable, information concerning provisional detention or custody of the suspected or accused person. In its response, the contacted authority must indicate whether criminal proceedings are or have been conducted in its country concerning some or all of the same facts and the same persons as those in the criminal proceedings in the country of the contacting authority. If this is the case, the contacted authority must also provide its contact details as well as the stage of the proceedings or the nature of the final decision. Direct consultations If parallel proceedings exist, the relevant authorities must enter into direct consultation in order to find a solution aimed at avoiding the negative consequences arising from these proceedings. This may lead to the concentration of the proceedings in one EU country. When the relevant authorities enter into direct consultation they must take into consideration all the facts and merits of the case and all other relevant factors. If no solution is found, the case is referred to Eurojust, if appropriate, and provided that it falls under its competence. Implementation In 2014, the European Commission issued a report on how EU countries had implemented Framework Decision 2009/948/JHA. At the time it was published, only15 EU countries had introduced laws incorporating the act into their national legislation. The Commission is concerned that a significant number of EU countries have still not implemented the framework decision, which denies them an important tool to resolve conflicts of jurisdiction where they arise. It thus urges all the countries that have not yet done so to take swift measures to implement it in full. For more information, see Judicial cooperation on the European Commission’s website. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Framework Decision 2009/948/JHA 15.12.2009 15.6.2012 OJ L 328 of 15.12.2009, pp. 42-47 RELATED ACT Report from the Commission to the European Parliament and the Council on the implementation by the Member States of Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (COM(2014) 313 final of 2.6.2014). last update 10.12.2014


8.12.2009 EN Official Journal of the European Union L 321/44 COUNCIL DECISION 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union and in particular Articles 30(1), 31 and 34(2)(c) thereof, Having regard to the initiative of the Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Republic of Hungary, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (1), Having regard to the Opinion of the European Parliament, Whereas: (1) The Tampere European Council of 15 and 16 October 1999 concluded that there was a need to develop crime prevention measures, to exchange best practices and to strengthen the network of competent national authorities for crime prevention, as well as cooperation between national organisations specialising in this field, specifying that this cooperation could have as its chief priorities juvenile, urban and drug-related crime. To this end, a study of the possibility of a programme financed by the Community was called for. (2) Recommendation 6 of the European Union strategy for the beginning of the new millennium on the prevention and control of organised crime (2) calls for the Council to be assisted by suitably qualified experts on crime prevention, such as the national focal points, or by establishing a network of experts from national crime prevention organisations. (3) Council Decision 2001/427/JHA established a European Crime Prevention Network (3). (4) An external evaluation of the European Crime Prevention Network which was conducted in 2008-2009 identified opportunities for strengthening the Network which were accepted by the EUCPN Board and which make it necessary to repeal Decision 2001/427/JHA and to replace it by a new Council Decision concerning the Network. (5) The evaluation identified the need for more engagement in the activities of the Network by the national representatives. (6) A number of changes are required to strengthen the Network which include amendments to the provisions dealing with contact points, the Secretariat, the structure of the Board and its tasks, including the appointment of the Chair. (7) Changes in the composition of the Network should be efficient and cost-effective, drawing on previous experiences of Member States in funding and carrying out the secretarial and other Network tasks. The Board should increase efforts in cooperating to investigate and exploit to their full potential, the possibilities for funding through the general budget of the European Union. This could be done on the basis of either framework partnerships or that the Network is included in the list of recognised monopoly bodies in the relevant financing programme. (8) Other provisions should be based on Decision 2001/427/JHA, HAS DECIDED AS FOLLOWS: Article 1 Setting-up A European Crime Prevention Network, hereinafter referred to as ‘the Network’, is hereby set up. It shall be regarded as the successor to the European Crime Prevention Network established by Decision 2001/427/JHA. Article 2 Objective 1. The Network shall contribute to developing the various aspects of crime prevention at the Union level, taking account of the European Union crime preventive strategy, and shall support crime prevention activities at the national and local level. 2. Crime prevention shall cover all measures that are intended to reduce or otherwise contribute to reducing crime and citizens' feeling of insecurity, both quantitatively and qualitatively, either through directly deterring criminal activities or through policies and actions designed to reduce the potential for crime and the causes of crime. It includes work of government, competent authorities, criminal justice agencies, local authorities and the specialist associations they have set up in Europe, the private and voluntary sectors, researchers and the public, supported by the media. Article 3 Structure and composition 1. The Network shall consist of a Board and a Secretariat as well as contact points which may be designated by each Member State. 2. The Board shall be made up of national representatives, with a Chair and an Executive Committee. 3. Each Member State shall appoint a national representative and may appoint a substitute. 4. The Chair shall be appointed from within the body of the national representatives. 5. The Executive Committee shall be led by the Chair and shall be composed of up to six further members of the Board and a representative designated by the Commission. Article 4 Tasks of the Network The Network shall, in particular: (a) facilitate cooperation, contacts and exchanges of information and experience between actors in the field of crime prevention; (b) collect, assess and communicate evaluated information including good practice on existing crime prevention activities; (c) organise conferences, in particular an annual Best Practice Conference, and other activities, including the annual European Crime Prevention Award, designed to achieve the objectives of the Network and to share widely the results thereof; (d) provide its expertise to the Council and the Commission as required; (e) report to the Council on its activities each year through the Board and the competent working bodies. The Council shall be invited to endorse the report and forward it to the European Parliament; (f) develop and implement a work programme based on a clearly defined strategy that takes account of identifying and responding to relevant crime threats. Article 5 Information exchange To accomplish its tasks, the Network shall: (a) favour a multidisciplinary approach; (b) be in close contact, through the national representatives and the contact points, with crime prevention bodies, local authorities, local partnerships and civil society as well as with research institutions and nongovernmental organisations in the Member States; (c) set up and maintain its own website, containing its regular reports and any other useful information, in particular a compendium of best practices; (d) endeavour to use and promote the results of projects, relevant for crime prevention, funded through Union programmes. Article 6 Responsibilities 1. The Executive Committee shall provide support to the Chair to ensure, inter alia: (a) the development of the Network's strategy for approval by the Board; (b) the effective running of the Board, and (c) the development and carrying-out of the work programme. 2. The tasks of the Board shall include: (a) to ensure the proper functioning of the Network in accordance with this Decision, including deciding on the practical organisation of the Secretariat functions; (b) to develop and adopt a financial regulation; (c) to approve the Network’s strategy, which contributes to developing crime prevention at the Union level; (d) to adopt and ensure delivery of the Network's work programme; (e) to adopt an annual report of the Network's activities. 3. The Board shall adopt its Rules of Procedure by unanimous decision containing, inter alia, the provisions on the appointment and term of office of the Chair and of the members of the Executive Committee, the decision-making arrangements of the Board, the language arrangements, the tasks, organisation and resources of the Secretariat, and administrative arrangements for the cooperation with other entities as referred to in Article 8. 4. The Secretariat shall support the Board. It shall function on a permanent basis, for the full benefit of the Network, while respecting confidentiality as required. It shall have the following tasks: (a) to provide administrative and general support in the preparation of meetings, seminars and conferences; to draft the annual report and the work programme, to support implementation of the work programme and to provide a focal point for communication with the Network members; (b) to provide an analytical and support function to identify ongoing research activity in the field of crime prevention and related information that would be of use to the Network; (c) to take overall responsibility for hosting, developing and maintaining the Network website. 5. Each national representative shall promote the Network's activities at the national and local level and facilitate the provision, maintenance and exchange of crime prevention material between his Member State and the Network. 6. Contact points shall support national representatives in exchanging national crime prevention information and expertise within the Network. 7. The Secretariat shall report to and its performance shall be overseen by the Chair and the Executive Committee. 8. Member States are responsible for the financing of the Network and its activities. Member States shall, through the Board, cooperate to ensure cost-effective financing of the Network and its activities. 9. Paragraph 8 is without prejudice to the possibilities to seek and obtain financial support from the general budget of the European Union. Article 7 Board meetings The Board shall meet at least once during each half year on the invitation of the Chair. Article 8 Cooperation with other entities The Network may cooperate with other entities competent in the field of crime prevention where it is relevant to meeting its objectives. Article 9 Evaluation The Commission shall present an evaluation report to the Council on the activities of the Network with a special focus on the efficiency of the work of the Network and its Secretariat, taking due account of the interaction between the Network and other relevant stakeholders, by 30 November 2012. Based on the results of this evaluation, an assessment shall be carried out to identify possible opportunities that could be achieved by for example transferring the Secretariat to an existing Agency. Article 10 Repeal Decision 2001/427/JHA is hereby repealed. Article 11 Taking of effect This Decision shall take effect on the day of its adoption. Done at Brussels, 30 November 2009. For the Council The President B. ASK (1) OJ C 222, 15.9.2009, p. 2. (2) OJ C 124, 3.5.2000, p. 1. (3) OJ L 153, 8.6.2001, p. 1.

Summary: European cooperation on crime prevention European cooperation on crime prevention Council Decision 2009/902/JHA - setting up a European crime prevention network (EUCPN) ACT Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA SUMMARY Crime prevention policy in the European Union (EU) is enhanced by cooperation between authorities at national and local level and other experts and practitioners in the field. WHAT DOES THE DECISION DO? It establishes the European crime prevention network (EUCPN) to assist in the development of crime prevention measures in the EU. It provides a framework for cooperation between EU countries; the network also supports crime prevention activities at the national and local levels. KEY POINTS The EUCPN is responsible for: — improving cooperation, contacts and exchanges of information between stakeholders; — collecting, evaluating and sharing information on crime prevention; — organising conferences and activities to develop crime prevention and sharing the results of the work on crime prevention; — providing expertise to the European institutions (Council and Commission); — reporting annually to the Council on its work; — developing and implementing a work programme that addresses relevant crime threats. The goals of the EUCPN are achieved through an annual work programme, part of a multiannual strategy (2010-2015). The network is composed of: — aBoard - responsible for its overall management; — aSecretariat -provides administrative support to the Board; — contact points - support the exchanges of information and expertise between the national representatives. Activities The EUCPN carries out a number of activities including: — promoting good practice - through a database containing EU-wide examples of initiatives and projects on crime prevention (ranging from preventing violent crime to cybercrime); — organising the ‘Best Practice Conference’ - a yearly event for policymakers, practitioners and researchers for the sharing and passing on of experiences and best practices in crime prevention, as well as safety and security in EU countries; — presenting the European crime prevent award which aims to reward the best European crime prevention project. The award is open to any project, initiative or package of measures designed to reduce crime and the fear of crime within the specified theme; — collecting and promoting research-based findings and activities to prevent crime. ‘Toolboxes’ on specific aspects of crime prevention aim to inform, support and inspire local practitioners and policymakers with actual knowledge in the form of an easy-to-read document; — creating and keeping an archive of studies, articles and other documents on crime prevention accessible through an online library search engine on the EUCPN website. WHEN DOES THIS DECISION APPLY? From 30 November 2009. For more information, see the EUCPN website. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2009/902/JHA 30.11.2009 - OJ L 321 of 8.12.2009, pp. 44-46 Last updated: 13.08.2015