67. Has increased the appropriations made available by the Council in the draft budget by EUR 83 058
to maintain its level of development, which represents an increase of 7,10 % over the 2007 budget;
*
**
68. Instructs its President to forward this resolution together with the amendments to Sections I, II, IV, V,
VI, VII, VIII and IX of the draft general budget to the Council, the Commission and the other institutions
and bodies concerned.
P6_TA(2007)0475
Recognition and supervision of suspended sentences, alternative sanctions and
conditional sentences *
European Parliament legislative resolution of 25 October 2007 on the initiative of the Federal
Republic of Germany and of the French Republic with a view to adopting a Council FrameworkDecision on the recognition and supervision of suspended sentences, alternative sanctions and
conditional sentences (6480/2007 —C6-0129/2007 —2007/0807(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the initiative of the Federal Republic of Germany and of the French Republic
(6480/2007) (
1),
— having regard to Article 31(1)(a) and (c) and Article 34(2)(b) of the EU Treaty,
— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament
(C6-0129/2007),
— having regard to Rules 93 and 51 of its Rules of Procedure,
— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs
(A6-0356/2007),
1. Approves the initiative of the Federal Republic of Germany and by the French Republic 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 again if it intends to amend the initiative by the Federal
Republic of Germany and by the French Republic substantially;
5. Instructs its President to forward its position to the Council and the Commission, and to the govern-
ments of the Federal Republic of Germany and of the French Republic.
(1) OJ C 147, 30.6.2007, p. 1.16.10.2008 EN C 263 E/601 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 1
Title
Initiative of the Federal Republic of Germany and of the French
Republic with a view to adopting a Council Framework Deci-sion on the recognition and supervision of suspended sentences,
alternative sanctions and conditional sentencesInitiative of the Federal Republic of Germany and of the French
Republic with a view to adopting a Council Framework Deci-sion on the recognition ,supervision and execution of
suspended sentences, alternative sanctions and conditionalsentences
Amendment 2
Recital 5
(5) This Framework Decision respects fundamental rights and
adheres to the principles recognised in Article 6 of the Treaty onEuropean Union, which are also expressed in the Charter ofFundamental Rights of the European Union, especially in Chap-ter VI thereof. No provision of this Framework Decision shouldbe interpreted as prohibiting refusal to recognise a judgmentand/or supervise a suspensory measure or alternative sanctionif there are objective indications that the suspensory measure
or alternative sanction was imposed to punish a person because
of his or her sex, race, religion, ethnic origin, nationality, lan-guage, political convictions or sexual orientation or that thisperson might be disadvantaged for one of these reasons.(5) This Framework Decision respects fundamental rights and
adheres to the principles recognised in Article 6 of the Treaty onEuropean Union, which are also expressed in the Charter ofFundamental Rights of the European Union, especially in Chap-ter VI thereof. No provision of this Framework Decision shouldbe interpreted as prohibiting refusal to recognise a judgmentand/or supervise a suspensory measure or alternative sanctionif there are objective indications that the suspensory measure
or alternative sanction was imposed in clear infringement
of the fundamental rights laid down in the European Uniontreaties .
Amendment 3
Recital 6
(6) This Framework Decision should not prevent any Mem-
ber State from applying its constitutional rules relating to enti-
tlement to due process, freedom of association, freedom of thepress and freedom of expression in other media.(6) This Framework Decision should not prevent any Mem-
ber State from applying its constitutional rules relating to enti-
tlement to due process, freedom of association, freedom of thepress and freedom of expression in other media and, in general,
any constitutional rules relating to fundamental rights whosescope is not incompatible with the way in which measures areimplemented .
Amendment 4
Recital 8
(8) The aim of mutual recognition and supervision of sus-
pended sentences, alternative sanctions and conditional sen-tences in the executing State is to enhance the prospects of thesentenced person's being re-integrated into society, by enablinghim to preserve family, linguistic, cultural and other ties, butalso to improve monitoring of compliance with suspensorymeasures and alternative sanctions, with a view to preventingrecidivism, thus paying due regard to the protection of victims.(8) The aim of mutual recognition and supervision of sus-
pended sentences, alternative sanctions and conditional sen-tences in the executing State is to enhance the prospects of thesentenced person's being re-integrated into society, by enablinghim to preserve family, linguistic, cultural and other ties, butalso to improve monitoring of compliance with suspensorymeasures and alternative sanctions, with a view to preventingrecidivism, thus paying due regard to the protection of victimsand the defence of society in general .C 263 E/602 EN 16.10.2008 Official Journal of the European Union
Thursday 25 October 2007
Amendment 5
Recital 9
(9) To ensure the effective exchange of information concern-
ing all circumstances relevant to the suspension of sentences,Member States are encouraged to include provisions in theirnational legislation enabling them to assume the responsibilityfor the supervision of suspensory measures and alternative
sanctions to be documented in their national registers.(9) To ensure the effective exchange of information concern-
ing all circumstances relevant to the suspension of sentences,Member States are encouraged to include provisions in theirnational legislation enabling them to assume the responsibilityfor the supervision of suspensory measures ,alternative sanc-
tions and conditional sentences to be documented in their
national registers.
Amendment 6
Article 1, paragraph 1
1. The objective of this Framework Decision is, with a view
tofacilitating the social re-integration of sentenced persons and
improving the protection of victims , to lay down the rules
according to which one Member State supervises suspensorymeasures imposed on the basis of a judgment which wasissued in another Member State, or alternative sanctions con-
tained in such a judgment and takes all other decisions relat-
ing to the execution of that judgment, insofar as this fallswithin its competence.1. This Framework Decision seeks tofacilitate the social re-
integration of sentenced persons , to improve the protection of
victims and society and to facilitate the application of appro-
priate suspended sentences, alternative sanctions and condi-tional sentences in the case of offenders who are not residentin the sentencing State. With a view to achieving these objec-
tives, this Framework Decision lays down rules pursuant to
which the Member State in which the sentenced person hashis lawful and ordinary residence must recognise the judg-ments passed in another Member State and supervise and exe-cute suspended sentences, alternative sanctions and condi-tional sentences .
Amendment 7
Article 1, paragraph 2
2. This Framework Decision shall apply only to the recogni-
tion of judgments and the transfer of responsibility for thesupervision of suspensory measures and alternative sanctions
and all other judicial decisions provided for in this Framework
Decision. This Framework Decision shall not apply to the execu-tion of judgments in criminal cases imposing custodial sen-tences or measures involving deprivation of liberty which fallwithin the scope of Council Framework Decision 2007/ …/JHA.
Recognition and execution of financial penalties and confisca-tion orders are governed by the legal instruments applicablebetween Member States, in particular Council Framework Deci-sion 2005/214/JHA of 24 February 2005 on the application ofthe principle of mutual recognition to financial penalties andCouncil Framework Decision 2006/783/JHA of 6 October2006 on the application of the principle of mutual recognitionto confiscation orders.2. This Framework Decision shall apply only to the recogni-
tion of judgments and the transfer of responsibility for thesupervision and execution ofsuspended sentences, alternative
sanctions and conditional sentences, and all other subsequent
decisions provided for in this Framework Decision. This Frame-work Decision shall not apply to the execution of judgments incriminal cases imposing custodial sentences or measures invol-ving deprivation of liberty which fall within the scope of Coun-cil Framework Decision 2007/ …/JHA. Recognition and execu-
tion of financial penalties and confiscation orders are governedby the legal instruments applicable between Member States, inparticular Council Framework Decision 2005/214/JHA of24 February 2005 on the application of the principle of mutualrecognition to financial penalties and Council Framework Deci-sion 2006/783/JHA of 6 October 2006 on the application ofthe principle of mutual recognition to confiscation orders.
Amendment 8
Article 2, point (b) (ii)
(ii) after part of the custodial sentence or measure involving
deprivation of liberty has been served (conditional release/parole);(ii) after part of the custodial sentence or measure involving
deprivation of liberty has been served (conditional release/parole decision ),with the imposition of one or more sus-
pensory measures;16.10.2008 EN C 263 E/603 Official Journal of the European Union
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TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 9
Article 2, point (c)
(c)‘alternative sanction ’shall mean an obligation or instruc-
tion, imposed as an independent sanction, which is not a
custodial sentence, a measure involving deprivation of lib-erty or a financial penalty;(c)‘alternative sanction ’shall mean an obligation or instruc-
tion, imposed as an autonomous sanction, which does not
constitute a deprivation of liberty or involve the paymentof a sum of money;
Amendment 10
Article 2, point (d)
(d)‘conditional sentence ’shall mean a decision by a court in
which the imposition of a sentence has been conditionallysuspended by imposing one or more suspensory measures;(d)‘conditional sentence ’shall mean a decision by a court in
which the imposition of a sentence has been conditionallysuspended , with the imposition of one or more suspensory
measures;
Amendment 11
Article 2, point (g)
(g)‘executing State ’shall mean the Member State in which the
suspensory measures and alternative sanctions are super-vised and in which all other decisions relating to the execu-tion of the judgment are taken, insofar as it has assumed
competence to do so.(g)‘executing State ’shall mean the Member State in which the
suspensory measures and alternative sanctions are super-vised and in which all other decisions relating to the execu-tion of suspended sentences, alternative sanctions and
conditional sentences are taken, following a decision pur-
suant to Article 7.
Amendment 12
Article 2, point (ga) (new)
(ga) ‘lawful and ordinary residence ’shall mean the place in
which the individual concerned has established the per-manent centre of his interests, which must be determined
on the basis of all the relevant facts.
Amendment 13
Article 3
This Framework Decision shall not have the effect of modifying
theobligation to respect fundamental rights and fundamental
legal principles as enshrined in Article 6 of the Treaty on Euro-pean Union.This Framework Decision shall not have the effect of modifying
theduty to respect fundamental rights and fundamental legal
principles as enshrined in Article 6 of the Treaty on EuropeanUnion and in the Member States' constitutions .C 263 E/604 EN 16.10.2008 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 14
Article 4, paragraph 1
1. Each Member State shall inform the General Secretariat of
the Council which judicial authority or authorities, under its
national legislation, are competent to act according to thisFramework Decision in the situation where that Member Stateis the issuing State or the executing State.1. Each Member State shall inform the General Secretariat of
the Council which authority or authorities, under its nationallegislation, are competent to act according to this FrameworkDecision in the situation where that Member State is the issuingState or the executing State. The list of competent authorities
shall be published in the Official Journal of the EuropeanUnion.
Amendment 15
Article 5, paragraph 1, introductory part
1. A judgment that contains one or more of the following
suspensory measures or alternative sanctions may be trans-
ferred to another Member State, in which the sentenced personis lawfully and ordinarily resident, for the purpose of recogni-tion and supervision of those measures and sanctions :1. A judgment or decision granting conditional release that
contains one or more of the following suspensory measures ,
obligations or instructions may be transferred to another Mem-
ber State, in which the sentenced person is lawfully and ordina-rily resident, for the purpose of recognition and supervision ofthose measures or obligations or instructions. The certificate
referred to in Article 6 may, for supervision purposes,include one or more of the suspensory measures, obligationsor instructions contained in a judgment :
Amendment 16
Article 5, paragraph 1, point (a)
(a) an obligation for the sentenced person to inform the com-
petent authority in the executing State of any change ofresidence;(a) an obligation for the sentenced person to inform the com-
petent authority in the executing State of any change ofresidence or place of work or study ;
Amendment 17
Article 5, paragraph 1, point (b)
(b) an obligation not to leave or enter certain localities in the
issuing or executing State without permission, and otherorders relating to life-style, residence, education and train-ing, professional activity or leisure activities;(b) an obligation not to enter certain localities in the issuing or
executing State without permission, and other orders relat-ing to life-style, residence, education and training, profes-sional activity or leisure activities;
Amendment 18
Article 5, paragraph 1, point (e)
(e) an obligation to compensate for the prejudice caused by the
offence;(e) an obligation to compensate for the prejudice caused by the
offence and to notify the executing State's competent
authority that this obligation has been fulfilled ;16.10.2008 EN C 263 E/605 Official Journal of the European Union
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BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 19
Article 5, paragraph 1a (new)
1a. For the purposes of this Framework Decision, the per-
son standing trial must be heard before the judgment or thedecision granting conditional release is transmitted.
Amendment 20
Article 5, paragraph 3
3. Apart from the measures and sanctions referred to in
paragraph 1, the certificate referred to in Article 6 shallinclude only such measures or sanctions as notified by the
executing State concerned in accordance with paragraph 2.3. Apart from the measures and sanctions referred to in
paragraph 1, the certificate referred to in Article 6 shallinclude only such suspensory measures or obligations or
instructions as notified by the executing State concerned in
accordance with paragraph 2.
Amendment 21
Article 6, paragraph 1
1. The judgment or a certified copy of it, together with a
certificate, the standard form for which is set out in Annex I,shall be forwarded by the competent judicial authority in theissuing State directly to the competent judicial authority in theexecuting State by any means which leaves a written recordunder conditions allowing the executing State to establish theirauthenticity. The original of the judgment, or a certified copy of
it, and the original of the certificate, shall be sent to the execut-
ing State if it so requires. All official communications shall alsobe made directly between the said competent judicial authori-ties.1. The certificate, the standard form for which is set out in
Annex I, together with the judgment (or a certified copy
thereof) and, where relevant, the decision granting conditionalrelease, shall be forwarded by the competent judicial authority
in the issuing State directly to the competent judicial authorityin the executing State by any means which leaves a writtenrecord under conditions allowing the executing State to estab-
lish their authenticity. The original of the judgment, or a certi-
fied copy of it, and the original of the certificate, shall be sent tothe executing State if it so requires. All official communicationsshall also be made directly between the said competent judicialauthorities.
Amendment 22
Article 6, paragraph 3
3. The competent judicial authority in the issuing State shall
forward the judgment together with the certificate only to oneexecuting State at any one time.3. The competent judicial authority in the issuing State shall
forward the judgment together with the certificate (and any
decision granting conditional release) only to one executing
State at any one time.
Amendment 23
Article 6, paragraph 5
5. When a judicial authority in the executing State which
receives a judgment together with a certificate has no compe-tence to recognise it, it shall, ex officio, forward the judgmenttogether with the certificate to the competent judicial authority.That competent judicial authority in the executing State shallimmediately inform the competent judicial authority in the issu-ing State, by any means which leaves a written record, that thejudgment and the certificate have been forwarded to it.5. When a judicial authority in the executing State which
receives a judgment together with a certificate (and any deci-
sion granting conditional release) has no competence to recog-
nise it, it shall, ex officio, forward the judgment together withthe certificate to the competent judicial authority. That compe-tent judicial authority in the executing State shall immediatelyinform the competent judicial authority in the issuing State, byany means which leaves a written record, that the judgment andthe certificate have been forwarded to it.C 263 E/606 EN 16.10.2008 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 24
Article 7, paragraph 1
1. The competent judicial authority in the executing State
shall recognise the judgment forwarded in accordance with theprocedure laid down in Article 6 and immediately take allnecessary measures for the supervision of the suspensory mea-sures and alternative sanctions , unless it decides to invoke one
of the grounds for refusing to recognise and take over super-
vision of the judgment referred to in Article 9.1. The competent judicial authority in the executing State
shall recognise the judgment forwarded in accordance with theprocedure laid down in Article 6 and immediately take allnecessary measures for the supervision of the suspensory mea-sures and the obligations and instructions which constitute the
alternative sanction , unless it decides to invoke one of the
grounds for refusing to recognise and supervise the judgment
referred to in Article 9.
Amendment 25
Article 7, paragraph 2
2. If the nature or duration of the suspensory measures or
alternative sanctions areincompatible with the statutory provi-
sions of the executing State, the competent judicial authority inthat State may adapt them in line with the suspensory measures
and alternative sanctions which are provided for, under the lawof the executing State, for offences of the same kind . The
adapted suspensory measure or alternative sanction shall corre-spond as far as possible to that imposed in the issuing State.2. If the duration of the suspensory measures or alternative
sanctions isincompatible with the statutory provisions of the
executing State, the competent judicial authority in that Statemay adapt itin line with the suspensory measures and the obli-
gations and instructions that constitute the existing alternative
sanctions which are provided for, under the law of the executingState, for similar offences. The adapted suspensory measure or
alternative sanction shall correspond as far as possible to thatimposed in the issuing State.
Amendment 26
Article 7, paragraph 3a (new)
3a. Should suspensory measures or alternative sanctions be
adapted pursuant to paragraph 2, the competent judicial auth-ority in the executing State shall notify the competent judicialauthority in the issuing State of that decision without delay.Following receipt of such a notification the competent judicialauthority in the issuing State may decide to withdraw the cer-tificate and the judgment (and also, if appropriate, the deci-sion granting conditional release). In such cases, the personsentenced shall be guaranteed the right to a hearing.
Amendment 27
Article 9, paragraph 1, introductory part
1. The competent judicial authority in the executing State
may refuse to recognise the judgment and to assume responsi-bility for supervising suspensory measures and alternative sanc-tions if:1. The competent judicial authority in the executing State
may refuse to recognise the judgment (or, if appropriate, the
decision granting conditional release) and to assume responsi-
bility for supervising suspensory measures and alternativesanctions if:16.10.2008 EN C 263 E/607 Official Journal of the European Union
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TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 28
Article 9, paragraph 1, point (a)
(a) the certificate referred to in Article 6 is incomplete or
obviously does not correspond to the judgment and is notcompleted or corrected within a reasonable period set bythe competent judicial authority in the executing State;(a) the certificate referred to in Article 6 is incomplete or
obviously does not correspond to the judgment or the
decision granting conditional release and is not completed
or corrected within a reasonable period set by the compe-tent judicial authority in the executing State;
Amendment 29
Article 9, paragraph 1, point (b)
(b) the criteria laid down in Article 5 are not met; (b) the criteria laid down in Article 5 are not met (including
—but not limited to —the requirement of lawful and
ordinary residence in the executing State) ;
Amendment 30
Article 9, paragraph 1, point (e)
(e)prosecution, or the execution of a sentence , is already sta-
tute-barred under the law of the executing State and relates
to an act which falls within the competence of the execut-ing State under its national law ;(e)the sentence is already statute-barred under the law of the
executing State;
Amendment 31
Article 9, paragraph 1, point (i)
(i) the judgment provides for medical/therapeutic treatment
which, notwithstanding the provisions of Article 7(2), the
executing State is unable to supervise in view of its legal
orhealthcare system; or(i) the judgment or possibly the decision granting conditional
release provides for medical/therapeutic treatment which,
notwithstanding the provisions of Article 7(2), the execut-ing State is unable to supervise in view of its healthcaresystem; or
Amendment 32
Article 9, paragraph 1, point (j)
(j) in the case referred to in Article 13(1), no agreement can
be reached on adaptation of suspensory measures or alter-native sanctions.deleted
Amendment 33
Article 9, paragraph 1, point (ja) (new)
(ja) the certificate or judgment includes measures which are
not listed or accepted under Article 5(1) and (2) of thisFramework Decision.C 263 E/608 EN 16.10.2008 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 34
Article 9, paragraph 2
2. Before the competent judicial authority in the executing
State decides, in the cases referred to in paragraph 1, to refuse
to recognise the judgment and to assume responsibility forsupervising suspensory measures and alternative sanctions, itshall communicate, by appropriate means, with the competentjudicial authority in the issuing State and, as necessary, requestthe latter immediately to supply all additional informationrequired.2. Before the competent judicial authority in the executing
State decides, in the cases referred to in paragraph 1 (a), (b),
(c), (h) and (i) ,notto recognise the judgment ( or if appropriate
the decision granting conditional release) and to assume
responsibility for supervising suspensory measures and alterna-tive sanctions, it shall communicate, by appropriate means, withthe competent judicial authority in the issuing State and, asnecessary, request the latter immediately to supply all additional
information required.
Amendment 35
Article 10, paragraph 1
1. The competent judicial authority in the executing State
shall decide, within 10 days after receipt of the judgment and
the certificate, whether to recognise the judgment and assumeresponsibility for supervising the suspensory measures and alter-native sanctions. It shall immediately inform the competentjudicial authority in the issuing State, by any means whichleaves a written record, of its decision. Reasons must be givenfor refusing to recognise the judgment and for refusing toassume responsibility for supervision.1. The competent judicial authority in the executing State
shall decide, within 30 days after receipt of the judgment and
the certificate, whether to recognise the judgment and assumeresponsibility for supervising the suspensory measures and alter-native sanctions. It shall immediately inform the competentjudicial authority in the issuing State, by any means whichleaves a written record, of its decision. Reasons must be givenfor refusing to recognise the judgment and for refusing toassume responsibility for supervision.
Amendment 36
Article 10, paragraph 2
2. If it is not possible, in a specific case, for the competent
judicial authority in the executing State to comply with thetime-limit laid down in paragraph 1, it shall immediately informthe competent judicial authority in the issuing State, by any
means of its choosing, giving reasons for the delay and indicat-
ing how long it expects to take to issue a final decision.2. If it is not possible, in an exceptional case, for the compe-
tent judicial authority in the executing State to comply with thetime-limit laid down in paragraph 1, it shall immediately informthe competent judicial authority in the issuing State, by any
means of its choosing, giving reasons for the delay and indicat-
ing how long it expects to take to issue a final decision.
Amendment 37
Article 11
The supervision of suspensory measures and alternative sanc-
tions shall be governed by the law of the executing State.The supervision of suspensory measures and of the obligations
and instructions which constitute alternative sanctions shall be
governed by the law of the executing State.
Amendment 38
Article 12, paragraph 1
1. The competent judicial authority in the executing State
shall have jurisdiction to take all subsequent decisions relatingto the suspended sentence, alternative sanction orconditional
sentence, such as the modification of suspensory measures, the1. The competent authority in the executing State shall have
jurisdiction to take all subsequent decisions relating to the sus-pended sentence, alternative sanction ,conditional sentence or
conditional release , such as the modification of suspensory16.10.2008 EN C 263 E/609 Official Journal of the European Union
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BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
revocation of suspension, sentencing in the case of a conditional
sentence, or remission . The law of the executing State shall
apply to the aforementioned decisions and to all subsequent
consequences of the judgment.measures, the revocation of suspension, sentencing in the case
of a conditional sentence or the revocation thereof ,o r lapse .
The law of the executing State shall apply to the aforementioned
decisions and to all subsequent consequences of the judgment.
Amendment 39
Article 12, paragraph 2
2. The competent judicial authority in the issuing State may
reserve competence to take all subsequent decisions relating toconditional sentences. In this case the law of the issuing Stateshall apply to all subsequent consequences of the judgment.2. The competent authority in the issuing State may reserve
competence to take all subsequent decisions relating to condi-tional sentences. In this case the law of the issuing State shallapply to all the decisions referred to in paragraph 1 and to all
subsequent consequences of the judgment.
Amendment 40
Article 12, paragraph 3
3. When transposing this Framework Decision , any Member
State may indicate that as executing State it may, in individ-ual cases, refuse to assume responsibility provided for in para-
graph 1. In these cases, the decision shall be taken and notifica-tion effected in accordance with the procedure laid down inArticle 10. This shall not affect the obligation laid down in Arti-cle 7(1).3. When adopting this Framework Decision or subsequently
at the time of transposition and by means of a statementlodged with the General Secretariat of the Council, each Mem-ber State may indicate that, as executing State and in thecategories of cases to be specified by that Member State, itrefuses to assume responsibility provided for in paragraph 1. In
these cases, the decision shall be taken (and reasons given) and
notification effected in accordance with the procedure laid downin Article 10. This shall not affect the obligation laid down in
Article 7(1). That statement by a Member State may be with-
drawn at any time. The statements or the withdrawal thereofshall be published in the Official Journal of the EuropeanUnion.
Amendment 41
Article 13
Article 13 deleted
Consultations between the competent judicial authorities
1. If the competent judicial authority in the executing State
intends to make adaptations as provided for in Article 7(2)and (3), it shall first consult the competent judicial authorityin the issuing State on the adapted suspensory measures oralternative sanction.
2. When forwarding the judgment and the certificate as
provided for in Article 6, the competent judicial authority inthe issuing State may waive the consultations referred to inparagraph 1. In that case, any adaptations made by the com-petent judicial authority in the executing State in accordancewith Article 7(2) and (3) shall subsequently be notified to thecompetent judicial authority of the issuing State.C 263 E/610 EN 16.10.2008 Official Journal of the European Union
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BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 42
Article 14, title
Obligations of the authorities involved where the executing
State has jurisdiction for all further decisionsObligations of the authorities involved where the executing
State has jurisdiction for all subsequent decisions
Amendment 43
Article 14, paragraph 1, point (a)
(a) modification of the suspensory measures or alternative
sanction ;(a)alternative sanctions and modification of the suspensory
measures;
Amendment 44
Article 14, paragraph 1, point (b)
(b) revocation of the suspension of the sentence ; (b) revocation of the suspended sentence or the conditional
sentence ;
Amendment 45
Article 14, paragraph 1, point (c)
(c)imposition of a sentence in the case of a conditional
sentence;(c)sentencing in the case of a conditional sentence;
Amendment 46
Article 14, paragraph 1, point (d)
(d) lapsing of the suspensory measures or alternative sanction. (d) lapsing of the suspended sentence, conditional sentence or
alternative sanction.
Amendment 47
Article 14, paragraph 1a (new)
(1a) In cases where suspended sentences, conditional sen-
tences or alternative sanctions are revoked, the executingState shall be responsible for executing the custodial sentenceimposed in the judgment, except in the cases provided for inArticle 12(2) and (3).
Amendment 48
Article 14, paragraph 2
2. The competent judicial authority in the issuing State shall
immediately inform the competent judicial authority in theexecuting State, by any means which leaves a written record, ofany circumstances or findings which, in its opinion, could entailrevocation of the suspension of the sentence or modification ofthe suspensory measures or alternative sanction.2. The competent judicial authority in the issuing State shall
immediately inform the competent judicial authority in theexecuting State, by any means which leaves a written record, ofany circumstances or findings which, in its opinion, could entailrevocation of the suspension of the sentence or the conditional
sentence or modification of the suspensory measures or the
obligations or instructions which constitute alternative
sanction.16.10.2008 EN C 263 E/611 Official Journal of the European Union
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BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 49
Article 14, paragraph 2a (new)
2a. A person must be heard by the judicial authorities
before being sentenced in the case of a conditional sentenceor if the suspension of the sentence is revoked, in order toensure that the fundamental principle that defendants mustbe heard is upheld.
Amendment 50
Article 15, title
Obligations of the authorities involved where the issuing State
has jurisdiction for all further decisionsObligations of the authorities involved where the issuing State
has jurisdiction for all subsequent decisions
Amendment 51
Article 15, paragraph 1, introductory part
1. If the competent judicial authority in the issuing State has
jurisdiction for all further decisions in accordance with Arti-
cle 12(2) and (3), the competent judicial authority in the execut-ing State shall immediately notify it of:1. If the competent judicial authority in the issuing State has
jurisdiction for all subsequent decisions in accordance with
Article 12(2) and (3), the competent judicial authority in theexecuting State shall immediately notify it of:
Amendment 52
Article 15, paragraph 1, point (a)
(a)any breach of a suspensory measure or alternative sanction;
and(a)abreach of a suspensory measure or the obligations and
instructions which constitute an alternative sanction; and
Amendment 53
Article 15, paragraph 1, point (b)(i)
(i) is liable to entail modification of the suspensory measures
or alternative sanction,(i) is liable to entail modification of the suspensory measures
orthe obligations or instructions which constitute an
alternative sanction,
Amendment 54
Article 15, paragraph 1, point (b)(ii)
(ii) is relevant to the imposition of a sentence in the case of a
conditional sentence, or(ii) is relevant to sentencing in the case of a conditional sen-
tence, orC 263 E/612 EN 16.10.2008 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 55
Article 15, paragraph 1, point (b) (iii)
(iii) could result in revocation of the suspension of the
sentence.(iii) could result in revocation of the suspension of the sentence
and the conditional sentence .
Amendment 56
Article 15, paragraph 3
3. Before a decision is taken on the imposition of a sentence
in the case of a conditional sentence or on the revocation of thesuspension of a sentence, the sentenced person must be given a
judicial hearing. If appropriate, this requirement may be metaccording to the procedure provided for in Article 10 of theConvention of 29 May 2000 on Mutual Assistance in Crim-inal Matters between the Member States of the EuropeanUnion.3. Before a decision is taken on sentencing in the case of a
conditional sentence or on the revocation of the suspension ofa sentence, the sentenced person must be heard by the judicial
authorities in order to ensure that the fundamental principlethat defendants must be heard is upheld .
Amendment 57
Article 15, paragraph 4, point (a)
(a) modification of the suspensory measures or alternative
sanction;(a) modification of the suspensory measures or of the
obligations or instructions which constitute an alternative
sanction;
Amendment 58
Article 15, paragraph 4, point (b)
(b) revocation of the suspension of sentence; (b) revocation of the suspension of sentence and of the condi-
tional sentence ;
Amendment 59
Article 15, paragraph 4, point (c)
(c)imposition of a sentence in the case of a conditional sen-
tence;(c)sentencing in the case of a conditional sentence;
Amendment 60
Article 15, paragraph 4, point (d)
(d) lapsing of the suspensory measures or alternative sanction. (d) lapsing of the suspended sentence, conditional sentence or
alternative sanction.16.10.2008 EN C 263 E/613 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 61
Article 15, paragraph 4a (new)
4a. Any modification of a suspensory measure or of the
obligations or instructions which constitute alternative sanc-tions by the issuing State's competent judicial authority mustbe carried out with due regard to Article 5. In the event ofa modification, the executing State's competent authoritymay opt to take a fresh decision pursuant to Article 7(2) orArticle 9(1)(i).
Amendment 62
Article 15, paragraph 5
5. In the event of the imposition of a sentence or the revoca-
tion of the suspension of a sentence, the competent judicialauthority of the issuing State shall at the same time inform thecompetent judicial authority of the executing State whether it
intends to forward to the executing State :5. In the event of the imposition of a sentence or the revoca-
tion of the suspension of a sentence, the competent judicialauthority of the issuing State shall at the same time inform thecompetent judicial authority of the executing State that there
is no longer any need for supervision of the suspensorymeasures.
Amendment 63
Article 15, paragraph 5, point (a)
(a) a judgment and certificate as provided for in Council
Framework Decision 2007/ …/JHA for the purpose of
taking over responsibility for enforcement of the measure
involving deprivation of liberty; ordeleted
Amendment 64
Article 15, paragraph 5, point (b)
(b) a European arrest warrant for the purpose of surrender of
the sentenced person in accordance with Council Frame-work Decision 2002/584/JHA of 13 June 2002 on theEuropean arrest warrant and the surrender proceduresbetween Member Statesdeleted
Amendment 65
Article 15, paragraph 6
6. If the obligation to execute suspensory measures or alter-
native sanctions has lapsed , the competent authority of the
executing State shall end the measures ordered as soon as it
has been duly notified by the competent authority of the issu-ing State .6. When it is notified by the competent authority of the
issuing State pursuant to paragraph 5 , the competent auth-
ority of the executing State shall end the supervision and
execution of suspensory measures.
Amendment 66
Article 16, title
Amnesty and pardon Amnesty ,pardon and judgment reviewC 263 E/614 EN 16.10.2008 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT
Amendment 67
Article 16, paragraph 1a (new)
Only the issuing State can take a decision regarding requests
for review of judgments involving suspended sentences, alter-
native sanctions and conditional sentences, the supervision
and execution of which are covered by this Framework Deci-sion.
Amendment 68
Article 17
If the sentenced person leaves the executing State and estab-
lishes his or her lawful and ordinary residence in anotherMember State , the competent judicial authority of the executing
State shall transfer jurisdiction in respect of the supervision of
the suspensory measures and alternative sanctions and inrespect of all further decisions relating to the execution of thejudgment to the competent judicial authority of the issuingState.If the sentenced person leaves the executing State or ceases to
have a lawful and ordinary residence in the executing State ,
the competent judicial authority of the executing State shall
transfer jurisdiction in respect of the supervision of the suspen-
sory measures and the obligations or instructions which con-
stitute alternative sanctions and in respect of all further deci-
sions relating to the execution of the judgment (or if appropri-
ate the decision granting conditional release) to the competent
judicial authority of the issuing State.
Amendment 69
Article 17, paragraph 1a (new)
The transfer of jurisdiction referred to in paragraph 1 must
also take place if the issuing State issues a request to thateffect to the competent judicial authority of the executingState on the grounds that further criminal proceedingsagainst the person are taking place in the issuing State.16.10.2008 EN C 263 E/615 Official Journal of the European Union
Thursday 25 October 2007
TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLICAMENDMENTS
BY PARLIAMENT