A4-0355/97

Draft Joint Action establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime (10406/2/97 - C4-0479/97 - 97/0912(CNS))

The draft was approved with the following amendments:

(Amendment 1)

Citation 3a (new)

>Text following EP vote>

Having regard to the conclusions of the Justice and Home Affairs Council of 28 April 1997 on the report from the High-Level Group on Organized Crime,

(Amendment 2)

Recital 1

>Original text>

Whereas there is a need to improve the implementation at national level of the instruments adopted within the framework of the Union and elsewhere, particularly with a view to combating organized crime; whereas to that end a mechanism should be established for mutual evaluation of the implementation of undertakings entered into at international level;

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Whereas there is a need to improve the implementation at national level of the instruments adopted within the framework of the Union and elsewhere, particularly with a view to cooperating in the fight against all aspects of organized crime inside and outside the Community; whereas to that end a mechanism should be established for mutual evaluation of the implementation of undertakings entered into at international level;

(Amendment 6)

Article 2(a)

>Original text>

(a) Each year, the specific subject of the evaluation as well as the order in which Member States are to be evaluated, at a rate of at least five per year, shall be defined, on a proposal from the Presidency, by the members of the Multidisciplinary Working Party on Organized Crime (hereinafter 'MDW').

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(a) The specific objective of the evaluation as well as the order in which Member States are to be evaluated, at a rate of at least five per year, shall be defined, on a proposal from the Commission, by the members of the Multidisciplinary Working Party on Organized Crime (hereinafter 'MDW').

(Amendment 5)

Article 2(b)

>Original text>

(b) The evaluation shall be prepared by the Presidency of the Council, assisted by the General Secretariat of the Council. The Commission shall be fully involved in the preparatory work.

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(b) The evaluation shall be prepared by the Commission in agreement with the Council.

(Amendment 7)

Article 3(a)

>Original text>

(a) Each Member State shall send the General Secretariat of the Council, at the Presidency's initiative, the names of one to three experts having substantial experience of the subject to which the evaluation relates in the field of combating organized crime in particular in a law- enforcement service such as the police, customs, a judicial or other authority who are prepared to participate in at least one evaluation exercise.

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(a) The evaluation shall be carried out by experts designated by the Commission and the Member States. The experts, who must have substantial experience of a police, customs or judicial nature in the field of combating organized crime, shall put forward the conclusions of the evaluation which shall be adopted in accordance with Article 8. Each Member State shall send the Commission the names of one to three experts who are prepared to participate in at least one evaluation exercise. The Commission itself shall appoint at least five, and no more than ten, experts.

(Amendment 8)

Article 3(b)

>Original text>

(b) The Presidency shall draw up a list of the experts designated by the Member States and shall forward it to the members of the MDW.

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(b) The Commission shall draw up a list of the experts designated by it and the Member States and shall forward it to the members of the MDW.

(Amendment 9)

Article 4

>Original text>

On the basis of the list referred to in Article 3, the Presidency shall choose a team of three experts for each Member State to be evaluated, ensuring that they are not nationals of the Member State in question. The names of the experts chosen shall be notified to the MDW. These experts shall constitute the evaluation team. Depending on the subjects to be evaluated, the Commission may take part in the proceedings of the teams of experts. The evaluation team shall be assisted in all its tasks by the General Secretariat of the Council. The costs in relation to the team of experts shall be covered under a specific financing programme adopted by the Council no later than three months after entry into force of this Joint Action.

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The evaluation shall be carried out by an evaluation team. The team shall consist of three experts, one appointed by the Commission and two by the Member States. The experts shall be chosen separately and at random from a list of experts; they may not be nationals of the Member State in question. The costs in relation to the experts appointed by the Member States shall be covered under a specific financing programme adopted by the Council no later than three months after entry into force of this Joint Action.

(Amendment 10)

Article 5

>Original text>

The Presidency shall, with the assistance of the General Secretariat of the Council, draw up a questionnaire for the purposes of evaluating all Member States in the framework of the objective defined in Article 2(c) and shall submit it to the MDW for approval. The questionnaire shall be designed to establish all information useful for the conduct of the evaluation. The Member State being evaluated shall ensure that it replies to the questionnaire in the time allowed and as fully as possible and attaches where necessary all legal provisions and technical and practical data required.

>Text following EP vote>

The Commission shall, with the assistance of the General Secretariat of the Council, draw up a questionnaire for the purposes of evaluating all Member States in the framework of the objective defined in Article 2(a) and shall submit it to the MDW for approval. The questionnaire shall be designed to establish all information useful for the conduct of the evaluation. The Member State being evaluated shall ensure that it replies to the questionnaire in the time allowed and as fully as possible and attaches where necessary all legal provisions and technical and practical data required.

(Amendment 11)

Article 6

>Original text>

Once it has received the reply to the questionnaire, the evaluation team shall visit the Member State being evaluated to meet the political, administrative, police, customs and judicial authorities or any other relevant body in accordance with a programme of visits arranged by the Member State which takes account of the wishes expressed by the evaluation team.

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Once it has received the reply to the questionnaire, the evaluation team shall visit the Member State being evaluated to meet the political authorities, including the Members of the European Parliament, administrative, police, customs and judicial authorities or any other relevant body in accordance with a programme of visits arranged by the Member State which takes account of the wishes expressed by the evaluation team.

(Amendment 13)

Article 8(a)

>Original text>

(a) The Presidency shall forward the draft report, which shall be confidential, to the members of the MDW, together with any of the comments of the Member State that was the subject of the evaluation which were not accepted by the evaluation team.

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(a) The Commission shall forward the draft report, which shall be confidential, to the members of the MDW, together with any of the comments of the Member State that was the subject of the evaluation which were not accepted by the evaluation team.

(Amendment 15)

Article 8(d)

>Original text>

(d) A summary of the conclusions shall be sent to the European Parliament each year by the Presidency.

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(d) The Council Presidency shall inform the European Parliament every year of the conclusions of the MDW and any recommendations made by the Council, respecting the confidentiality of any information, pursuant to Article 9(a) and (b).

(Amendment 16)

Article 10

>Original text>

No later than the end of the first evaluation of all the Member States, the Council shall examine the detailed rules and scope of the mechanism and will, if appropriate, make adjustments to this Joint Action.

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Once all the Member States have been evaluated for the first time, the Commission shall examine the detailed rules and scope of the mechanism and will, if appropriate, submit a proposal for adjusting this Joint Action. The Council shall take a decision on this proposal after consulting the European Parliament.

Legislative resolution embodying Parliament's opinion on the draft Joint Action on establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime (10406/2/97 - C4-0479/97 - 97/0912(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Council draft (10406/2/97 - 97/0912(CNS)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the EU Treaty (C4-0479/97),

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

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0355/97),

1. Approves the Council draft, subject to Parliament's amendments;

2. Calls on the Council to notify 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.