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Official Journal of the European Union
21.12.2011
DIRECTIVES
DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
on the European protection order
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
recognition should extend to all types of judgments and
EUROPEAN UNION,
decisions of a judicial nature, which may, depending on
the legal system, be either criminal or administrative. It
also calls on the Commission and the Member States to
examine how to improve legislation and practical
Having regard to the Treaty on the Functioning of the European
support measures for the protection of victims. The
Union, and in particular Article 82(1)(a) and (d) thereof,
programme also points out that victims of crime can
be offered special protection measures which should be
effective within the Union. This Directive forms part of a
coherent and comprehensive set of measures on victims’
Having regard to the initiative of the Kingdom of Belgium, the
rights.
Republic of Bulgaria, the Republic of Estonia, the Kingdom of
Spain, the French Republic, the Italian Republic, the Republic of
Hungary, the Republic of Poland, the Portuguese Republic,
Romania, the Republic of Finland and the Kingdom of Sweden,
(4) The
resolution
of
the
European
Parliament
of
26 November 2009 on the elimination of violence
against women calls on Member States to improve
After transmission of the draft legislative act to the national
their national laws and policies to combat all forms of
parliaments,
violence against women and to act in order to tackle the
causes of violence against women, not least by
employing preventive measures and calls on the Union
to guarantee the right to assistance and support for all
Acting in accordance with the ordinary legislative procedure (
victims of violence. The resolution of the European

1 ),
Parliament of 10 February 2010 on equality between
women and men in the European Union 2009
endorses the proposal to introduce the European
protection order for victims.
Whereas:
(1) The
European
Union
has
set
itself
the
objective
of
main
taining and developing an area of freedom, security and
(5) In
its
Resolution
of
10
June
2011
on
a
Roadmap
for
strengthening the rights and protection of victims, in
justice.
particular in criminal proceedings, the Council stated
that action should be taken at the level of the Union
in order to strengthen the rights and protection of
victims of crime and called on the Commission to
(2)
Article 82(1) of the Treaty on the Functioning of the
present appropriate proposals to that end. In this
European Union (TFEU) provides that judicial coop
framework, a mechanism should be created to ensure
eration in criminal matters in the Union shall be based
mutual recognition among Member States of decisions
on the principle of mutual recognition of judgments and
concerning protection measures for victims of crime.
judicial decisions.
According to that Resolution, this Directive, which
concerns the mutual recognition of protection measures
taken in criminal matters, should be complemented by
an appropriate mechanism concerning measures taken in
(3) According
to
the
Stockholm
Programme
—
An
open
and
civil matters.
secure Europe serving and protecting citizens ( 2 ), mutual
( 1 ) Position of the European Parliament of 14 December 2010 (not yet
published in the Official Journal) and position of the Council at first
reading of 24 November 2011 (not yet published in the Official
(6) In
a
common
area
of
justice
without
internal
borders,
it
Journal). Position of the European Parliament of 13 December 2011
(not yet published in the Official Journal).
is necessary to ensure that the protection provided to a
( 2 ) OJ C 115, 4.5.2010, p. 1.
natural person in one Member State is maintained and

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continued in any other Member State to which the
does not oblige Member States to amend their national
person moves or has moved. It should also be ensured
law to enable them to adopt protection measures in the
that the legitimate exercise by citizens of the Union of
context of criminal proceedings.
their right to move and reside freely within the territory
of Member States, in accordance with Article 3(2) of the
Treaty on European Union (TEU) and Article 21 TFEU,
does not result in a loss of their protection.
(11) This Directive is intended to apply to protection
measures adopted in favour of victims, or possible
victims, of crimes. This Directive should not therefore
apply to measures adopted with a view to witness
(7) In
order
to
attain
these
objectives,
this
Directive
should
protection.
set out rules whereby the protection stemming from
certain protection measures adopted according to the
law of one Member State (‘the issuing State’) can be
extended to another Member State in which the
(12) If
a
protection
measure,
as
defined
in
this
Directive,
is
protected person decides to reside or stay (‘the
adopted for the protection of a relative of the main
executing State’).
protected person, a European protection order may also
be requested by and issued in respect of that relative,
subject to the conditions laid down in this Directive.
(8) This
Directive
takes
account
of
the
different
legal
traditions of the Member States as well as the fact that
(13) Any
request
for
the
issuing
of
a
European
protection
effective protection can be provided by means of
order should be treated with appropriate speed, taking
protection orders issued by an authority other than a
into account the specific circumstances of the case,
criminal court. This Directive does not create obligations
including the urgency of the matter, the date foreseen
to modify national systems for adopting protection
for the arrival of the protected person on the territory
measures nor does it create obligations to introduce or
of the executing State and, where possible, the degree of
amend a criminal law system for executing a European
risk for the protected person.
protection order.
(14) Where
information
is
to
be
provided
under
this
Directive
(9) This
Directive
applies
to
protection
measures
which
aim
to the protected person or to the person causing danger,
specifically to protect a person against a criminal act of
this information should also, where relevant, be provided
another person which may, in any way, endanger that
to the guardian or the representative of the person
person’s life or physical, psychological and sexual
concerned. Due attention should also be paid to the
integrity, for example by preventing any form of
need for the protected person, the person causing
harassment, as well as that person’s dignity or personal
danger or the guardian or representative in the
liberty, for example by preventing abductions, stalking
proceedings, to receive the information provided for by
and other forms of indirect coercion, and which aim to
this Directive, in a language that that person understands.
prevent new criminal acts or to reduce the consequences
of previous criminal acts. These personal rights of the
protected person correspond to fundamental values
recognised and upheld in all Member States. However,
(15) In the procedures for the issuing and recognition of a
a Member State is not obliged to issue a European
European protection order, competent authorities should
protection order on the basis of a criminal measure
give appropriate consideration to the needs of victims,
which does not serve specifically to protect a person,
including particularly vulnerable persons, such as minors
but primarily serves other aims, for example the social
or persons with disabilities.
rehabilitation of the offender. It is important to underline
that this Directive applies to protection measures which
aim to protect all victims and not only the victims of
gender violence, taking into account the specificities of
each type of crime concerned.
(16) For
the
application
of
this
Directive,
a
protection
measure

may have been imposed following a judgment within the
meaning of Council Framework Decision 2008/947/JHA
of 27 November 2008 on the application of the
principle of mutual recognition to judgments and
(10) This
Directive
applies
to
protection
measures
adopted
in
probation decisions with a view to the supervision of
criminal matters, and does not therefore cover protection
probation measures and alternative sanctions ( 1 ), or
measures adopted in civil matters. For a protection
following a decision on supervision measures within
measure to be executable in accordance with this
the meaning of Council Framework Decision
Directive, it is not necessary for a criminal offence to
2009/829/JHA of 23 October 2009 on the application,
have been established by a final decision. Nor is the
between Member States of the European Union, of the
criminal, administrative or civil nature of the authority
adopting a protection measure relevant. This Directive
( 1 ) OJ L 337, 16.12.2008, p. 102.

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Official Journal of the European Union
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principle of mutual recognition to decisions on super
executing State is not required in all cases to take the
vision measures as an alternative to provisional
same protection measure as those which were adopted in
detention ( 1 ). If a decision was adopted in the issuing
the issuing State, and has a degree of discretion to adopt
State on the basis of one of those Framework Decisions,
any measure which it deems adequate and appropriate
the recognition procedure should be followed
under its national law in a similar case in order to
accordingly in the executing State. This, however,
provide continued protection to the protected person
should not exclude the possibility to transfer a
in the light of the protection measure adopted in the
European protection order to a Member State other
issuing State as described in the European protection
than the State executing decisions based on those
order.
Framework Decisions.
(21) The
prohibitions
or
restrictions
to
which
this
Directive
(17) In
accordance
with
Article
6
of
the
European
Convention
applies include, among others, measures aimed at
for the Protection of Human Rights and Fundamental
limiting personal or remote contacts between the
Freedoms and with the second paragraph of Article 47
protected person and the person causing danger, for
of the Charter of Fundamental Rights of the European
example by imposing certain conditions on such
Union, the person causing danger should be provided,
contacts or imposing restrictions on the contents of
either during the procedure leading to the adoption of
communications.
a protection measure or before issuing a European
protection order, with the possibility of being heard
and challenging the protection measure.
(22) The
competent
authority
of
the
executing
State
should
inform the person causing danger, the competent
(18) In
order
to
prevent
a
crime
being
committed
against
the
authority of the issuing State and the protected person
victim in the executing State, that State should have the
of any measure adopted on the basis of the European
legal means for recognising the decision previously
protection order. In the notification to the person
adopted in the issuing State in favour of the victim,
causing danger, due regard should be taken of the
while also avoiding the need for the victim to start
interest of the protected person in not having that
new proceedings or to produce evidence in the
person’s address or other contact details disclosed. Such
executing State again, as if the issuing State had not
details should be excluded from the notification,
adopted the decision. The recognition of the European
provided that the address or other contact details are
protection order by the executing State implies, inter alia,
not included in the prohibition or restriction imposed
that the competent authority of that State, subject to the
as an enforcement measure on the person causing
limitations set out in this Directive, accepts the existence
danger.
and validity of the protection measure adopted in the
issuing State, acknowledges the factual situation
described in the European protection order, and agrees
that protection should be provided and should continue
(23) When the
competent authority in the issuing State
to be provided in accordance with its national law.
withdraws the European protection order, the

competent authority in the executing State should
discontinue the measures which it has adopted in order
to enforce the European protection order, it being
(19) This
Directive
contains
an
exhaustive
list
of
prohibitions
understood that the competent authority in the
and restrictions which, when imposed in the issuing State
executing State may — autonomously, and in accordance
and included in the European protection order, should be
with its national law — adopt any protection measure
recognised and enforced in the executing State, subject to
under its national law in order to protect the person
the limitations set out in this Directive. Other types of
concerned.
protection measures may exist at national level, such as,
if provided by national law, the obligation on the person
causing danger to remain in a specified place. Such
measures may be imposed in the issuing State in the
(24) Given
that
this
Directive
deals
with
situations
in
which
framework of the procedure leading to the adoption of
the protected person moves to another Member State,
one of the protection measures which, according to this
issuing or executing a European protection order
Directive, may be the basis for a European protection
should not imply any transfer to the executing State of
order.
powers relating to principal, suspended, alternative,
conditional or secondary penalties, or relating to
security measures imposed on the person causing
danger, if the latter continues to reside in the State
(20) Since,
in
the
Member
States,
different
kinds
of
authorities
that adopted the protection measure.
(civil, criminal or administrative) are competent to adopt
and enforce protection measures, it is appropriate to
provide a high degree of flexibility in the cooperation
mechanism between the Member States under this
(25) Where
appropriate,
it
should
be
possible
to
use
electronic
Directive. Therefore, the competent authority in the
means with a view to putting into practice the measures
adopted in application of this Directive, in accordance
( 1 ) OJ L 294, 11.11.2009, p. 20.
with national laws and procedures.

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(26) In
the
context
of
cooperation
among
the
authorities
(31) Without prejudice to judicial independence and
involved in ensuring the protection of the protected
differences in the organisation of the judiciary across
person, the competent authority of the executing State
the Union, Member States should consider requesting
should communicate to the competent authority of the
those responsible for the training of judges, prosecutors,
issuing State any breach of the measures adopted in the
police and judicial staff involved in the procedures aimed
executing State with a view to executing the European
at issuing or recognising a European protection order to
protection order. This communication should enable the
provide appropriate training with respect to the
competent authority of the issuing State to promptly
objectives of this Directive.
decide on any appropriate response with respect to the
protection measure imposed in its State on the person
causing danger. Such a response may comprise, where
(32) In order to facilitate the evaluation of the application of
appropriate, the imposition of a custodial measure in
this Directive, Member States should communicate to the
substitution of the non-custodial measure that was
Commission relevant data related to the application of
originally adopted, for example, as an alternative to
national procedures on the European protection order, at
preventive detention or as a consequence of the condi
least with regard to the number of European protection
tional suspension of a penalty. It is understood that such
orders requested, issued and/or recognised. In this
a decision, since it does not impose ex novo a penalty in
respect, other types of data, such as, for example, the
relation to a new criminal offence, does not interfere
types of crimes concerned, would also be useful.
with the possibility that the executing State may, where
applicable, impose penalties in the event of a breach of
the measures adopted in order to execute the European
protection order.
(33) This
Directive
should
contribute
to
the
protection
of
persons who are in danger, thereby complementing,
but not affecting, the instruments already in place in
this field, such as Framework Decision 2008/947/JHA
(27) In view of the different legal traditions of the Member
and Framework Decision 2009/829/JHA.
States, where no protection measure would be available
in the executing State in a case similar to the factual
situation described in the European protection order,
(34) When a decision relating to a protection measure falls
the competent authority of the executing State should
within the scope of Council Regulation (EC) No 44/2001
report any breach of the protection measure described
of 22 December 2000 on jurisdiction and the recog
in the European protection order of which it is aware to
nition and enforcement of judgments in civil and
the competent authority of the issuing State.
commercial matters
( 1 ), Council Regulation (EC)
No 2201/2003 of 27 November 2003 concerning juris
diction and the recognition and enforcement of
judgments in matrimonial matters and the matters of
(28) In order to ensure the smooth application
of this
parental responsibility ( 2 ), or the 1996 Hague Convention
Directive in each particular case, the competent
on Jurisdiction, Applicable Law, Recognition,
authorities of the issuing and the executing States
Enforcement and Cooperation in respect of Parental
should exercise their competencies in accordance with
Responsibility and Measures for the Protection of
the provisions of this Directive, taking into account the
Children ( 3 ), the recognition and enforcement of that
principle of ne bis in idem.
decision should be carried out in accordance with the
provisions of the relevant legal instrument.
(29) The
protected
person
should
not
be
required
to
sustain
(35) Member States and the Commission should include
costs related to the recognition of the European
information about the European protection order,
protection order which are disproportionate to a
where it is appropriate, in existing education and
similar national case. When implementing this Directive,
awareness-raising campaigns on the protection of
Member States should ensure that, after recognition of
victims of crime.
the European protection order, the protected person is
not required to initiate further national proceedings to
obtain from the competent authority of the executing
(36) Personal data processed when implementing this
State, as a direct consequence of the recognition of the
Directive should be protected in accordance with
European protection order, a decision adopting any
Council Framework Decision 2008/977/JHA of
measure that would be available under its national law
27 November 2008 on the protection of personal data
in a similar case in order to ensure the protection of the
processed in the framework of police and judicial coop
protected person.
eration in criminal matters ( 4 ) and with the principles laid
down in the 1981 Council of Europe Convention for the
Protection of Individuals with regard to Automatic
Processing of Personal Data.
(30) Bearing
in
mind
the
principle
of
mutual
recognition
upon which this Directive is based, Member States
should promote, to the widest extent possible, direct
( 1 ) OJ L 12, 16.1.2001, p. 1.
( 2 ) OJ L 338, 23.12.2003, p. 1.
contact between the competent authorities when they
( 3 ) OJ L 48, 21.2.2003, p. 3.
apply this Directive.
( 4 ) OJ L 350, 30.12.2008, p. 60.

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(37) This
Directive
should respect the fundamental rights
been adopted with a view to protecting a person against a
guaranteed by the Charter of Fundamental Rights of
criminal act by another person which may endanger his life,
the European Union and by the European Convention
physical or psychological integrity, dignity, personal liberty or
for the Protection of Human Rights and Fundamental
sexual integrity, to issue a European protection order enabling a
Freedoms, in accordance with Article 6 TEU.
competent authority in another Member State to continue the
protection of the person in the territory of that other Member
State, following criminal conduct, or alleged criminal conduct,
in accordance with the national law of the issuing State.
(38) When
implementing
this
Directive,
Member
States
are
encouraged to take into account the rights and principles
enshrined in the 1979 United Nations Convention on the
elimination of all forms of discrimination against
Article 2
women.
Definitions
For the purposes of this Directive the following definitions shall
(39) Since
the
objective
of
this
Directive,
namely
to
protect
apply:
persons who are in danger, cannot be sufficiently
achieved by the Member States and can therefore, by
reason of its scale and effects, be better achieved at
(1) ‘European protection order’ means a decision, taken by a
Union level, the Union may adopt measures, in
judicial or equivalent authority of a Member State in
accordance with the principle of subsidiarity as set out
relation to a protection measure, on the basis of which a
in Article 5 TEU. In accordance with the principle of
judicial or equivalent authority of another Member State
proportionality, as set out in that Article, this Directive
takes any appropriate measure or measures under its own
does not go beyond what is necessary in order to achieve
national law with a view to continuing the protection of the
that objective.
protected person;
(40) In
accordance
with
Article
3
of
the
Protocol
(No
21)
on
(2) ‘protection measure’ means a decision in criminal matters
the position of the United Kingdom and Ireland in
adopted in the issuing State in accordance with its national
respect of the Area of Freedom, Security and Justice
law and procedures by which one or more of the
annexed to the Treaty on European Union and to the
prohibitions or restrictions referred to in Article 5 are
Treaty on the Functioning of the European Union, the
imposed on a person causing danger in order to protect a
United Kingdom has notified its wish to take part in the
protected person against a criminal act which may endanger
adoption and application of this Directive.
his life, physical or psychological integrity, dignity, personal
liberty or sexual integrity;
(41) In accordance with Articles 1 and 2 of the Protocol
(No 21) on the position of the United Kingdom and
(3) ‘protected person’ means a natural person who is the object
Ireland in respect of the Area of Freedom, Security and
of the protection resulting from a protection measure
Justice annexed to the Treaty on European Union and to
adopted by the issuing State;
the Treaty on the Functioning of the European Union,
and without prejudice to Article 4 of that Protocol,
Ireland is not taking part in the adoption of this
Directive and is not bound by it or subject to its appli
(4) ‘person causing danger’ means the natural person on whom
cation.
one or more of the prohibitions or restrictions referred to in
Article 5 have been imposed;
(42) In accordance with Articles 1 and 2 of the Protocol
(No 22) on the position of Denmark annexed to the
(5) ‘issuing State’ means the Member State in which a
Treaty on European Union and to the Treaty on the
protection measure has been adopted that constitutes the
Functioning of the European Union, Denmark is not
basis for issuing a European protection order;
taking part in the adoption of this Directive and is not
bound by it or subject to its application,
(6) ‘executing State’ means the Member State to which a
European protection order has been forwarded with a
HAVE ADOPTED THIS DIRECTIVE:
view to its recognition;
Article 1
(7) ‘State of supervision’ means the Member State to which a
Objective
judgment within the meaning of Article 2 of Framework
Decision 2008/947/JHA, or a decision on supervision
This Directive sets out rules allowing a judicial or equivalent
measures within the meaning of Article 4 of Framework
authority in a Member State, in which a protection measure has
Decision 2009/829/JHA, has been transferred.

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Article 3
(c) a prohibition or regulation on approaching the protected
person closer than a prescribed distance.
Designation of competent authorities
1. Each
Member
State
shall
inform
the
Commission
which
judicial or equivalent authority or authorities are competent
under its national law to issue a European protection order
and to recognise such an order, in accordance with this
Article 6
Directive, when that Member State is the issuing State or the
Issuing of a European protection order
executing State.
1. A
European
protection
order
may
be
issued
when
the
protected person decides to reside or already resides in
another Member State, or when the protected person decides
2. The
Commission
shall
make
the
information
received to stay or already stays in another Member State. When
available to all Member States. Member States shall inform
deciding upon the issuing of a European protection order, the
the Commission of any change to the information referred to
competent authority in the issuing State shall take into account,
in paragraph 1.
inter alia, the length of the period or periods that the protected
person intends to stay in the executing State and the seriousness
of the need for protection.
Article 4
Recourse to a central authority
1. Each
Member
State
may
designate
a
central
authority
or, 2. A judicial or equivalent authority of the issuing State may
where its legal system so provides, more than one central
issue a European protection order only at the request of the
authority, to assist its competent authorities.
protected person and after verifying that the protection measure
meets the requirements set out in Article 5.
2. A
Member
State
may,
if
it
is
necessary
as
a
result
of
the
organisation of its internal judicial system, make its central
authority or authorities responsible for the administrative trans
3. The
protected
person
may
submit
a
request
for
the
issuing
mission and reception of any European protection order, as well
of a European protection order either to the competent
as for all other official correspondence relating thereto. As a
authority of the issuing State or to the competent authority
consequence, all communications, consultations, exchanges of
of the executing State. If such a request is submitted in the
information, enquiries and notifications between competent
executing State, its competent authority shall transfer this
authorities may be dealt with, where appropriate, with the
request as soon as possible to the competent authority of the
assistance of the designated central authority or authorities of
issuing State.
the Member State concerned.
3. Member
States
wishing
to
make
use
of
the
possibilities 4. Before
issuing
a
European
protection
order,
the
person
referred to in this Article shall communicate to the Commission
causing danger shall be given the right to be heard and the
information relating to the designated central authority or
right to challenge the protection measure, if that person has
authorities. These indications shall be binding upon all the
not been granted these rights in the procedure leading to the
authorities of the issuing State.
adoption of the protection measure.
Article 5
5. When a competent authority adopts a protection measure
Need for an existing protection measure under national
containing one or more of the prohibitions or restrictions
law
referred to in Article 5, it shall inform the protected person
A European protection order may only be issued when a
in an appropriate way, in accordance with the procedures
protection measure has been previously adopted in the issuing
under its national law, about the possibility of requesting a
State, imposing on the person causing danger one or more of
European protection order in the case that that person
the following prohibitions or restrictions:
decides to leave for another Member State, as well as of the
basic conditions for such a request. The authority shall advise
the protected person to submit an application before leaving the
territory of the issuing State.
(a) a prohibition from entering certain localities, places or
defined areas where the protected person resides or visits;
6. If
the
protected
person
has
a
guardian
or
representative,
(b) a prohibition or regulation of contact, in any form, with the
that guardian or representative may introduce the request
protected person, including by phone, electronic or ordinary
referred to in paragraphs 2 and 3, on behalf of the protected
mail, fax or any other means; or
person.

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7. If
the
request
to
issue
a
European
protection
order
is (k) an express indication, where applicable, that a judgment
rejected, the competent authority of the issuing State shall
within the meaning of Article 2 of Framework Decision
inform the protected person of any applicable legal remedies
2008/947/JHA, or a decision on supervision measures
that are available, under its national law, against such a decision.
within the meaning of Article 4 of Framework Decision
2009/829/JHA, has already been transferred to the State
of supervision, when this is different from the State of
Article 7
execution of the European protection order, and the identi
fication of the competent authority of that State for the
Form and content of the European protection order
enforcement of such a judgment or decision.
The European protection order shall be issued in accordance
with the form set out in Annex I to this Directive. It shall, in
particular, contain the following information:
Article 8
(a) the identity and nationality of the protected person, as well
Transmission procedure
as the identity and nationality of the guardian or represen
tative if the protected person is a minor or is legally inca
1. Where
the
competent
authority
of
the
issuing
State
pacitated;
transmits the European protection order to the competent
authority of the executing State, it shall do so by any means
which leaves a written record so as to allow the competent
(b) the date from which the protected person intends to reside
authority of the executing State to establish its authenticity.
or stay in the executing State, and the period or periods of
All official communication shall also be made directly
stay, if known;
between those competent authorities.
(c) the name, address, telephone and fax numbers and e-mail
address of the competent authority of the issuing State;
2. If the competent authority of either the executing State or
the issuing State is not known to the competent authority of
(d) identification (for example, through a number and date) of
the other State, the latter authority shall make all the relevant
the legal act containing the protection measure on the basis
enquiries, including via the contact points of the European
of which the European protection order is issued;
Judicial Network referred to in Council Decision 2008/976/JHA
of 16 December 2008 on the European Judicial Network ( 1 ), the
National Member of Eurojust or the National System for the
(e) a summary of the facts and circumstances which have led to
coordination of Eurojust of its State, in order to obtain the
the adoption of the protection measure in the issuing State;
necessary information.
(f) the prohibitions or restrictions imposed, in the protection
measure underlying the European protection order, on the
person causing danger, their duration and the indication of
3. When
an
authority
of
the
executing
State
which
receives
a
the penalty, if any, in the event of the breach of any of the
European protection order has no competence to recognise it,
prohibitions or restrictions;
that authority shall, ex officio, forward the European protection
order to the competent authority and shall, without delay,
inform the competent authority of the issuing State accordingly
(g) the use of a technical device, if any, that has been provided
by any means which leaves a written record.
to the protected person or to the person causing danger as a
means of enforcing the protection measure;
(h) the identity and nationality of the person causing danger, as
Article 9
well as that person’s contact details;
Measures in the executing State
1. Upon
receipt
of
a
European
protection
order
transmitted
(i) where such information is known by the competent
in accordance with Article 8, the competent authority of the
authority of the issuing State without requiring further
executing State shall, without undue delay, recognise that order
inquiry, whether the protected person and/or the person
and take a decision adopting any measure that would be
causing danger has been granted free legal aid in the
available under its national law in a similar case in order to
issuing State;
ensure the protection of the protected person, unless it decides
to invoke one of the grounds for non-recognition referred to in
Article 10. The executing State may apply, in accordance with
(j) a description, where appropriate, of other circumstances
its national law, criminal, administrative or civil measures.
that could have an influence on the assessment of the
danger that confronts the protected person;
( 1 ) OJ L 348, 24.12.2008, p. 130.

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2. The
measure
adopted
by
the
competent
authority
of
the (g) recognition of the European protection order would
executing State in accordance with paragraph 1, as well as any
contravene the ne bis in idem principle;
other measure taken on the basis of a subsequent decision as
referred to in Article 11, shall, to the highest degree possible,
correspond to the protection measure adopted in the issuing
State.
(h) under the law of the executing State, the person causing
danger cannot, because of that person’s age, be held
criminally responsible for the act or the conduct in
3. The
competent
authority
of
the
executing
State
shall
relation to which the protection measure has been adopted;
inform the person causing danger, the competent authority of
the issuing State and the protected person of any measures
adopted in accordance with paragraph 1, as well as of the
possible legal consequence of a breach of such measure
(i) the protection measure relates to a criminal offence which,
provided for under national law and in accordance with
under the law of the executing State, is regarded as having
Article 11(2). The address or other contact details of the
been committed, wholly or for a major or essential part,
protected person shall not be disclosed to the person causing
within its territory.
danger unless such details are necessary in view of the
enforcement of the measure adopted in accordance with
paragraph 1.
2. Where
the
competent
authority
of
the
executing
State
refuses to recognise a European protection order in application
4. If the competent authority in the executing State considers
of one of the grounds referred to in paragraph 1, it shall:
that the information transmitted with the European protection
order in accordance with Article 7 is incomplete, it shall
without delay inform the competent authority of the issuing
State by any means which leaves a written record, assigning a
(a) without undue delay, inform the issuing State and the
reasonable period for it to provide the missing information.
protected person of this refusal and of the grounds
relating thereto;
Article 10
Grounds for non-recognition of a European protection
order
(b) where appropriate, inform the protected person about the
possibility of requesting the adoption of a protection
1. The
competent
authority
of
the
executing
State
may
refuse
measure in accordance with its national law;
to recognise a European protection order in the following
circumstances:
(c) inform the protected person of any applicable legal
(a) the European protection order is not complete or has not
remedies that are available under its national law against
been completed within the time limit set by the competent
such a decision.
authority of the executing State;
(b) the requirements set out in Article 5 have not been met;
Article 11
Governing law and competence in the executing State
(c) the protection measure relates to an act that does not
constitute a criminal offence under the law of the
1. The
executing
State
shall
be
competent
to
adopt
and
to
executing State;
enforce measures in that State following the recognition of a
European protection order. The law of the executing State shall
apply to the adoption and enforcement of the decision provided
(d) the protection derives from the execution of a penalty or
for in Article 9(1), including rules on legal remedies against
measure that, according to the law of the executing State, is
decisions adopted in the executing State relating to the
covered by an amnesty and relates to an act or conduct
European protection order.
which falls within its competence according to that law;
(e) there is immunity conferred under the law of the executing
2. In the event of a breach of one or more of the measures
State on the person causing danger, which makes it
taken by the executing State following the recognition of a
impossible to adopt measures on the basis of a European
European protection order, the competent authority of the
protection order;
executing State shall, in accordance with paragraph 1, be
competent to:
(f) criminal prosecution, against the person causing danger, for
the act or the conduct in relation to which the protection
measure has been adopted is statute-barred under the law of
(a) impose criminal penalties and take any other measure as a
the executing State, when the act or the conduct falls within
consequence of the breach, if that breach amounts to a
its competence under its national law;
criminal offence under the law of the executing State;

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(b) take any non-criminal decisions related to the breach;
4. When
the
protection
measure
is
contained
in
a
judgment
within the meaning of Article 2 of Framework Decision
2008/947/JHA which has been transferred or is transferred
after the issuing of the European protection order to another
(c) take any urgent and provisional measure in order to put an
Member State, and the competent authority of the State of
end to the breach, pending, where appropriate, a subsequent
supervision has made subsequent decisions affecting the obli
decision by the issuing State.
gations or instructions contained in the protection measure in
accordance with Article 14 of that Framework Decision, the
competent authority of the issuing State shall renew, review,
3. If there is no available measure at national level in a
modify, revoke or withdraw without delay the European
similar case that could be taken in the executing State, the
protection order accordingly.
competent authority of the executing State shall report to the
competent authority of the issuing State any breach of the
protection measure described in the European protection
5. The
competent
authority
of
the
issuing
State
shall
inform
order of which it is aware.
the competent authority of the executing State without delay of
any decision taken in accordance with paragraph 1 or 4.
Article 12
6.
If the competent authority in the issuing State has revoked
Notification in the event of breach
or withdrawn the European protection order in accordance with
point (a) of paragraph 1 or with paragraph 4, the competent
The competent authority of the executing State shall notify the
authority in the executing State shall discontinue the measures
competent authority of the issuing State or of the State of
adopted in accordance with Article 9(1) as soon as it has been
supervision of any breach of the measure or measures taken
duly notified by the competent authority of the issuing State.
on the basis of the European protection order. Notice shall be
given using the standard form set out in Annex II.
7. If the competent authority in the issuing State has
modified the European protection order in accordance with
Article 13
point (a) of paragraph 1 or with paragraph 4, the competent
authority in the executing State shall, as appropriate:
Competence in the issuing State
1. The
competent
authority
of
the
issuing
State
shall
have
exclusive competence to take decisions relating to:
(a) modify the measures adopted on the basis of the European
protection order, acting in accordance with Article 9; or
(a) the renewal, review, modification, revocation and with
drawal of the protection measure and, consequently, of
(b) refuse to enforce the modified prohibition or restriction
the European protection order;
when it does not fall within the types of prohibitions or
restrictions referred to in Article 5, or if the information
transmitted with the European protection order in
accordance with Article 7 is incomplete or has not been
(b) the imposition of a custodial measure as a consequence of
completed within the time limit set by the competent
revocation of the protection measure, provided that the
authority of the executing State in accordance with
protection measure has been applied on the basis of a
Article 9(4).
judgment within the meaning of Article 2 of Framework
Decision 2008/947/JHA, or on the basis of a decision on
supervision measures within the meaning of Article 4 of
Framework Decision 2009/829/JHA;
Article 14
Grounds for discontinuation of measures taken on the
basis of a European protection order
2. The
law
of
the
issuing
State
shall
apply
to
decisions 1. The
competent
authority
of
the
executing
State
may
adopted in accordance with paragraph 1.
discontinue the measures taken in execution of a European
protection order:
3. Where
a
judgment
within
the
meaning
of
Article
2
of
Framework Decision 2008/947/JHA, or a decision on super
(a) where there is clear indication that the protected person
vision measures within the meaning of Article 4 of
does not reside or stay in the territory of the executing
Framework Decision 2009/829/JHA, has already been trans
State, or has definitively left that territory;
ferred, or is transferred after the issuing of the European
protection order, to another Member State, subsequent
decisions, as provided for by those Framework Decisions,
(b) where, according to its national law, the maximum term of
shall be taken in accordance with the relevant provisions of
duration of the measures adopted in execution of the
those Framework Decisions.
European protection order has expired;

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(c) in the case referred to in Article 13(7)(b); or
3. Any
Member
State
may,
either
when
this
Directive
is
adopted or at a later date, state in a declaration that it shall
deposit with the Commission that it will accept a translation in
one or more other official languages of the Union.
(d) where a judgment within the meaning of Article 2 of
Framework Decision 2008/947/JHA, or a decision on super
vision measures within the meaning of Article 4 of
Framework Decision 2009/829/JHA, is transferred to the
executing State after the recognition of the European
Article 18
protection order.
Costs
Costs resulting from the application of this Directive shall be
borne by the executing State, in accordance with its national
2. The
competent
authority
of
the
executing
State
shall law, except for costs arising exclusively within the territory of
immediately inform the competent authority of the issuing
the issuing State.
State and, where possible, the protected person of such decision.
Article 19
3. Before
discontinuing
measures
in
accordance
with
point
(b) of paragraph 1 the competent authority of the executing
Relationship with other agreements and arrangements
State may invite the competent authority of the issuing State
1. Member
States
may
continue
to
apply
bilateral
or
multi
to provide information as to whether the protection provided
lateral agreements or arrangements which are in force upon the
for by the European protection order is still needed in the
entry into force of this Directive, in so far as they allow the
circumstances of the case in question. The competent
objectives of this Directive to be extended or enlarged and help
authority of the issuing State shall, without delay, reply to
to simplify or facilitate further the procedures for taking
such an invitation.
protection measures.
Article 15
2. Member
States
may
conclude
bilateral
or
multilateral
Priority in recognition of a European protection order
agreements or arrangements after the entry into force of this
A European protection order shall be recognised with the same
Directive, in so far as they allow the objectives of this Directive
priority which would be applicable in a similar national case,
to be extended or enlarged and help to simplify or facilitate the
taking into consideration any specific circumstances of the case,
procedures for taking protection measures.
including the urgency of the matter, the date foreseen for the
arrival of the protected person on the territory of the executing
State and, where possible, the degree of risk for the protected
person.
3. By
11
April
2012,
Member
States
shall
notify
the
Commission of the existing agreements and arrangements
referred to in paragraph 1 which they wish to continue
applying. Member States shall also notify the Commission of
Article 16
any new agreements or arrangements referred to in paragraph 2
Consultations between competent authorities
within three months of the signing thereof.
Where appropriate, the competent authorities of the issuing
State and of the executing State may consult each other in
order to facilitate the smooth and efficient application of this
Directive.
Article 20
Relationship with other instruments
1. This
Directive
shall
not
affect
the
application
of
Regu
Article 17
lation (EC) No 44/2001, Regulation (EC) No 2201/2003, the
1996 Hague Convention on Jurisdiction, Applicable Law,
Languages
Recognition, Enforcement and Cooperation in respect of
1. A
European
protection
order
shall
be
translated
by
the Parental Responsibility and Measures for the Protection of
competent authority of the issuing State into the official
Children, or the 1980 Hague Convention on the Civil Aspects
language or one of the official languages of the executing State.
of International Child Abduction.
2. The
form
referred
to
in
Article
12
shall
be
translated
by
2. This Directive shall not affect the application of
the competent authority of the executing State into the official
Framework Decision 2008/947/JHA or Framework Decision
language or one of the official languages of the issuing State.
2009/829/JHA.

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Article 21
Article 23
Implementation
Review
1. Member
States
shall
bring
into
force
the
laws,
regulations By 11 January 2016, the Commission shall submit a report to
and administrative provisions to comply with this Directive by
the European Parliament and to the Council on the application
11 January 2015. They shall forthwith inform the Commission
of this Directive. That report shall be accompanied, if necessary,
thereof.
by legislative proposals.
Article 24
When Member States adopt those measures, they shall contain a
reference to this Directive or shall be accompanied by such
Entry into force
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
This Directive shall enter into force on the 20th day following
Member States.
its publication in the Official Journal of the European Union.
Article 25
2. Member
States
shall
communicate
to
the
Commission
the
Addressees
text of the main provisions of national law which they adopt in
the field covered by this Directive.
This Directive is addressed to the Member States in accordance
with the Treaties.
Article 22
Done at Strasbourg, 13 December 2011.
Data collection
Member States shall, in order to facilitate the evaluation of the
application of this Directive, communicate to the Commission
For the European Parliament
For the Council
relevant data related to the application of national procedures
on the European protection order, at least on the number of
The President
The President
European protection orders requested, issued and/or recognised.
J. BUZEK
M. SZPUNAR

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ANNEX I
EUROPEAN PROTECTION ORDER
referred to in Article 7 of
DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011
ON THE EUROPEAN PROTECTION ORDER
The information contained in this form is to be treated with appropriate confidentiality

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Union L
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Union L
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ANNEX II
FORM
referred to in Article 12 of
DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011
ON THE EUROPEAN PROTECTION ORDER
NOTIFICATION OF A BREACH OF THE MEASURE TAKEN ON THE BASIS OF THE EUROPEAN
PROTECTION ORDER
The information contained in this form is to be treated with appropriate confidentiality

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Official Journal of the European Union
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