Division 3.4.1 Supplementary information to be sent with regards to an EAW

The A and M forms, which are uniform for all Member States, shall be used and the information contained in these forms shall be the same as that in the EAW.

In an A form:

• 006-013: The relevant information inserted in the SIS and corresponding to Section (a) of the EAW should be entered,

• 030: Information that this A form is specific to an EAW should be entered along with details of the magistrate or court ordering the arrest warrant, taken from Section (i) of the EAW,

• 031: The relevant information contained in the EAW section (b) concerning the decision on which the warrant is based should be entered,

• 032: The date of the arrest warrant should be entered,

• 033: The capacity of the judicial authority which issued the warrant should be entered, taken from Section (i) of the EAW,

• 034: The relevant information from the EAW section (c, 1) plus, where applicable:

  • the offence(s) on the basis of which the warrant has been issued is (are) punishable by a custodial life sentence or lifetime detention order,

  • the legal system of the issuing Member State allows for a review of the penalty or measure imposed, on request or at least after 20 years, aiming at the non-execution of such a penalty or measure, and/or

  • the legal system of the issuing Member State allows for the application of measures of clemency to which the person is entitled under the law or practice of the issuing Member State, aiming at the non-execution of such a penalty or measure,

• 035-037: The relevant information from the EAW section (b) should be entered,

• 038: The relevant information from the EAW section (c, 2) plus, where applicable:

  • the offence(s) on the basis of which the warrant has been issued is (are) punishable by a custodial life sentence or lifetime detention order,

  • the legal system of the issuing Member State allows for a review of the penalty or measure imposed, on request or at least after 20 years, aiming at the non-execution of such a penalty or measure, and/or

  • the legal system of the issuing Member State allows for the application of measures of clemency to which the person is entitled under the law or practice of the issuing Member State, aiming at the non-execution of such a penalty or measure,

• 039: Information from EAW section (c, 2) should be entered,

• 040: Information from EAW section (e) on the applicable statutory provision/code,

• 041: Information from EAW section (e) on the nature and legal classification of the offence(s),

• 042: Information from EAW section (e) on the time the offence(s) was (were) committed,

• 043: Information from EAW section (e) on the place in which the offence(s) was (were) committed,

• 044: Information from EAW section (e) on the circumstances of the offence(s),

• 045: Information from EAW section (e) on the degree of participation by the requested person,

• 058: Information from the EAW section (a) on distinctive marks/description of the person.

In field 083 of an M form:

• where the text ‘Information on decision rendered in absentia according to EAW Section (d)’ appears, it is requested, where applicable:

  1. (a)

     to indicate if the decision was pronounced in absentia;

  2. (b)

     if so, to specify whether the person concerned was personally summoned or informed of the date and place of the hearing where the decision was rendered in absentia. If this is not the case, mention the legal safeguards. From the date of application of Framework Decision 2009/299/JHA^f1, the conditions of the decision rendered in absentia shall be indicated in field 083 as specified in the EAW. Codes 2, 3.1a, 3.1b, 3.2, 3.3 (decision not contested), 3.3 (no request for retrial or appeal) and 3.4 shall be referred to and, where applicable, information shall be provided about how the relevant condition has been met,

• where the text ‘Punishable offence(s) according to EAW Section (e, I and II)’ appears, one or more of the offences punishable in the issuing Member State by a custodial sentence or detention order of a maximum of at least 3 years, as defined by the laws of the issuing Member State, according to Article 2(2) of the Framework decision (or Section [(e)I] of the EAW) has to be filled in, if applicable,

• if the offence(s) does (do) fall within the list given in Article 2(2) of the framework decision concerning the EAW, the offence(s) shall be entered in full into the M form, according to the wording used in the list,

• if the offences do not fall within the list mentioned above, the following information is required:

  1. (a)

     either that the warrant has been issued for acts punishable by the law of the issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months;

  2. (b)

     or, where a sentence has been passed or a detention order has been made, that the sentence is of at least 4 months.

• If the information to be inserted into field 083 of the M forms exceeds 1 024 characters, one or more supplementary M forms have to be sent.