Brussels, 24/02/2005 (Agence Europe) - On Thursday, the Council adopted a framework decision imposing recognition and imposition in a Member State of fines for infringements in another Member State. The decision includes a list of 39 infringements for which fines of over 70 euros must be automatically recognised and imposed, without verifying whether there is dual incrimination, that is without verifying whether the act in question can also be penalised in the country of implementation. At the top of the list are infringements in breach of the Highway Code. The text will certainly have a significant impact on these infringements, given that this covers speeding in other Member States and not just the country of residency. There were more discussions on this point at the Council, with Germany being particularly vocal.
Infringements subject to automatic fines will be terrorism, trafficking in human beings, fraud, trafficking animals, racism, counterfeiting, trafficking in stolen vehicles, rape and theft. Infringement not on the list of the 39, countries can refuse to execute a fine if the action being tried is not included in its legislation.
A country where the fine is made at the request of another Member State will maintain it unless there is an opposing agreement between the two countries. Requests for execution of a fine have to be sent in a standard formula. Member States have two years to apply this framework decision. The Council took nearly two years to definitely adopt this political agreement of May 2003 (EUROPE 9 May 2003).