Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

This instrument lays down rules according to which one Member State recognises a decision on supervision measures issued in another Member State as an alternative to provisional detention. Compared to the similar framework decision applicable to probation measures (framework decision 2008/947/JHA), this framework decision creates a regime where the issuing authority remains to a larger extent in control of the measure. However, surrender of the person concerned to the issuing State in case of breach of those measures will require the issuing of an EAW and the executing authority will be able to use all grounds for non recognition provided for in the FD on the EAW to refuse the surrender.

This framework decision was to be transposed by 1 December 2012.