The EJN Secretariat has published on the EJN website five standardised forms for accompanying the procedure for enforcement of cross-border financial penalties as laid down by Framework Decision 2005/214/JHA, agreed within the Working Party on Judicial Cooperation in Criminal Matters (COPEN) of the Council of the European Union. The forms are available in 23 languages.
Form 1 aims to make the communication easier regarding the information the competent authority of issuing State has to give to the competent authority in the executing State according to Articles 11, 12 and 15 of the FD. Its two main points are voluntary payment (part d) and full or partial termination of enforcement (part e).
Full recognition and full payment are covered by Form 2 and Form 3.
Form 4 is helpful for the communication of partial recognition and full non-recognition.
Form 5 should be used to communicate the execution of the decision.
The forms are available in the Judicial Library, together with an Explanatory Memorandum.
Background information
On the initiative of Germany a group of experts was set up to draft certain standardised forms that could be used in cases of cross-border financial penalties in order to facilitate the recognition and enforcement process, without the need for further translation. The five standardised forms do not have any impact on the substantive content of the Framework Decision, and they have no legislative effect. The use of the forms by the respective national authorities is on a strict voluntary basis. Nevertheless, Member States are encouraged to promote the use of the forms as they would facilitate the mechanism for the execution of cross-border financial penalties as laid down by the Framework Decision and would lead to reduce the financial and administrative burden linked to the procedure.