European criminal records information system (ECRIS)

SUMMARY OF:

Decision 2009/316/JHA on the establishment of the European criminal records information system

WHAT IS THE AIM OF THE DECISION?

It established:

the European criminal records information system (ECRIS);
a standardised format for the electronic exchange of information between European Union (EU) Member States, particularly on offences and convictions.

The decision still fully applies in Ireland and Denmark, which are not bound by Directive (EU) 2019/884 replacing Decision 2009/316/JHA from 28 June 2022.

For all the other Member States, Framework Decision 2009/315/JHA, as amended by Directive (EU) 2019/884, is the only applicable instrument for ECRIS (see summary).

KEY POINTS

ECRIS is a decentralised IT system based on national criminal record databases. It allows for the exchange of information extracted from national criminal records between Member States’ central authorities. It consists of:
- interconnecting software using a common set of protocols to exchange information;
- common communication infrastructure, operated under the responsibility of the European Commission, with an encrypted network.
National central authorities do not have direct online access to criminal record databases in other Member States.
The Commission:
- provides general support, technical assistance and the reference implementation software;
- covers the costs of implementing, administering, using and maintaining ECRIS’s common communication infrastructure, and of its future development, along with the costs of the implementation and future development of the reference implementation software;
- regularly publishes reports on the use and functioning of ECRIS.
The Member States:
- use the appropriate codes for the categories of offences (Annex A) and sanctions (Annex B) when exchanging information;
- are responsible for their own criminal record databases;
- provide the General Secretariat of the Council of the European Union with a list of national offences and sentences to help produce a non-binding manual for ECRIS users.
The Member States and the Commission share information and consult with one another in the Council in order to:
- draw up a non-binding manual setting out the information exchange procedures, addressing in particular the problem of identifying offenders;
- coordinate ECRIS’s development and operation, particularly by establishing logging systems and procedures, technical and security specifications and procedures for conformity of national software.
The decision:
- does not aim to set up a centralised criminal record database, as all criminal data is stored in national databases;
- implements Framework Decision 2009/315/JHA (see summary), setting out the general principles for the operation of the exchange of criminal records between Member States.
The decision is complemented by:
- Directive 2011/93/EU on fighting child sexual abuse (see summary), requiring information exchange, if requested, in recruitment procedures for posts involving direct and regular contact with children;
- Regulation (EU) 2019/816 on ECRIS-TCN, establishing a centralised system for the identification of Member States holding conviction information on non-EU nationals (see summary);
- Regulation (EU) 2018/1726 establishing the European Union Agency for the Operational Management of Large-Scale IT Systems – see summary.
Directive (EU) 2019/884, in addition to amending Framework Decision 2009/315/JHA (see above), replaces Decision 2009/316/JHA, which set up ECRIS, and became law in the Member States from 28 June 2022.
However, it should be noted that Ireland and Denmark are not bound by Directive (EU) 2019/884. This means that Decision 2009/316/JHA continues to apply in those two Member States.

FROM WHEN DOES THE DECISION APPLY?

It has applied since 7 April 2009. Member States had to incorporate it into national law by 27 April 2012.

BACKGROUND

Before ECRIS was set up, national courts frequently passed sentences without knowing whether a criminal had previous convictions in another Member State.
Since 2008, Framework Decision 2008/675/JHA (see summary) has required that previous criminal convictions be taken into account by a court in the course of new criminal proceedings against an individual. ECRIS supports this process by providing judges, prosecutors and relevant administrative authorities with comprehensive information on an EU citizen’s criminal history, no matter where they were convicted.
For further information, see:
- European criminal records information system (ECRIS) (European Commission).

MAIN DOCUMENT

Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93, 7.4.2009, pp. 33–48).