A4-0349/97

Draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union on making it a criminal offence to participate in a criminal organization in the Member States of the European Union (10407/1/97 - C4-0480/97 - 97/0913(CNS))

The draft was approved with the following amendments:

(Amendment 1)

Recital 1

>Original text>

Whereas the Council considers that the seriousness and development of certain forms of international crime require strengthening of cooperation between the Member States of the European Union;

>Text following EP vote>

Whereas the seriousness and development of certain forms of national and international crime urgently require strengthening of cooperation between the Member States of the European Union;

(Amendments 17 and 2)

Recital 3

>Original text>

Reiterating its confidence in the structure and functioning of the legal systems of the Member States and in their ability to guarantee a fair trial;

>Text following EP vote>

Reiterating its confidence in the structure and functioning of the legal systems of the Member States and in their ability to guarantee a fair trial within a reasonable time, but considering that they must continue to be improved;

(Amendment 4)

Recital 4a (new)

>Text following EP vote>

Reiterating the need for measures governing efforts to combat such phenomena always to comply with the requirements of the Convention on Human Rights and the principles of the rule of law;

(Amendment 3)

Recital 4b (new)

>Text following EP vote>

Whereas cooperation must also be strengthened between countries applying for accession and the European Union's transatlantic partners;

(Amendment 26)

Article 1

>Original text>

Within the meaning of this Joint Action, criminal organization means the association of more than two persons acting with the common purpose of committing crimes or other offences, in particular drug trafficking, trafficking in human beings and terrorism, as well as other acts of violence against the life, physical integrity or liberty of a person, or creating a collective danger for persons, which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty, using intimidation, threat, violence, fraudulent practice or corruption, or having recourse to commercial or other structures to conceal or facilitate the offence.

>Text following EP vote>

Within the meaning of this Joint Action, criminal organization means the association of more than two persons acting with the common purpose of committing crimes or other offences, in particular drug trafficking, trafficking in human beings , money laundering within the meaning of Article 1 of Directive 91/308/EEC and other forms of financial crime, including financial fraud via the Internet or by way of electronic banking services, financial investments, extraterritorial privileges and tax fraud, such as organized VAT and excise duty fraud and terrorism, which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty, using intimidation, threat, violence, fraudulent practice or corruption, or having recourse to commercial or other structures or other mechanisms, including recourse to support or protection from persons belonging to important institutions, to conceal or facilitate the offence.

(Amendment 8)

Article 2, introductory paragraph

>Original text>

To assist the fight against criminal organizations, each Member State shall undertake, in accordance with the procedure laid down in Article 5, to ensure that the following conduct is punishable by effective, proportionate and deterrent criminal penalties:

>Text following EP vote>

To assist the fight against criminal organizations, each Member State shall undertake, on the basis of common understanding of the concepts of a criminal organization and of participation therein, in accordance with the procedure laid down in Article 5, to offer effective judicial cooperation in connection with offences based on the following conduct and to ensure that such conduct is punishable by criminal penalties:

(Amendment 9)

Article 2 (1)

>Original text>

1. Conduct by any person which contributes to the activities of a criminal organization referred to in Article 1, even where that person does not take part in the actual execution of the offence or offences concerned and, subject to the general principles of the criminal law of the Member States, even where the offence or offences concerned are not actually committed:

>Text following EP vote>

1. Conduct by any person which contributes to the activities of a criminal organization acting with the common purpose of committing offences punishable by deprivation of liberty or a detention order of a maximum of at least three years.

(Amendment 13)

Article 3

>Original text>

Each Member State shall verify that legal persons may be held criminally liable for offences referred to in Article 2 which are committed by that legal person, in accordance with procedures to be laid down in national law. Such criminal liability of the legal person shall be without prejudice to the criminal liability of the natural persons who were the perpetrators of the offences or their accomplices.

>Text following EP vote>

Each Member State shall verify that legal persons may be held liable for offences referred to in Article 2 which are committed on behalf of that legal person, in accordance with procedures to be laid down in national law. Such liability of the legal person shall be without prejudice to the criminal liability of the natural persons who were the perpetrators of the offences or their accomplices.

(Amendment 14)

Article 5a (new)

>Text following EP vote>

Article 5a

The Court of Justice of the European Communities shall be competent to rule, by way of the preliminary ruling sytem, on the validity and the interpretation of this Joint Action.

Legislative resolution embodying Parliament's opinion on the draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union on making it a criminal offence to participate in a criminal organization in the Member States of the European Union (10407/1/97 - C4-0480/97 - 97/0913(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Council draft (10407/1/97 - 97/0913(CNS)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0480/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0349/97),

1. Approves the Council draft, subject to the amendments thereto;

2. Calls on the Council to inform Parliament should it intend to depart from the text approved by Parliament;

3. Instructs its President to forward this opinion to the Council and Commission.