The Commission presents a report on the application of Council Directive 2004/80/EC.

Crime victims in the European Union are entitled to fair and appropriate compensation for the injuries they have suffered, regardless of where in the European Community the crime was committed. Council Directive 2004/80/EC relating to compensation to crime victims set up a system for cooperation to facilitate access to compensation to victims of crime in cross-border situations. The system operates on the basis of the Member State's schemes on compensation to victims of violent intentional crime, committed in their respective territories.

Article 19 of the Directive stipulates that the Commission is to present a report on the application of the Directive by 1 January 2009. This report complies with that obligation. It covers the period from 1 January 2006 to 31 December 2008.

In accordance with Article 18(1), Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 1 January 2006. 15 Member States adopted the national transposing measures before the said deadline (Bulgaria, Denmark, Germany, Estonia, Spain, France, Ireland, Luxembourg, Netherlands, Austria, Poland, Slovenia, Finland, Sweden and the United Kingdom) and notifications from seven further Member States (Belgium, the Czech Republic, Cyprus, Lithuania, Hungary, Portugal and Slovakia) were received in early 2006.

The Commission launched the infringement procedure against Greece, Italy, Latvia, Malta and Romania for non-notification in 2006-2007. Since then, Italy, Latvia, Malta and Romania have notified national transposing legislation in accordance with their obligation. To date, Greece has not notified national transposing measures for the Directive. It was condemned by the European Court of Justice in July 2007 and the Commission launched the procedure under Article 228 of the EC Treaty against Greece in 2008, which is currently pending.

Application and Effectiveness of the Directive in practice : only limited data is available on the practical application of the Directive in the different Member States. Overall, however, it is noted that there have been very few cases of cross-border applications made.

The Commission draws the following conclusions concerning the application of the Directive :

Concerning the national compensation schemes required by the Directive, it appears that Member States provide fair and appropriate compensation for victims of violent intentional crimes. In this regard, there seems to be a substantial degree of compliance across Member States; As far as the procedural aspects of the Directive for cross-border cases are concerned, Deciding and Assisting Authorities are broadly positive about the operation of the current system including Central Contact Points, the use of standard forms, languages and the use of communications technology. Claimants are, however, much less positive about the process than authorities. Many find the process of applying complicated and time-consuming and consider that language barriers – and communication in general – constitute a major obstacle in facilitating the victim application process.

The Commission is therefore of the opinion that the functioning of the Directive should be improved with regard to the following aspects of its application :

Member States should seek to collect data on the application of the Directive in order to able to better assess the effectiveness of the process; Member States should, as far as possible, ensure that more information on the Directive and on national compensation schemes is provided to citizens, since too few potential claimants seem to be aware of their rights; Member States should ensure that the language requirements of the Directive are respected in order to ensure the most efficient processes for claimants; clarity and transparency concerning key elements of national compensation schemes is important. This concerns in particular the questions of which offences are included in the schemes and which injuries are covered by them. The Atlas and the website of the European Judicial Network in Civil and Commercial Matters contain already a substantial amount of information on national compensation schemes. It should, however, be considered whether efforts are required to further improve information available on the Directive and on national compensation schemes in these websites.

Because of the short period and consequent limited practical experience on the application of the Directive, the Commission will not propose amendments to the Directive but considers that the implementation can be improved on the basis of the current provisions. Furthermore the Commission will use its powers under the Treaty to urge the Member States to complete the possible deficient measures.

COM(2009)0170
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SEC(2009)0495
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PURPOSE: To facilitate access to compensation for victims of cross-border crime.

LEGISLATIVE ACT: Council Directive relating to compensation to crime victims.

CONTENT: A number of reasons have prompted the EU to act for victims of cross-border crime. Firstly, the ECJ Cowan judgement which states that Member States must offer EU citizens (entitled to freedom of movement across the EU) the same right of protection against crime as that afforded to their own nationals. Secondly, the Tampere European Council, which calls for the drawing up of minimum standards on the protection of victims of cross-border crime including their right to compensation for damages and legal costs. Thirdly, the 2004 European Council Declaration on Combating Terrorism, which specifically calls on the Commission to adopt this Directive before May 2004.

This Directive complements Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings, in which it is stated that victims of crime are entitled to claim compensation from the offender in the course of criminal proceedings. The purpose of this Directive is to set up a system of co-operation to facilitate access to compensation in cases where the crime was committed in a Member State other than that of the victim’s residence. The following measures set up the system of co-operation:

- Victims of international cross-border crime have the right to submit an application for compensation in the Member State in which they habitually reside – even if the crime has been committed in another EU Member State.

- Compensation should be paid by the Member State on whose territory the crime was committed.

- Each Member States must set up “assisting authorities” capable of dealing with applications for compensation. These authorities are responsible for ensuring that victims have adequate access to information and are given adequate assistance during the application process. In addition, they are responsible for processing the applications. Importantly, they are not responsible for assessing the applications but must forward them to the Member State in which the crime was committed.

- Each Member State must set up “deciding authorities”, who will hear cases for compensation lodged by victims of cross-border crime.

- In terms of compensation awarded, the Directive states that, access to compensation in cross-border situations, are to operate on the basis of compensation schemes drawn up in the Member State in which the crime was committed. Accordingly, Member States must ensure that their national rules provide for such compensation schemes.

- Member States will appoint central contact points to help in the exchange of information and to further co-operation between the assisting and the deciding authorities.

- The Directive allows for more favourable provisions in cases where there are compatible with this Directive.

IMPLEMENTATION: 1 January 2006. 1 July 2005 for provisions relating to the implementation of national rules providing for compensation to victims (article 12.2). Measures necessary to comply with this Directive shall apply only to applicants whose injuries result from crimes committed after 30 June 2005.

ENTRY INTO FORCE: 26 August 2004.

Directive 2004/80
OJ L 261 06.08.2004, p. 0015-0018

2574

SEC(2004)0322
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2538

T5-0451/2003
OJ C 082 01.04.2004, p. 0319-0480 E

T5-0451/2003

Debate in Parliament

A5-0330/2003

A5-0330/2003

CES0286/2003
OJ C 095 23.04.2003, p. 0040-0044

COM(2002)0562
EUR-Lex
OJ C 045 25.02.2003, p. 0069 E

COM(2002)0562
EUR-Lex