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Belgium
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2002/584/JHA: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States Implemented   19 Dec 2003

Notification under arts. 6.3, 25.2 of EAW by Belgium

Law on the European Arrest Warrant dated 19/12/2003 - Published on the 22/12/2003, Moniteur belge, 2nd ed.

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2009/299/JHA: Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial Implemented   25 Apr 2014 -

Law of 19 December 2003 concerning the European Arrest Warrant; Law of 5 August 2006 concerning the application of the principle of mutual recognition of judicial decision in criminal matters between the Member States of the EU; Law of 15 May 2012 concerning the application of the principle of mutual recognition to custodial sentences or measures imposed in a member state of the EU; Law of 21 May 2013 concerning the application of the principle of mutual recognition to judgements and probation decisions with a view to the supervision of probation measures and alternative sanction imposed in a member state of the EU

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2000/383/JHA: Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro Implemented   28 Sep 2001 ---
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings Implemented   ---
2001/413/JHA: Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment Implemented   ---
2001/500/JHA: Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime Implemented   ---
2002/465/JHA: Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (JIT) Implemented   -

Articles 8- 12 de la loi sur la transmission policière internationale de données à caractère personnel et d’informations à finalité judiciaire, l'entraide judiciaire internationale en matière pénale et modifiant l'article 90ter du C.I.C

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2002/475/JHA: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism Implemented   ---
2002/629/JHA: Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings   - --

Framework Decision replaced by 2011/36/EU: Directive on preventing and combating trafficking in human beings and protecting its victims of 5 April 2011, and replacing Council Framework Decision 2002/629/JHA, (table of status of implementation), which this country has implemented.

2002/946/JHA: Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence Implemented   --

Report from the Commission on the implementation of this Framework Decision.

2003/568/JHA: Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector Implemented   ---
2003/577/JHA: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence Implemented   17 Sep 2006

Transposition by Belgium of Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. Declaration and competent authorities regarding art. 4 and 9 (languages)

Law of 5 August 2006 concerning the application of the principle of mutual recognition of judicial decision in criminal matters between the Member States of the EU

Complementary information provided by the Council Secretariat

2004/68/JHA: Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography   - --

Framework Decision replaced by Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography of 13 December 2011 , and replacing Council Framework Decision 2004/68/JHA (table of status of implementation) which this country has implemented.

2004/757/JHA: Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking Implemented   ---
2005/212/JHA: Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property Implemented   ---
2005/222/JHA: Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems Implemented   ---
2005/214/JHA: Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties Implemented   14 Apr 2012

Notification of the implementation of the Framework Decision on Financial Penalties by Belgium

Law of 5 August 2006 on the application of the principle of mutual recognition of judicial decisions in criminal matters between the member states of the European Union, as amended by the laws of 26 November 2011 and 19 March 2012

Complementary information provided by the Council Secretariat

2006/783/JHA: Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders Implemented   14 Apr 2012

Notification of the implementation of the Framework Decisions on Confiscation Orders and Financial Penalties by Belgium

Law of 5 August 2006 on the application of the principle of mutual recognition of judicial decisions in criminal matters between the member states of the European Union, as amended by the laws of 26 November 2011 and 19 March 2012

Complementary information provided by the Council Secretariat

2006/960/JHA: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence Implemented   -

Loi sur la transmission policière internationale de données à caractère personnel et d’informations à finalité judiciaire, l'entraide judiciaire internationale en matière pénale et modifiant l'article 90ter du CIC, telle que modifié par la loi du 15/05/14

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2008/675/JHA: Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings Implemented   20 Jul 2011 -

Articles 57bis and 99bis of the Criminal Code, as amended by Law of 25 April 2014

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2008/841/JHA: Council Framework Decision 2008/841/JHA of 24 October 2008 for organised crime Implemented   ---
2008/909/JHA: Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement Implemented   18 Jun 2012

Law of 15 May 2012 concerning the application of the principle of mutual recognition to custodial sentences or measures imposed in a member state of the EU

Complementary information provided by the Council Secretariat

Complementary information: Declarations under Article 7(4) -double criminality- and Article 28(2) -transitional provision-

2008/913/JHA: Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law Implemented   ---
2008/919/JHA: Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism Implemented   ---
2008/947/JHA: Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions Implemented   23 Jun 2013

Notification of the implementation of Belgium (Probation Measures FD- competent authorities and languages)

Probation Law of 21 May 2013 concerning the application of the principle of mutual recognition to judgements and probation decisions with a view to the supervision of probation measures and alternative sanction imposed in a member state of the EU

Complementary information by the Council Secretariat

2008/977/JHA: 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 Implemented   ---
2008/978/JHA: Council Framework Decision 2008/978/JHA of 18 December 2008 on the European Evidence Warrant (EEW) for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters. – repealed by Regulation (EU) 2016/95 of 20 January 2016 repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters. Implemented   ---
2009/315/JHA: Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of exchange of information extracted from the criminal record between Member States Implemented   24 May 2014

Notification on the implementation of the ECRIS FD by Belgium. Pdf

Articles 589 to 597 of the Code of Criminal Procedure, as amended by the law of 25 April 2014 (Belgian Official  Gazette on 14 May 2014)

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2009/829/JHA: Council Framework Decision 2009/829/JHA of 23 October 2009 for supervision measures Implemented   29 May 2017 -

Law of 23 March 2017

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2009/948/JHA: Council Framework Decision 2009/948/JHA of 30 November 2009 for conflicts of jurisdiction Implemented   27 Mar 2013

Notification on the implementation of Framework Decision on conflicts of jurisdiction by Belgium. (Competent authorities and languages)

Common directives of the Minister of Justice and the College of Prosecutor Generals of 27 March 2013

Complementary information provided by the Council Secretariat

2001/40/EC: Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals Implemented   -

National Implementing Measures provided to the European Commission

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2002/90/EC: Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence Implemented   -

National Implementing Measures provided to the European Commission

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2004/80/EC: Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims Implemented   -

National Implementing Measures provided to the European Commission

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2005/35/EC: Directive 2005/35/EC of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements Implemented   -

National Implementing Measures provided to the European Commission

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2005/60/EC: Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing Implemented   -

National Implementing Measures provided to the European Commission

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2006/70/EC: Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC Implemented   -

National Implementing Measures provided to the European Commission

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2008/99/EC: Directive 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law Implemented   -

National Implementing Measures provided to the European Commission

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2009/123/EC: Directive 2009/123/EC of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements Implemented   -

National Implementing Measures provided to the European Commission

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2010/64/EU: Directive 2010/64/EU of 20 October 2010 on the right to interpretation and translation in criminal proceedings Implemented   -

Law of 28 October 2016 concerning further implementation of Directive 2010/64 and Directive 2012/29, that entered into force on 1 June 2017

Law of 21 November 2016 concerning certain rights of persons being heard, that entered into force on 27 November 2016.

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2011/36/EU: Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings, and replacing Council Framework Decision 2002/629/JHA Implemented   6 Apr 2013 -

National Implementing Measures provided to the European Commission

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2011/82/EU: Directive 2011/82/EU of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences   - ---
2011/92/EU: Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2011/99/EU: Directive 2011/99/EU of 13 December 2011 on the European Protection Order Implemented   29 May 2017 -

Law of 9 april 2017

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2012/13/EU: Directive 2012/13/EU of 22 May 2012 on the right to information in criminal proceedings   - -

National Implementing Measures (NIM) have not been communicated to the European Commission

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2012/29/EU: Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime Implemented   -

Law of 28 October 2016 concerning further implementation of Directive 2010/64 and Directive 2012/29, that entered into force on 1 June 2017

Law of 21 November 2016 concerning certain rights of persons being heard, that entered into force on 27 November 2016.

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2013/32/EU: Directive on common procedures for granting and withdrawing international protection of 26 June 2013   - ---
2013/40/EU: Directive 2013/40/EU of 12 August 2013 on attacks against information systems replacing Council Framework Decision 2005/222/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2013/48/EU: Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons Implemented   -

Law of 28 October 2016 concerning further implementation of Directive 2010/64 and Directive 2012/29, that entered into force on 1 June 2017

Law of 21 November 2016 concerning certain rights of persons being heard, that entered into force on 27 November 2016.

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2014/42/EU: Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union   - -

National Implementing Measures (NIM) have not been communicated to the European Commission

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2014/41/EU: Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters Implemented   22 May 2017

Notification of the transposition of Directive 2014/41/EU on European Investigation Order in criminal matters by Belgium

Law of 22 May 2017 related to the European investigation order in criminal matters.

Useful tools and information for the practical application of the European Investigation Order (EIO) directive

2014/62/EU: Directive 2014/62/EU of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law and replacing Council Framework Decision 2000/383/JHA   - ---
2014/66/EU: Directive on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer of 15 May 2014   - ---
Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive)   - ---
2015/413/EU: Directive 2015/413/EU of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences Implemented   -

National Implementing Measures provided to the European Commission

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2015/849/EU: Directive 2015/849/EU of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012, and repealing Directive 2005/60/EC   - ---
2016/343/EU: Directive 2016/343/EU of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings   - ---
(EU) 2016/680: Directive (EU) 2016/680 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA   - ---
2017/541/EU: Directive 2017/541/EU of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA   - ---
2016/681/EU: Directive 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime   - ---
2016/800/EU: Directive 2016/800/EU of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings   - ---
2016/1919/EU: Directive 2016/1919/EU of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings   - ---
2017/1371/EU: Directive 2017/1371/EU of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law   - ---
2018/1673/EU: Directive 2018/1673/EU of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law.   - ---
2019/713/EU Directive of the European Parliament and the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment replacing Council Framework Decision 2001/413/JHA   - ---
2019/884/EU: Directive (EU) 2019/884 of the European Parliament and of the Council of 17 April 2019 amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third-country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA   - ---
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