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:
to indicate if the decision was pronounced in absentia;
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(2), 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:
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;
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.
The file provided with regard to persons wanted for arrest for extradition purposes, shall be prepared before the alert is entered. A check should be made to ensure that the information is complete and correctly presented. The following information is to be provided: the details for prosecution or the enforcement of criminal sentences shall, in principle, be provided as an alternative:
006: Surname: The surname used for the main data in the SIS alert is entered under heading 006,
007: Given name,
009: Date of birth,
010: Place of birth,
011: Alias: The first alias name is written out in full and the total number of aliases found is indicated. An M form may be used to send the complete list of alias names,
012: Gender,
013: Nationality: Heading 013 ‘Nationality’ must be filled in as completely as possible on the basis of the available information. If there are any doubts as to the information, code ‘1W’ and the word ‘supposed’ should be added to the word ‘nationality’,
030: Authority issuing the arrest warrant or decision (name and position of the magistrate or public prosecutor or name of the court),
031: Reference No. of arrest warrant or decision (037). See also comments below,
032: Date of arrest warrant or decision (036). Requests for criminal prosecution and enforcement can be summarised in an accompanying document,
033: Name of requesting authority,
034: Maximum penalty/maximum penalty foreseen,
035: Magistrate or court issuing the decision,
036: Date of decision,
037: Decision ref. no,
038: Sentence given,
039: Indication of sentence remaining to be served,
040: Legal texts applicable,
041: Legal description of the deed,
042: Date/period the offence was committed,
044: Description of the facts of the case (including their consequences),
045: Degree of involvement (principal — accessory — aider — abetter).
Each country may use its own legal terminology to describe the degree of participation.
The information given must be in sufficient detail for the other SIRENE bureaux to verify the alert, but not in so much detail as to overload the message system.
If the SIRENE bureaux are unable to receive the message because the number of spaces fixed for the relevant form, for technical reasons, is insufficient, an M form can be sent with supplementary information. The end of the transmission is indicated by the phrase ‘End of Message’ in the last form (heading 044 of A form or heading 083 of M form).
See general procedures in Section 2.9.
In case of alerts for arrest, the SIRENE Bureau shall use field 011 of the A form (3) (at the time of entry of the alert) or subsequently the M form, when informing the other Member States of aliases regarding an alert issued pursuant to Article 95, if this information is available to the SIRENE bureau.
The SIRENE bureau of the issuing Member State may also, if necessary, provide further information, after consultation and/or at the request of another Member State, to help establish a person’s identity. This information shall cover the following, in particular:
the origin of the passport or identity document in the possession of the person sought,
the reference number, issuing date, place and authority as well as the expiry date of the passport or identity document,
description of the person sought,
surname and given name of the wanted person’s mother and father,
to check whether a photo and/or finger prints are available,
last known address.
As far as is possible, this information, including any photographs and fingerprints, shall be available in the SIRENE bureaux, or immediately and permanently accessible to them for speedy transmission.
The common objective is to minimise the risk of wrongly detaining a person whose details are similar to those of the person on whom an alert has been issued.
The information mentioned in 3.3.1 and 3.3.2 shall be sent by the swiftest means available. The issuing Member State shall send the A and M forms at the same time as entering the Article 95(2) alert into the SIS. Any further information required for identification purposes shall be sent after consultation and/or at the request of another Member State. Multiple M forms describing different EAWs (or extradition requests) can be sent if necessary. The M form shall contain information in particular on the type of offence on which the EAW is based, the date of the commission of the offence and the statute of limitations. If the issue of a new EAW concerning a person already subject of a EAW requires the replacement of an existing A form, the fact that the new A form is a replacement shall be indicated on the new form in field 030.
‘Persons wanted for arrest for surrender/extradition’
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 (OJ L 81, 27.3.2009, p. 24).
See footnote 26.