P6_TA(2007)0228
Prüm Treaty: cross-border cooperation in combating terrorism and cross-border
crime *
European Parliament legislative resolution of 7 June 2007 on the initiative by the Kingdom of Bel-
gium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French
Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Aus-tria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, thePortuguese Republic, Romania and the Kingdom of Sweden on the stepping up of cross-bordercooperation, particularly in combating terrorism and cross-border crime (6566/2007 —
C6-0079/2007 —2007/0804(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the initiative by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Repub-
lic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, theKingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic,the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom ofSweden (6566/2007) (
1),
— having regard to the Council's drafting amendments (7273/1/2007 of 17 April 2007) (1),
— having regard to Article 34(2)(c) of the EU Treaty,
— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament
(C6-0079/2007),
— having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
— having regard to Rules 93, 51 and 35 of its Rules of Procedure,
— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs
(A6-0207/2007),
1. Approves the initiative by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of
Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom ofthe Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic,the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden as amended;
2. Calls on the Council to amend the text accordingly;3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Calls on the Council to consult Parliament if it intends to amend the initiative by the Kingdom of
Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French
Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, theRepublic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the PortugueseRepublic, Romania and the Kingdom of Sweden substantially;
(1) Not yet published in OJ.C 125 E/120 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
5. Regrets the obligation imposed on Parliament by the Council to express its opinion as a matter of
urgency, without adequate and appropriate time for Parliamentary review and the absence both of a com-prehensive impact assessment and an evaluation of the application of the Prüm Treaty to date, and of anadequate framework decision for the protection of personal data in police and judicial cooperation, which itconsiders necessary before any legislation is adopted under the third pillar;
6. Instructs its President to forward its position to the Council and the Commission, and the govern-
ments of the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdomof Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, theRepublic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic ofFinland, the Portuguese Republic, Romania and the Kingdom of Sweden.
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 1
Title
COUNCIL DECISION 2007/ …/JHA of …on the stepping up of
cross-border cooperation, particularly in combating terrorismand cross-border crimeCOUNCIL FRAMEWORK DECISION 2007/ …/JHA of …on
the stepping up of cross-border cooperation, particularly incombating terrorism and cross-border crime
(This amendment applies throughout the text.)
Amendment 2
Citation 1
Having regard to the Treaty on European Union, and in particu-
lar Article 30(1)(a) and (b), Article 31(1)(a), Article 32 andArticle 34(2)(c) thereof,Having regard to the Treaty on European Union, and in particu-
lar Article 30(1)(a) and (b), Article 31(1)(a), Article 32 andArticle 34(2)(b) thereof,
Amendment 3
Citation 2a (new)
Having regard to the opinion of the European Data Protection
Supervisor of 4 April 2007,
Amendment 4
Recital 1
(1) The Council of the European Union attaches fundamental
importance to the establishment of an area of freedom, security
and justice, which is afundamental concern of the people of
theStates brought together in the Union.(1) The Council of the European Union attaches fundamental
importance to the area of freedom, security and justice, which isfundamental tothe people of the European Union.22.5.2008 EN C 125 E/121 Official Journal of the European Union
Thursday 7 June 2007
Amendment 5
Recital 10
(10) These requirements are satisfied by the Prüm Treaty of
27 May 2005 between the Kingdom of Belgium, the Federal
Republic of Germany, the Kingdom of Spain, the French Repub-
lic, the Grand Duchy of Luxembourg, the Kingdom of the Neth-erlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration. In order that the substantive
requirements of the Hague Programme can be fulfilled for all
Member States and that its targets in terms of time-scale can
be achieved , the essential parts of the Prüm Treaty need to be
made applicable to all Member States. This Council Decisionshould therefore be based on the main provisions of the Prüm
Treaty.(10) These requirements are satisfied by the Prüm Treaty of
27 May 2005 between the Kingdom of Belgium, the Federal
Republic of Germany, the Kingdom of Spain, the French Repub-
lic, the Grand Duchy of Luxembourg, the Kingdom of the Neth-erlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration. In order to fulfil the sub-
stantive requirements of the Hague Programme for all MemberStates, the Prüm Treaty need s to be made applicable to all Mem-
ber States. This Council Framework Decision therefore includes
some of the main provisions of the Prüm Treaty , namely those
related to police and judicial cooperation in the EuropeanUnion .
Amendment 6
Recital 11a (new)
(11a) These improvements in the exchange of data consti-
tute a step forward in making the information available
between law enforcement officers in the Member States. It isappropriate to ensure that there are reasons for automatedsearches in national DNA and fingerprint databases wheneverpersonal data are concerned.
Amendment 7
Recital 15
(15) Subject to certain conditions, Member States should be
able to supply personal and non-personal data in order toimprove the exchange of information in connection with majorevents with a cross-border dimension.(15) Subject to certain conditions, Member States should be
able to supply personal and non-personal data in order toimprove the exchange of information in connection with majorevents with a cross-border dimension and the purpose of which
is to prevent terrorist offences. The supplying of the datashould be necessary and proportionate and based on particular
circumstances that give reason to believe that criminal
offences will be committed.
Amendment 8
Recital 15a (new)
(15a) Within the framework of its mandate, Europol
should also be granted access to national databases.C 125 E/122 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 9
Recital 16
(16) As international cooperation, particularly in combating
cross-border crime, is to be further improved, this Decision, inaddition to improving the exchange of information, shouldallow, amongst other things, closer cooperation between policeauthorities, for example by means of joint security operations(e.g. joint patrols) and cross-border intervention in the event
of immediate danger to life or limb .(16) As international cooperation, particularly in combating
cross-border crime, is to be further improved, this Framework
Decision, in addition to improving the exchange of information,should allow, amongst other things, closer cooperation betweenpolice authorities, for example by means of joint security opera-tions (e.g. joint patrols).
Amendment 10
Recital 18
(18) Aware of the importance which this Decision has for
protecting the rights of individuals, and aware that the supply
of personal data to another Member State requires a sufficient
standard of data protection on the part of the receiving
Member State , Member States should provide for efficient
implementation of all data protection rules contained in the
Decision .(18) The hit/no hit system provides a structure for compar-
ing anonymous profiles, where additional personal data areexchanged only after a hit, and guarantees an adequate systemof data protection, it being understood that the supply of per-
sonal data to another Member State requires an adequate level
of data protection on the part of the receiving Member State.
Amendment 11
Recital 18a (new)
(18a) Special categories of data concerning racial or ethnic
origin, political opinions, religious or philosophical beliefs,party or trade union membership, sexual orientation or healthshould be processed only if absolutely necessary and propor-tionate for the purpose of a specific case and in compliance
with specific safeguards.
Amendment 12
Recital 18b (new)
(18b) These specific rules on data protection are created in
absence of an adequate third pillar legal instrument on dataprotection. When approved, that general legal instrumentshould be applied to the entire area of police and judicial coop-eration in criminal matters provided always that its level of
data protection is adequate and not lower than the protection
laid down in the Council of Europe Convention for the Protec-tion of Individuals with regard to automatic Processing of Per-sonal Data of 28 January 1981 and its additional Protocol of8 November 2001 and takes account of RecommendationNo R (87) 15 of 17 September 1987 of the Committee ofMinisters to Member States regulating the use of personaldata in the police sector, also where data are not processedautomatically.22.5.2008 EN C 125 E/123 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 13
Recital 18c (new)
(18c) The European Parliament should be consulted on any
measure implementing this Framework Decision.
Amendment 14
Recital 18d (new)
(18d) It is necessary for the Council to adopt the Frame-
work Decision on Procedural Rights as soon as possible inorder to lay down certain minimum rules on the availabilityof legal assistance to individuals in the Member States.
Amendment 15
Recital 18e (new)
(18e) With regard to the supply of information and assist-
ance in connection with major events and mass gatherings,the overall framework must be reconciled with Joint Action97/339/JHA of 26 May 1997 with regard to cooperation onlaw and order and security (
1) and the Council Resolution of
29 April 2004 on security at the European Council meetingsand other comparable events (
2) and the Initiative of the King-
dom of the Netherlands with a view to the adoption of a
Council Decision on strengthening cross-border police coopera-
tion with regard to meetings attended by large numbers ofpeople from more than one Member State, at which policingis primarily aimed at maintaining law and order and securityand preventing and combating criminal offences (
3).
(1) OJ L 147, 5.6.1997, p. 1.
(2) OJ C 116, 30.4.2004, p. 18.
(3) OJ C 101, 27.4.2005, p. 36.
Amendment 16
Recital 20
(20) This Decision respects the fundamental rights and
observes the principles set out in particular in the Charter of
Fundamental Rights of the European Union,(20) This Framework Decision respects the fundamental
rights and observes the principles recognised, in particular ,b y
theCharter of Fundamental Rights of the European Union .I n
particular, this Framework Decision seeks to ensure full com-pliance with citizens' fundamental rights to respect for theirprivate life and communications and to the protection of theirpersonal data as enshrined in Articles 7 and 8 of the Charter.C 125 E/124 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 17
Recital 20a (new)
(20a) The full review and evaluation of the functioning of
the Prüm Treaty to date and the establishment of a third pillardata protection framework decision are prerequisites for theeffectiveness and correct implementation of this FrameworkDecision.
Amendement 18
Article 1, paragraph 1, introductory part
By means of this Decision, the Member States intend to step up
cross border cooperation in matters covered by Title VI of theEU Treaty, particularly the exchange of information betweenagencies responsible for the prevention and investigation ofcriminal offences. To this end, this Decision contains rules inthe following areas:By means of this Framework Decision, the Member States
intend to step up cross border cooperation in matters coveredby Title VI of the EU Treaty, particularly the exchange of infor-mation between agencies responsible for the prevention andinvestigation of criminal offences as listed in Article 2 of
Council Framework Decision 2002/584/JHA of 13 June2002 on the European arrest warrant and the surrenderprocedures between Member States (
1) as well as in Arti-
cles 1 to 4 of Council Framework Decision 2002/475/JHA
of 13 June 2002 on combating terrorism (2) while ensuring
an adequate level of data protection. To this end, this Frame-
work Decision contains rules in the following areas:
(1) OJ L 190, 18.7.2002, p. 1.
(2) OJ L 164, 22.6.2002, p. 3.
Amendment 19
Article 1, point 4
(4) Provisions on the conditions and procedure for stepping up
border police cooperation through various measures(Chapter 5).(4) Provisions on the conditions and procedure for stepping up
border police cooperation through various defined mea-
sures (Chapter 5) ;
Amendment 20
Article 1, point 4a (new)
(4a) Provisions on data protection (Chapter 6, Article 14(2)
and Article 16(2) and (4)).
Amendment 21
Article 1a (new)
Article 1a
For the purposes of this Framework Decision:(1)‘criminal offences ’shall mean the offences listed in Arti-
cle 2 of Council Framework Decision 2002/584/JHA;22.5.2008 EN C 125 E/125 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
(2)‘terrorist offences ’shall mean the criminal offences listed
in Articles 1 to 4 of Council Framework Decision2002/475/JHA;
(3)‘personal data ’shall mean any information relating to an
identified or identifiable natural person ( ‘data subject ’);
an‘identifiable person ’means a person who can be iden-
tified, directly or indirectly, in particular by reference toan identification number or to one or more factors speci-fic to his physical or physiological identity;
(4)‘processing of personal data ’shall mean any operation or
set of operations which is performed upon personal data,whether or not by automated means, such as collection,recording, organisation, storage, adaptation or alteration,sorting, retrieval, consultation, use, disclosure by supply,
dissemination or otherwise making available, alignment,
combination, blocking, erasure or destruction of data; pro-cessing within the meaning of this Framework Decisionshall also include notification of whether or not a hitexists;
(5)‘automated search procedure ’shall mean direct access to
the automated files of another body where the response tothe search procedure does not require human intervention;
(6)‘referencing of data ’shall mean the marking of stored
personal data without the aim of limiting their processingin future;
(7)‘blocking of data ’shall mean the marking of stored per-
sonal data with the aim of limiting their processing infuture;
(8)‘non-coding part of DNA ’shall mean chromosome zones
containing no genetic expression, i.e. not known to pro-vide information about specific hereditary characteristics;notwithstanding any scientific progress, no more informa-tion shall be revealed from the non-coding part of DNAeither now nor in future.
Amendment 22
Article 1b (new)
Article 1bMember States shall provide for a clear distinction to be made
between the personal data of
—a person who is suspected of having committed or having
taken part in a criminal offence,C 125 E/126 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
—a person who has been convicted of a criminal offence,
—a person with regard to whom there are serious grounds
for believing that he or she will commit a criminaloffence,
—a person who might be called on to testify in investiga-
tions in connection with criminal offences or subsequentcriminal proceedings,
—a person who has been the victim of a criminal offence or
with regard to whom certain facts give reasons for believ-ing that he or she could be the victim of a criminal
offence,
—a person who can provide information about criminal
offences,
—a contact or associate of one of the persons listed above,
and
—a person who does not fall within any of the categories
referred to above.
Amendment 23
Article 2, paragraph 1
1. Member States shall open and keep national DNA analysis
files for the investigation of criminal offences. Processing of datakept in those files, under this Decision, shall be carried out in
accordance with this Decision , in compliance with the national
law applicable to the processing.1. Member States shall open and keep national DNA analysis
files for the investigation of criminal offences. Processing of per-
sonal data in those files, under this Framework Decision, shall
be carried out in accordance with the rules on data protection
laid down in Chapter 6, in compliance with the national law
applicable to the processing.
Amendment 24
Article 2, paragraph 2
2. For the purpose of implementing this Decision, the Mem-
ber States shall ensure the availability of reference data from
their national DNA analysis files as referred to in the first sen-
tence of paragraph 1. Reference data shall only include DNA
profiles established from the non-coding part of DNA and areference number. Reference data shall not contain any datafrom which the data subject can be directly identified. Referencedata which is not attributed to any individual ( ‘unidentified
DNA-profiles ’) shall be recognisable as such.2. For the purpose of implementing this Framework Deci-
sion, the Member States shall ensure access to reference data
from their national DNA analysis files opened for the investiga-
tion of criminal offences. Reference data shall only include
DNA profiles established from the non-coding part of DNAand a reference number. Reference data shall not contain anydata from which the data subject can be directly identified.Reference data which is not attributed to any individual(‘unidentified DNA-profiles ’) shall be recognisable as such.22.5.2008 EN C 125 E/127 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 25
Article 3, paragraph 1
1. For the investigation of criminal offences, Member States
shall allow other Member States' national contact points as ref-
erred to in Article 6 , access to the reference data in their DNA
analysis files, with the power to conduct automated searches bycomparing DNA profiles. Searches may be conducted only inindividual cases and in compliance with the requesting Member
State's national law.1. For the investigation of criminal offences, Member States
shall allow other Member States' national contact points, accessto the reference data in their DNA analysis files, with the powerto conduct automated searches by comparing DNA profiles.Searches may be conducted only in individual cases and incompliance with the rules on data protection laid down in
Chapter 6 and the requesting Member State's national law.
Amendment 26
Article 5
Should the procedures referred to in Articles 3 and 4 show a
match between DNA profiles, the supply of any available
further personal data and other information relating to the
reference data shall be governed by the national law, including
the legal assistance rules, of the requested Member State.Should the procedures referred to in Articles 3 and 4 show a
match between DNA profiles, the supply of further personaldata and other information relating to the reference data shall
be governed by the national law, including the legal assistance
rules, of the requested Member State and the rules on data
protection laid down in Chapter 6.
Amendment 27
Article 6
Article 6 deleted
National contact point and implementing measures1. For the purposes of the supply of data as referred to in
Articles 3 and 4, each Member State shall designate anational contact point. The powers of the national contactpoints shall be governed by the applicable national law.
2. Details of technical arrangements for the procedures set
out in Articles 3 and 4 shall be laid down in the implementingmeasures as referred to in Article 34.
Amendment 28
Article 7, paragraph 1, introductory wording
Where, in ongoing investigations or criminal proceedings, there
is no DNA profile available for a particular individual presentwithin a requested Member State's territory, the requested Mem-ber State shall provide legal assistance by collecting and examin-ing cellular material from that individual and by supplying theDNA profile obtained, if:1. Where, in ongoing investigations or criminal proceedings
relating to the commission of criminal offences, there is no
DNA profile available for a particular individual who is sus-
pected of having committed such a criminal offence and whoispresent within a requested Member State's territory, the
requested Member State shall provide legal assistance by collect-ing and examining cellular material from that individual and bysupplying the DNA profile obtained, if:C 125 E/128 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 29
Article 7, paragraph 1a (new)
1a. The collection of cellular material shall take place
only on the basis of national law and only for a specificpurpose and shall meet the requirements of necessity and pro-portionality.
Amendment 30
Article 8
For the purpose of implementing this Decision, Member States
shall ensure the availability of reference data from the file for
the national automated fingerprint identification systems estab-lished for the prevention and investigation of criminal offences.Reference data shall only include dactyloscopic data and a refer-ence number. Reference data shall not contain any data fromwhich the data subject can be directly identified. Reference datawhich is not attributed to any individual ( ‘unidentified dactylo-
scopic data ’) must be recognisable as such.For the purpose of implementing this Framework Decision,
Member States shall ensure access to reference data from the
file for the national automated fingerprint identification systemsestablished for the prevention and investigation of criminaloffences. Reference data shall only include dactyloscopic dataand a reference number. Reference data shall not contain anydata from which the data subject can be directly identified.Reference data which is not attributed to any individual(‘unidentified dactyloscopic data ’) must be recognisable as such.
Amendment 31
Article 9, paragraph 1
1. For the prevention and investigation of criminal offences,
Member States shall allow other Member States' national contactpoints, as referred to in Article 11, access to the reference datain the automated fingerprint identification systems which theyhave established for that purpose, with the power to conductautomated searches by comparing dactyloscopic data. Searchesmay be conducted only in individual cases and in compliancewith the requesting Member State's national law.1. For the prevention and investigation of criminal offences,
Member States shall allow other Member States' national contactpoints, as referred to in Article 11, access to the reference datain the automated fingerprint identification systems which theyhave established for that purpose, with the power to conductautomated searches by comparing dactyloscopic data. Searchesmay be conducted only in individual cases and in compliancewith the rules on data protection laid down in Chapter 6 and
the requesting Member State's national law.
Amendment 32
Article 10
Should the procedure referred to in Article 9 show a match
between dactyloscopic data, the supply of any available further
personal data and other information relating to the referencedata shall be governed by the national law, including the legalassistance rules, of the requested Member State.Should the procedure referred to in Article 9 show a match
between dactyloscopic data, the supply of further personal dataand other information relating to the reference data shall begoverned by the national law, including the legal assistancerules, of the requested Member State and the rules on data
protection laid down in Chapter 6 .22.5.2008 EN C 125 E/129 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 33
Article 11
Article 11 deletedNational contact point and implementing measures1. For the purposes of the supply of data as referred to in
Article 9, each Member State shall designate a national con-
tact point. The powers of the national contact points shall be
governed by the applicable national law.
2. Details of technical arrangements for the procedure set
out in Article 9 shall be laid down in the implementing mea-sures as referred to in Article 34.
Amendment 34
Article 12, paragraph 1
1. For the prevention and investigation of criminal offences
and in dealing with other offences coming within the jurisdic-tion of the courts or the public prosecution service in thesearching Member State, as well as in maintaining public
order and security, Member States shall allow other Member
States' national contact points, as referred to in paragraph 2,
access to the following national vehicle registration data, with
the power to conduct automated searches in individual cases:1. For the prevention and investigation of criminal offences
and in dealing with other offences coming within the jurisdic-tion of the courts or the public prosecution service in thesearching Member State, Member States shall allow other Mem-ber States' national contact points, as referred to in paragraph 2,access to the following national vehicle registration data, with
the power to conduct automated searches in individual cases:
(1) data relating to owners or operators, and (1) data relating to owners or operators, and
(2) data relating to vehicles. (2) data relating to vehicles.Searches may be conducted only with a full chassis number or a
full registration number. Searches may be conducted only incompliance with the searching Member State's national law.Searches may be conducted only with a full chassis number or a
full registration number. Searches may be conducted only incompliance with the rules on data protection laid down in
Chapter 6 and the searching Member State's national law.
Amendment 35
Article 12, paragraph 2
2. For the purposes of the supply of data as referred to in
paragraph 1, each Member State shall designate a nationalcontact point for incoming requests. The powers of thenational contact points shall be governed by the applicablenational law. Details of technical arrangements for the pro-cedure shall be laid down in the implementing measures asreferred to in Article 34.deletedC 125 E/130 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 36
Article 14, paragraph 1
1. For the prevention of criminal offences and in maintain-
ing public order and security for major events with a cross-bor-der dimension, in particular for sporting events or EuropeanCouncil meetings, Member States shall, both upon request andof their own accord, supply one another with personal data ifany final convictions or other circumstances give reason tobelieve that the data subjects will commit criminal offences atthe event or pose a threat to public order and security, in so faras the supply of such data is permitted under the supplying
Member State's national law.1. For the prevention of criminal offences and in maintain-
ing public order and security for major events with a cross-bor-der dimension, in particular for sporting events or EuropeanCouncil meetings, Member States shall, both upon request andof their own accord, supply one another with personal data ifany final convictions or other circumstances give reason tobelieve that the data subjects will commit criminal offences atthe event or pose a threat to public order and security, in so faras the supply of such data is permitted under the supplying
Member State's national law and when necessary and propor-
tionate in a democratic society, for a specific purpose and on acase-by-case basis.
Amendment 37
Article 15
Article 15 deletedNational contact pointFor the purposes of the supply of data as referred to in Arti-
cles 13 and 14, each Member State shall designate a national
contact point. The powers of the national contact points shallbe governed by the applicable national law.
Amendment 38
Article 16, paragraph 1
1. For the prevention of terrorist offences, Member States
may, in compliance with national law, in individual cases, evenwithout being requested to do so, supply other Member States'national contact points , as referred to in paragraph 3, with the
personal data and information specified in paragraph 2, in so faras is necessary because particular circumstances give reason tobelieve that the data subjects will commit criminal offences as
referred to in Articles 1 to 3 of EU Council Framework Deci-
sion 2002/475/JHA of 13 June 2002 on combating terrorism.1. For the prevention of terrorist offences, Member States
may, in compliance with national law, basic principles of law
and fundamental rights , in individual cases, even without being
requested to do so, supply other Member States' national con-tact points with the personal data and information specified inparagraph 2, in so far as is necessary because particular circum-stances give reason to believe that the data subjects will committerrorist offences.
Amendment 39
Article 16, paragraph 2
2. The data to be supplied shall comprise surname, first
names, date and place of birth and a description of the circum-
stances giving rise to the belief referred to in paragraph 1.2. The data to be supplied shall comprise only personal data
and a description of the circumstances giving rise to the belief
referred to in paragraph 1.22.5.2008 EN C 125 E/131 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 40
Article 16, paragraph 3
3. Each Member State shall designate a national contact
point for exchange of information with other Member States'national contact points. The powers of the national contactpoints shall be governed by the applicable national law.deleted
Amendment 41
Article 16, paragraph 4a (new)
4a. Regardless of those conditions, personal data may be
processed only for the purposes specified in paragraph 1. The
data supplied shall be deleted without delay once the purposesspecified in paragraph 1 have been achieved or can no longerbe achieved, and in any event after no more than two yearsfrom the date of supply.
Amendment 42
Article 17, paragraph 2
2. Each Member State may, as a host Member State, in com-
pliance with its own national law, and with the seconding Mem-ber State's consent, confer executive powers on the secondingMember States' officers involved in joint operations or, in so
far as the host Member State's law permits, allow the second-ing Member States' officers to exercise their executive powers
in accordance with the seconding Member State's law . Such
executive powers may be exercised only under the guidance
and, as a rule, in the presence of officers from the host MemberState. The seconding Member States' officers shall be subject
to the host Member State's national law. The host MemberState shall assume responsibility for their actions .2. The seconding Member States' officers shall be subject
to the host Member State's national law. Each Member State
may, as a host Member State, in compliance with its ownnational law, and with the seconding Member State's consent,confer executive powers on the seconding Member States' offi-cers involved in joint operations. Such executive powers may be
exercised only under instructions from and, as a general rule,
in the presence of officers from the host Member State.
Amendment 43
Article 17a (new)
Article 17a
Measures in the event of imminent danger1. In urgent situations, officers from one Member State
may, without the prior consent of another Member State(‘the host Member State ’, cross the border between the two
States so that, within an area of the host Member State'sterritory close to the border and in compliance with the hostMember State's national law, they may take any provisionalmeasures necessary to avert an imminent danger to the physi-cal integrity of individuals.C 125 E/132 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
2. An urgent situation as referred to in paragraph 1 shall
be deemed to arise if there is a risk that the danger will mate-rialise in the event of there being any delay before the hostMember State's officers take responsibility as stipulated inArticle 17(2).
3. The officers crossing the border shall immediately notify
the host Member State of their presence. The host Member
State shall confirm receipt of such notification and take thenecessary measures without delay to avert the danger and takecharge of the operations. The officers crossing the border mayoperate in the host Member State only until the host MemberState has taken the necessary protective measures. The officerscrossing the border shall be required to follow the host Mem-ber State's instructions.
4. The Member States shall specify in a separate agreement
the authorities to be notified without delay, as stipulated inparagraph 3. The officers crossing the border shall be requiredto comply with the provisions of this Article and with the law
of the host Member State.
5. The host Member State shall assume responsibility for
the measures taken by the officers crossing the border.
Amendment 44
Article 18a (new)
Article 18a
Cooperation upon request1. The competent authorities of the Member States shall
provide one another with assistance, upon request, within thescope of their powers and in compliance with their own
national law.
2. Those competent authorities shall provide one another
with assistance, in accordance with the first sentence of Arti-cle 39(1) of the Convention of 19 June 1990 implementingthe Schengen Agreement of 14 June 1985 on the gradual abo-lition of checks at common borders, in particular by:
(1) identifying owners and operators of vehicles and provid-
ing information on drivers, masters and captains of
vehicles, vessels and aircraft, in so far as not already
provided for in Article 12;
(2) supplying information on driving licences, navigation
licences and similar permits;22.5.2008 EN C 125 E/133 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
(3) ascertaining the whereabouts and place of residence of
individuals;
(4) checking residence permits;(5) ascertaining the identity of telephone subscribers and
subscribers to other telecommunications services, wherepublicly accessible;
(6) establishing the identity of individuals;(7) investigating the origin of items such as arms, motor
vehicles and vessels (enquiries via trade channels);
(8) supplying data from police databases and police records
and supplying information from official records accessi-ble to the public;
(9) issuing urgent alerts concerning arms and explosives
and alerts concerning currency counterfeiting and secu-rities fraud;
(10) supplying information on practical implementation of
cross-border surveillance, cross-border hot pursuit andcontrolled deliveries, and
(11) ascertaining an individual's willingness to make a
statement.
3. If the authority to which the request is made does not
have the power to deal with the request, it shall pass it on to
an authority with the power to do so. The requested authorityshall notify the requesting authority of the passing on of therequest and of the authority empowered to deal with it. Thelatter authority shall deal with the request and send therequesting authority the result.
Amendment 45
Article 19, paragraph 1
1. Officers from a seconding Member State who are involved
in a joint operation within another Member State's territorymay wear their own national uniforms there. They may carry
such arms , ammunition and equipment as they are allowed to
under the seconding Member State's national law. The hostMember State may prohibit the carrying of particular arms ,
ammunition or equipment by a seconding Member State'sofficers.1. Officers from a seconding Member State may carry such
service weapons , ammunition and equipment as they are
allowed to under the seconding Member State's national law.The host Member State may prohibit the carrying of certain
service weapons, ammunition or equipment by a seconding
Member State's officers provided its own legislation applies
the same prohibition to its own officers .C 125 E/134 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 46
Article 19, paragraph 2a (new)
2a. Officers from a seconding Member State who are
involved in a joint operation in another Member State's ter-ritory shall wear their own national uniforms. A common dis-tinctive sign must be carried by all members of the jointoperation. The host Member State must deliver an accredita-tion document to the seconding Member States' officers,including the name, rank and a digitised photograph of theofficer.
Amendment 47
Article 24, paragraph 1
1. For the purposes of this Chapter: deleted(1)‘processing of personal data ’shall mean any operation or
set of operations which is performed upon personal data,whether or not by automatic means, such as collection,recording, organisation, storage, adaptation or alteration,sorting, retrieval, consultation, use, disclosure by supply,dissemination or otherwise making available, alignment,combination, blocking, erasure or destruction of data. Pro-
cessing within the meaning of this Decision shall also
include notification of whether or not a hit exists;
(2)‘automated search procedure ’shall mean direct access to
the automated files of another body where the response tothe search procedure is fully automated;
(3)‘referencing ’shall mean the marking of stored personal
data without the aim of limiting their processing infuture;
(4)‘blocking ’shall mean the marking of stored personal data
with the aim of limiting their processing in future.
Amendment 48
Article 24, paragraph 2
2. The following provisions shall apply to data which are
or have been supplied pursuant to this Decision, save as other-wise provided in the preceding Chapters.2. The following provisions shall apply to the collection
and processing of DNA material and fingerprints in a Mem-ber State and to the supply of further personal data withinthe scope of this Framework Decision.
The following provisions shall also apply to data which are or
have been supplied pursuant to this Framework Decision.22.5.2008 EN C 125 E/135 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 49
Article 25, paragraph 1a (new)
1a. Member States shall take into account the various cate-
gories of personal data and the various purposes for which
they are collected with a view to laying down time limits for
their storage and appropriate conditions for their collection,further processing and transfer. Personal data relating to per-sons who are not suspected of having committed or taken partin a criminal offence may be processed only for the purposefor which they were collected and for a limited period. MemberStates shall lay down appropriate limitations on access to andtransmission of such data.
Amendment 50
Article 25, paragraph 3
3. Paragraph 2 shall not apply to those Member States
where the supply of personal data as provided for in this Deci-sion has already started pursuant to the Treaty of 27 May2005 between the Kingdom of Belgium, the Federal Republicof Germany, the Kingdom of Spain, the French Republic, theGrand Duchy of Luxembourg, the Kingdom of the Nether-lands and the Republic of Austria on the stepping up ofcross-border cooperation, in particular in combating terrorism,cross-border crime and illegal migration ( ‘Prüm Treaty ’).deleted
Amendment 51
Article 25, paragraph 3a (new)
3a. Data processed under this Framework Decision shall
not be transferred or made available to a third country or to
any international organisation.
Amendment 52
Article 26, paragraph 1
1. Processing of personal data by the receiving Member State
shall be permitted solely for the purposes for which the data
have been supplied in accordance with this Decision. Processingfor other purposes shall be permitted solely with the priorauthorisation of the Member State administering the file andsubject only to the national law of the receiving Member State.Such authorisation may be granted provided that processing forsuch other purposes is permitted under the national law of theMember State administering the file.1. Processing of personal data by the receiving Member State
shall be permitted solely for the purposes for which the data
have been supplied in accordance with this Framework Deci-
sion. Processing for other purposes shall be permitted solelywith the prior authorisation of the Member State administeringthe file and subject only to the national law of the receivingMember State. Such authorisation may be granted providedthat processing for such other purposes is permitted under thenational law of the Member State administering the file and on
a case-by-case basis.C 125 E/136 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 53
Article 27
Personal data supplied may be processed only by the authorities,
bodies and courts with responsibility for a task in furtherance of
the aims mentioned in Article 26. In particular, data may be
supplied to other entities only with the prior authorisation ofthe supplying Member State and in compliance with the law ofthe receiving Member State.Personal data supplied may be processed only by the authorities,
bodies and courts with responsibility for a task in furtherance of
the aims mentioned in Article 26. In particular, data may be
supplied to other entities only with the prior authorisation ofthe supplying Member State on a case-by-case basis and in
compliance with the law of the receiving Member State.
Amendment 54
Article 28, paragraph 2a (new)
2a. Special categories of data concerning racial or ethnic
origin, political opinions, religious or philosophical beliefs,party or trade union membership, sexual orientation or healthshall be processed only if absolutely necessary and proportion-ate for the purpose of a specific case and in compliance withspecific safeguards.
Amendment 55
Article 28, paragraph 3, point (2)
(2) following the expiry of the maximum period for keeping
data laid down in the national law of the supplying Mem-ber State where the supplying body informed the receivingbody of those maximum periods at the time of supplyingthe data.(2) following the expiry of the maximum period of two years,
except in the cases laid down in Articles 14 and 16 .
Amendment 56
Article 29, paragraph 2, point (1)
(1)state-of-the-art technical measures are taken to ensure data
protection and data security, in particular data confidential-ity and integrity;(1)the best available technical measures are taken to ensure
data protection and data security, in particular data confi-dentiality and integrity;
Amendment 57
Article 30, paragraph 2, introductory wording
2. The following shall apply to automated searches for data
based on Articles 3, 9,12 and automated comparison pursuantto Article 4:deleted22.5.2008 EN C 125 E/137 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 58
Article 30, paragraph 4
4. The recorded data shall be protected with suitable mea-
sures against inappropriate use and other forms of improperuse and shall be kept for two years. After the conservation
period the recorded data shall be deleted immediately.4. The recorded data shall be protected with suitable mea-
sures against inappropriate use and other forms of improperuse and shall be kept for three years. After the conservation
period the recorded data shall be deleted immediately.
Amendment 59
Article 31, paragraph 1
1. At the request of the data subject under national law,
information shall be supplied in compliance with national law
to the data subject upon production of proof of his identity,without unreasonable expense, in general comprehensible
terms and without unacceptable delays , on the data processed
in respect of his person, the origin of the data, the recipient orgroups of recipients, the intended purpose of the processingand the legal basis for the processing . Moreover, the data sub-
ject shall be entitled to have inaccurate data corrected andunlawfully processed data deleted. The Member States shall
also ensure that, in the event of violation of his rights in rela-tion to data protection, the data subject shall be able to lodgean effective complaint to an independent court or a tribunalwithin the meaning of Article 6(1) of the European Conventionon Human Rights or an independent supervisory authoritywithin the meaning of Article 28 of Directive 95/46/EC of theEuropean Parliament and of the Council of 24 October 1995on the protection of individuals with regard to the processingof personal data and on the free movement of such data andthat he is given the possibility to claim for damages or to seek
another form of legal compensation. The detailed rules for the
procedure to assert these rights and the reasons for limiting theright of access shall be governed by the relevant national legalprovisions of the Member State where the data subject assertshis rights.1. Information about data collected, data supplied to other
Member States and authorisations concerning those data shall
bedealt with in compliance with national law without unrea-
sonable expense, in general comprehensible terms and without
unacceptable delays. Moreover, the data subject shall be entitled
to have inaccurate data corrected and unlawfully processed datadeleted , of which the data subject shall also be informed .
Member States shall also ensure that, in the event of violationof his rights in relation to data protection, the data subject shallbe able to lodge an effective complaint to an independent courtor a tribunal within the meaning of Article 6(1) of the Euro-pean Convention on Human Rights or an independent supervi-sory authority within the meaning of Article 28 of Directive95/46/EC of the European Parliament and of the Council of24 October 1995 on the protection of individuals with regardto the processing of personal data and on the free movement ofsuch data and that he is given the possibility to claim fordamages or to seek another form of legal compensation. Thedetailed rules for the procedure to assert these rights and thereasons for limiting the right of access shall be governed by
the relevant national legal provisions of the Member State
where the data subject asserts his rights.
Amendment 60
Article 32a (new)
Article 32a
Member States shall adopt suitable measures to ensure the
full implementation of the provisions of this Chapter andshall lay down effective, proportionate and dissuasive sanc-tions to be imposed in the event of infringement thereof, nota-bly those provisions aimed at ensuring the confidentiality andsecurity of personal data processing.C 125 E/138 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 61
Article 32b (new)
Article 32b
1. For the purpose of the supply of data as referred to in
Articles 3, 4, 9, 12, 14 and 16, each Member State shall des-ignate one or several national contact points.
2. The powers of the national contact points shall be gov-
erned by the applicable national law. National contact pointsshall be available at all times.
3. The list of all national contact points shall be sent by
each Member State to the other Member States and shall bepublished in the Official Journal of the European Union.
Amendment 62
Article 33, paragraph 2
2. Declarations submitted in accordance with paragraph 1
may be amended at any time by means of a declaration sub-mitted to the General Secretariat of the Council. The GeneralSecretariat of the Council shall forward any declarationsreceived to the Member States and the Commission.2. Declarations submitted in accordance with paragraph 1
may be amended at any time by means of a declaration sub-mitted to the General Secretariat of the Council. The GeneralSecretariat of the Council shall forward any declarationsreceived to the Member States , the European Parliament and
the Commission.
Amendment 63
Article 33, paragraph 2a (new)
2a. Declarations, except for those referred to in
Article 19(4), shall be published in the Official Journal ofthe European Union.
Amendment 64
Article 34
The Council shall adopt measures necessary to implement this
Decision at the level of the Union in accordance with the pro-cedure laid down in the second sentence of Article 34(2)(c) ofthe EU Treaty.1. The Council shall adopt implementing measures only
after consulting the European Parliament.
2. The implementing measures shall also be communicated
to the European Data Protection Supervisor, who may give hisor her opinion thereon.22.5.2008 EN C 125 E/139 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
Amendment 65
Article 35
Each Member State shall bear the operational costs incurred by
its own authorities in connection with the implementation ofthis Decision. In special cases, the Member States concerned
may agree on different arrangements.Each Member State shall bear the operational costs incurred by
its own authorities in connection with the implementation ofthisFramework Decision. However, the general budget of the
European Union shall bear the costs relating to the function-ing of TESTA II (Trans European Services for Telematicsbetween Administrations) or any other network used toexchange the data referred to in Chapter 2 of this Framework
Decision.
Amendment 66
Article 36, paragraph 2
2. Member States may conclude or bring into force bilateral
or multilateral agreements or arrangements which concern thescope of this Decision after it has entered into force in so far assuch agreements or arrangements provide for the objectives ofthis Decision to be extended or enlarged.2. Member States may conclude or bring into force bilateral
or multilateral agreements or arrangements which concern thescope of this Framework Decision after it has entered into force
in so far as such agreements or arrangements provide for theobjectives of this Framework Decision to be extended or
enlarged , including the data protection objectives of this
Framework Decision.
Amendment 67
Article 36, paragraph 4
4. Member States shall inform the Council and the Commis-
sion within [ …years] of entry into force of this Decision of
existing agreements or arrangements within the meaning of thefirst paragraph which they wish to continue to apply.4. Member States shall inform the European Parliament, the
Council and the Commission within [ …years] of entry into
force of this Framework Decision of existing agreements or
arrangements within the meaning of the first paragraph whichthey wish to continue to apply.
Amendment 68
Article 36, paragraph 5
5. Member States shall also inform the Council and the
Commission of all new agreements or arrangements within themeaning of paragraph 2 within 3 months of their signing or, inthe case of instruments which were signed before adoption ofthis Decision, within three months of their entry into force.5. Member States shall also inform the European Parliament,
the Council and the Commission of all new agreements orarrangements within the meaning of paragraph 2 within 3months of their signing or, in the case of instruments whichwere signed before adoption of this Framework Decision,
within three months of their entry into force.
Amendment 69
Article 37, paragraph 2
2. Member States shall transmit to the General Secretariat of
the Council and the Commission the text of the provisions
transposing into their national law the obligations imposed on2. Member States shall transmit to the General Secretariat of
the Council the text of the provisions transposing into theirnational law the obligations imposed on them under thisC 125 E/140 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT
them under this Decision. When doing so, each Member State
may indicate that it will apply immediately this Decision in itsrelations with those Member States which have given the samenotification.Framework Decision. When doing so, each Member State may
indicate that it will apply immediately this Framework Decision
in its relations with those Member States which have given thesame notification. The General Secretariat of the Council shall
forward the notifications received to the Member States, theEuropean Parliament and the Commission.
Amendment 70
Article 37a (new)
Article 37a
1. The Council shall carry out an evaluation of the admin-
istrative, technical and financial application and implementa-tion of this Framework Decision every two years.
2. The modalities of the automated searching and compar-
ison of DNA and dactyloscopic data shall be evaluated six
months after the date on which this Framework Decision
takes effect. For vehicle registration data, this first evaluationshall take place three months after that date.
3. Evaluation reports shall be transmitted to the European
Parliament and the Commission.
P6_TA(2007)0229
Consultation of the Visa Information System (VIS) *
European Parliament legislative resolution of 7 June 2007 on the proposal for a Council decisionconcerning access for consultation of the Visa Information System (VIS) by the authorities of Mem-ber States responsible for internal security and by Europol for the purposes of the prevention,detection and investigation of terrorist offences and of other serious criminal offences
(COM(2005)0600 —C6-0053/2006 —2005/0232(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the Commission proposal (COM(2005)0600) (
1),
— having regard to Articles 30(1)(b) and 34(2)(c) of the EU Treaty,
— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament
(C6-0053/2006),
— having regard to the Protocol integrating the Schengen acquis into the framework of the European
Union, pursuant to which the Council consulted Parliament,
(1) Not yet published in OJ.22.5.2008 EN C 125 E/141 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDENAMENDMENTS
BY PARLIAMENT