the nationality of the offender,
his / her habitual residence, and
the place of establishment of a legal person for whose benefit the offence is
committed.
Regarding exchange of information, Article 13(1) requires Member States to ensure that they
have operational national points of contact available 24 hours a day and 7 days a week, so
that they can reply to any urgent foreign request within 8 hours.
Furthermore, Member States must take the necessary measures to facilitate the reporting of
the offences mentioned above to the competent national authorities (Article 13(3)) and to
collect and share a minimum amount of statistical data on these offences (Article 14).
1.2 Purpose and methodology of the report
Article 16 of the Directive requires Member States to bring into force the laws, regulations
and administrative provisions necessary to comply with the Directive by 4 September 2015
and communicate them to the Commission.
This report responds to the requirement under Article 17 of the Directive for the Commission
to report to the European Parliament and the Council, assessing the extent to which the
Member States have taken the necessary measures in order to comply with the Directive. The
aim of the report is therefore to provide a concise yet informative overview of the main
transposition measures taken by Member States.
Member State transposition involved collecting information on the relevant legislation and
administrative measures, analysing it, drafting new legislation or — in most cases —
amending existing acts, seeing it through to adoption and finally reporting it to the
Commission.
By the transposition date, 22 Member States had notified the Commission that they had fully
completed the Directive's transposition. In November 2015, the Commission opened
infringement procedures for non-communication of national transposition measures against
the remaining 5 Member States: BE, BG, EL, IE and SI5. As of 31 May 2017, infringement
procedures for non-communication of national transposition measures against BE, BG and IE
were still pending.6
The description and analysis in this report are based on the information that Member States
provided by 31 May 2017.7 Notifications received after that date have not been taken into
account. All notified measures referring to national legislations were taken into account as
well as court decisions and – where appropriate – common legal theory. Furthermore, during
the course of the analysis, the Commission contacted Member States directly where it was
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Member States in this document are abbreviated according to: http://publications.europa.eu/code/en/en5000600.htm.
Information on the Commission's decisions on infringement procedures can be found at:
http://ec.europa.eu/atwork/applying-eu-law/infringementsproceedings/infringement_decisions/?lang_code=en.
IE reported full transposition of the Directive on 31 May 2017.
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