P6_TA(2006)0256

European enforcement order *

European Parliament legislative resolution on the initiative by the Republic of Austria, the Republic of Finland and the Kingdom of Sweden for adoption of a Council framework decision on the European enforcement order and the transfer of sentenced persons between Member States of the European Union (7307/2005 — C6-0139/2005 — 2005/0805(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the initiative by the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (7307/2005) [1],

- having regard to 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 (C6-0139/2005),

- 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 (A6-0187/2006),

1. Approves the initiative by the Republic of Austria, the Republic of Finland 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 again if it intends to amend the initiative by the Republic of Austria, the Republic of Finland and the Kingdom of Sweden substantially;

5. Instructs its President to forward its position to the Council and Commission and the government of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN | AMENDMENTS BY PARLIAMENT |

Amendment 1

Title

Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States | Council Framework Decision on the application of the principle of mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union |

Amendment 2

Recital 5

(5) Relations between the Member States, which are characterised by special mutual confidence in other Member States' legal systems, should go further than the existing Council of Europe instruments on transfer for enforcement purposes. It should be established that there is a basic duty on the executing State to take charge of those of its nationals and those persons permanently legally resident in its territory who have been given a final custodial sentence or a detention order in another Member State, irrespective of their consent, unless there are specific reasons for refusal. | (5) Relations between the Member States, which are characterised by special mutual confidence in other Member States' legal systems, should go further than the existing Council of Europe instruments on transfer for enforcement purposes and enable the executing State to recognise decisions taken by the issuing State's authorities. Notwithstanding the need to provide the sentenced person with adequate safeguards, his or her involvement in the proceedings, in the form of the requirement that his or her consent be given to the forwarding of a judgment to another Member State for the purpose of its recognition and enforcement of the sentence imposed, should no longer be an overriding factor. |

Amendment 3

Recital 5a (new)

| (5a) It is necessary to strengthen mutual trust in the European area of freedom, security and justice in criminal matters by means of measures at European level designed to ensure greater harmonisation and mutual recognition of judicial decisions in penal matters and by envisaging some European penal laws and practices. |

Amendment 4

Recital 6

(6) The transfer of sentenced persons to the State of nationality, the State of legal residence or the State with which the persons have other close links to serve their sentence helps with their social rehabilitation. | (6) The transfer of sentenced persons to the State of nationality or the State of permanent legal residence to serve their sentence will facilitate their social rehabilitation. |

Amendment 5

Recital 7

(7) This Framework Decision is intended to respect fundamental rights and to observe the principles recognised by Article 6 of the Treaty and reflected by the Charter of Fundamental Rights of the European Union, in particular Chapter VI thereof. Nothing in this Framework Decision should be interpreted as prohibiting refusal to execute a decision when there are objective reasons to believe that the sentence was imposed for the purpose of punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced on anyone of those grounds. | (7) This Framework Decision is intended to respect fundamental rights and to observe the principles recognised by Article 6 of the Treaty and reflected by the Charter of Fundamental Rights of the European Union, in particular Chapter VI thereof. Nothing in this Framework Decision should be interpreted as prohibiting refusal to execute a decision when there are objective reasons to believe that the sentence was imposed for the purpose of punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced on anyone of those grounds. When this Framework Decision is being applied, it is necessary also to comply with the provisions relating to procedural rights in the context of criminal proceedings as laid down in the relevant Council framework decision. |

Amendment 6

Article 1, point (a)

(a)"European enforcement order" shall mean a decision delivered by a competent authority of the issuing State for the purpose of enforcing a final sentence imposed on a natural person by a court of that State; | (a)"judgment" shall mean a final decision or order of a court of the issuing State imposing a sentence on a natural person; |

| (This amendment necessitates corresponding changes throughout.) |

Amendment 7

Article 1, point (b)

(b)"sentence" shall mean any custodial sentence or detention order for a limited or unlimited period of time imposed by a court on the basis of criminal proceedings on account of a criminal offence; | (b)"sentence" shall mean any custodial sentence or any measure involving deprivation of liberty imposed for a limited or unlimited period on account of a criminal offence and on the basis of criminal proceedings; |

Amendment 8

Article 1, point (c)

(c)"issuing State" shall mean the Member State in which a European enforcement order was delivered; | (c)"issuing State" shall mean the Member State in which a judgment within the meaning of this Framework Decision was delivered; |

Amendment 9

Article 1, point (d)

(d)"executing State" shall mean the Member State to which a European enforcement order has been forwarded for the purpose of its enforcement. | (d)"executing State" shall mean the Member State to which a judgment has been forwarded for the purpose of its recognition and enforcement of the sentence imposed. |

Amendment 10

Article 2, paragraph 2

2. Notwithstanding Article 4, each Member State may designate, if it is necessary as a result of the organisation of its internal system, one or more central authorities responsible for the administrative transmission and reception of the European enforcement order and to assist the competent authorities. | deleted |

Amendment 11

Article 2, paragraph 3

3. The General Secretariat of the Council shall make the information received available to all Member States and the Commission. | 3. The General Secretariat of the Council shall make the information received available to the Member States concerned. |

Amendment 12

Article 3, paragraph 1

1. The purpose of this Framework Decision is to establish the rules under which a Member State shall recognise and enforce on its territory a sentence imposed by a court of another Member State in accordance with Article 1(b) irrespective of whether or not enforcement has already been started. | 1. The purpose of this Framework Decision is to establish the rules under which a Member State shall recognise a judgment and enforce the sentence imposed irrespective of whether or not enforcement has already started. |

Amendment 13

Article 3, paragraph 1a (new)

| 1a. This Framework Decision shall only apply to the recognition of judgments and the enforcement of sentences within the meaning of the Framework Decision. The fact that, in addition to the sentence, a fine and/or a confiscation order has been imposed, which has not yet been paid, recovered or enforced, shall not prevent a judgment from being forwarded. The recognition and enforcement of such fines and confiscation orders in another Member State shall be based on the instruments applicable between the Member States, in particular Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties [2] and on Council Framework Decision 2006/.../JHA of ... on the application of the principle of mutual recognition to confiscation orders. [3] |

Amendment 14

Article 3, paragraph 3, point (a), introductory part

(a)The following Articles of this Framework Decision shall also apply to the enforcement of sentences where, pursuant to a requirement of Article 5(3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, the person is returned to the executing State in order to serve there the custodial sentence or detention order passed against him or her in the issuing State: | (a)The following Articles of this Framework Decision shall also apply to the enforcement of sentences where, pursuant to a requirement of Article 5(3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, the person is returned to the executing State in order to serve the sentence passed against him or her in the issuing State: |

Amendment 15

Article 3, paragraph 3, point (a), indent 3

—Article 4(3)-(6); Forwarding of the European enforcement order, | —Article 4(1), (3a), (4), (5) and (6); Forwarding of the judgment and the certificate, |

Amendment 16

Article 3, paragraph 3, point (a), indent 5

—Article 8; Recognition and enforcement of a European enforcement order, | — Article 8; Recognition and enforcement of the judgment; |

Amendment 17

Article 3, paragraph 3, point (b), indent 2

—Article 8; Recognition and enforcement of a European enforcement order, | — Article 8; Recognition and enforcement of the judgment; |

Amendment 18

Article 3, paragraph 3, point (b), subparagraph 2

The State that issued the European arrest warrant shall supply the executing State with the information contained in a European enforcement order. The competent authorities shall communicate directly in matters relating to this paragraph. | The State that issued the European arrest warrant shall supply the executing State with the judgment together with a certificate as provided for in Article 4. The competent authorities shall communicate directly in matters relating to this paragraph. |

Amendment 19

Article 4, title

Forwarding of the European enforcement order | Forwarding of the judgment and the certificate |

Amendment 20

Article 4, paragraph -1 (new)

| -1. A judgment, together with a certificate as provided for in this Article, may be forwarded to one of the following Member States: (i)the State of nationality of the sentenced person or the State in which he or she has his or her permanent legal residence;(ii)the State of nationality of the sentenced person and to which he or she will be deported once he or she is released from prison as a consequence of the judgment or an administrative decision consequential to the judgment;(iii)the State of nationality or permanent legal residence of the sentenced person and which has surrendered him or her to the issuing State on the basis of a European Arrest Warrant subject to the condition that the person, after being heard, is returned to the executing State in order to serve there the sentence passed against him or her in the issuing State;(iv)the State in which the sentenced person is staying, or of which he or she is a national or a permanent legal resident, and which consents to the recognition and enforcement of the sentence;(v)the State in which the person has his or her permanent legal residence, unless he or she has lost or will lose the residence permit as a consequence of the judgment or an administrative decision consequential to the judgment; or(vi)the State which consents to the forwarding of the judgment together with the certificate for the purpose of its recognition and enforcement of the sentence imposed. |

| Before forwarding the judgment, the competent authority of the issuing State shall give specific consideration to consulting, by any appropriate means, the competent authority of the executing State. Consultation is obligatory where, in accordance with the criteria laid down in paragraph 1, the judgment could be forwarded to two or more Member States. |

| The executing State may, on its own initiative, request the issuing State to forward the judgment together with the certificate. |

Amendment 21

Article 4, paragraph 1

1. A European enforcement order in respect of a sentence within the meaning of Article 1(b) may be forwarded to the authorities referred to in Article 2(1) of a Member State of which the natural person on whom the sentence has been imposed is a national, in which that person has his or her permanent legal residence or with which that person has other close links. | 1. For the purpose of its recognition and enforcement of the sentence imposed, the judgment or a certified copy of it, together with the certificate, shall be forwarded in accordance with indent 3 of Article 3(3)(a) by the competent authority of the issuing State directly to the competent authority of the executing State by any means which leaves a written record under conditions allowing the executing State to establish its authenticity. The original of the judgment, or a certified copy of it, and the original of the certificate, shall be sent to the executing State if it so requires. All official communications shall also be made directly between the said competent authorities. |

Amendment 22

Article 4, paragraph 2

2. A European enforcement order shall not be forwarded if the person on whom the sentence has been imposed has his permanent legal residence in the issuing State, unless the sentenced person consents to the transfer or unless the decision or an administrative decision consequential to that decision includes an expulsion or deportation order or any other measure as a result of which that person will no longer be allowed to remain in the territory of the issuing State after serving a sentence. | deleted |

Amendment 23

Article 4, paragraph 3

3. The fact that, in addition to the sentence within the meaning of Article 1(b) in respect of the act forming the basis of the European enforcement order, a fine was also imposed which has not yet been paid by the sentenced person shall not prevent a European enforcement order from being forwarded. The enforcement of the fine in another Member State shall be based on the relevant provisions in this field applicable between the Member States. | deleted |

Amendment 24

Article 4, paragraph 3a (new)

| 3a. The certificate, the standard form for which is given in the Annex, shall be signed, and its content certified as accurate, by the competent authority in the issuing State. |

Amendment 25

Article 4, paragraph 4

4. The European enforcement order shall be forwarded directly to the competent authority in the executing State by the competent authority in the issuing state by any means which leaves a written record under conditions allowing the executing State to establish its authenticity. All official communications shall also be made directly between the said competent authorities. | 4. The judgment shall be forwarded directly to the competent authority in the executing State by the competent authority in the issuing state by any means which leaves a written record under conditions allowing the executing State to establish its authenticity and may include data in any form concerning the prison record of the person on whom the sentence has been imposed. All official communications shall also be made directly between the said competent authorities. |

Amendment 26

Article 4, paragraph 5

5. The issuing State shall forward the European enforcement order relating to a person only to one executing State at any one time | 5. The issuing State shall forward the judgment together with the certificate only to one executing State at any one time. |

Amendment 27

Article 4, paragraph 6

6. If the competent authority in the executing State is not known to the competent authority in the issuing State, the latter shall make all necessary inquiries, including via the Contact points of the European Judicial Network set up by Council Joint Action 98/428/JHA, in order to obtain the information from the executing State. | 6. If the competent authority in the executing State is not known to the competent authority in the issuing State, the latter shall make all necessary inquiries, via the Contact points of the European Judicial Network set up by Council Joint Action 98/428/JHA, in order to obtain the information from the executing State. |

Amendment 28

Article 4, paragraph 7

7. When an authority in the executing State which receives a European enforcement order has no competence to recognise it and take the necessary measures for its enforcement, it shall, ex officio, forward the European enforcement order to the competent authority and shall inform the competent authority in the issuing State accordingly. | deleted |

Amendment 29

Article 5, title

Opinion and notification of the sentenced person | Opinion and notification of the sentenced person and of the victim(s) |

Amendment 30

Article 5, paragraph 1

1. When the sentenced person is in the issuing State, he shall, if possible, be given an opportunity to state his opinion orally or in writing before a European enforcement order is issued. Subject to Article 4(1), second sentence, his consent shall not be required for the forwarding of the European enforcement order. However, his opinion shall be taken into consideration when deciding whether the European enforcement order shall be issued and, if so to which executing State it shall be forwarded. | 1. When the sentenced person is in the issuing State, he shall be given an opportunity to state his opinion orally or in writing before a European enforcement order is issued. Subject to Article 4(1), second sentence, his consent shall not be required for the forwarding of the European enforcement order. However, his opinion shall be taken into consideration when deciding whether the European enforcement order shall be issued and, if so to which executing State it shall be forwarded. |

Amendment 31

Article 5, paragraph 1a (new)

| 1a. The victims of the crime shall also be informed of the existence of an application for recognition and transfer of the enforcement of the sentence, and of the outcome of the procedure, including the order to transfer the sentenced person from the issuing State to the executing State. |

Amendment 32

Article 5, paragraph 2

2. When the sentenced person is in the issuing State, the competent authority of that State shall notify him of the consequences of transfer to the executing State. When the sentenced person is in the executing State, such notification shall be given by the competent authority of that State, when required in the interests of justice. | 2. When the sentenced person is in the issuing State, the competent authority of that State shall notify him of the consequences of transfer to the executing State. When the sentenced person is in the executing State, such notification shall be given by the competent authority of that State. |

Amendment 33

Article 6

Article 6 | deleted |

Form and content of the European enforcement order 1. The European enforcement order shall contain the information mentioned in the form in the Annex. The competent authority of the issuing State shall verify the accuracy of the information and sign it. 2. The European enforcement order shall be translated into the official language or one of the official languages of the executing State. Any Member State may, either when this Framework Decision is adopted or at a later date, state in a declaration deposited with the General Secretariat of the Council that it will accept a translation in one or more other official languages of the Union. | |

Amendment 34

Article 8, title

Recognition and enforcement of a European enforcement order | Recognition of the judgment and enforcement of the sentence |

Amendment 35

Article 8, paragraph 1

1. The competent authority of the executing State shall recognise a European enforcement order which has been forwarded in accordance with Article 4 without any further formality being required, and shall forthwith take all the necessary measures for its enforcement, unless the competent authority decides to invoke one of the grounds for non-recognition and non-enforcement provided for in Article 9. | 1. The competent authority of the executing State shall recognise the judgment which has been forwarded in accordance with Article 4 without any further formality being required, and shall forthwith take all the necessary measures for the enforcement of the sentence unless the competent authority decides to invoke one of the grounds for non-recognition and non-enforcement provided for in Article 9. |

Amendment 36

Article 8, paragraph 2

2. Where the sentence is incompatible with fundamental principles of the law of the executing State in terms of its duration, the competent authority of the executing State may decide to adapt the sentence to the maximum level provided for a criminal act under the national law of that State. | 2. Where the sentence is incompatible with the law of the executing State in terms of its duration, the competent authority of the executing State may, after consulting the issuing State, decide to enforce the sentence up to the maximum level provided for the offence under the national law of that State. |

Amendment 37

Article 8, paragraph 3

3. Where the sentence is incompatible with the law of the executing State in terms of its nature, the competent authority of that State may adapt it to the punishment or measure provided for under its own law for a criminal offence of the same type by means of a court or administrative ruling. Such a punishment or measure must correspond as closely as possible to the sentence imposed in the issuing State; this means that the sentence cannot be converted into a pecuniary punishment. It must not increase the sentence imposed in the issuing State. | 3. Where the sentence is incompatible with the law of the executing State in terms of its nature, the punishment or measure must correspond as closely as possible to the sentence imposed in the issuing State; this means that the sentence cannot be converted into a pecuniary punishment. It must not increase or significantly decrease the sentence imposed in the issuing State. |

Amendment 38

Article 8, paragraph 4

4. If the European enforcement order has also been issued in respect of acts which are not covered by Article 7(1), and the executing State refuses to recognise and enforce the European enforcement order on account of such acts pursuant to Article 9 (1)(b), that State has to request the issuing State to be notified which part of the sentence relates to the acts in question. After having received that information, the executing State may reduce the sentence by the portion thereof which is notified by the issuing State. | 4. If the judgment has also been issued in respect of acts which are not covered by Article 7(1), and the executing State refuses to recognise and enforce the judgment on account of such acts pursuant to Article 9(1)(b), that State has to request the issuing State to be notified which part of the sentence relates to the acts in question. After having received that information, the executing State may reduce the sentence by the portion thereof which is notified by the issuing State. |

Amendment 39

Article 9, paragraph 1, introductory part

1. The competent authorities in the executing State may refuse to recognise and enforce the European enforcement order if: | 1. The competent authority of the executing State may refuse to recognise the judgment and enforce the sentence if: |

Amendment 40

Article 9, paragraph 1, point (a)

(a)a decision against the person concerned in respect of the same acts has been delivered in the executing State or in any State other than the issuing or the executing State, provided that in the latter case the decision has been executed, is currently being executed or may no longer be executed under the law of the sentencing State; | (a)the certificate provided for in Article 4 is incomplete or manifestly does not correspond to the judgment; |

Amendment 41

Article 9, paragraph 1, point (aa) (new)

| (aa) the criteria set forth in Article 4(-1) are not met; |

Amendment 42

Article 9, paragraph 1, point (ab) (new)

| (ab)enforcement of the sentence would be contrary to the principle of ne bis in idem; |

Amendment 43

Article 9, paragraph 1, point (b)

(b)in a case referred to in Article 7(3), the enforcement order relates to acts which would not constitute an offence under the law of the executing State; however, in relation to taxes or duties, customs and exchange, execution of a European enforcement order may not be refused on the ground that the law of the executing State does not impose the same kind of tax or duty or does not contain the same type of rules as regards taxes, duties and customs and exchange regulations as the law of the issuing State; | (b)in a case referred to in Article 7(3), the judgment relates to acts which would not constitute an offence under the law of the executing State; however, in relation to taxes or duties, customs and exchange, execution of a judgment may not be refused on the ground that the law of the executing State does not impose the same kind of tax or duty or does not contain the same type of rules as regards taxes, duties and customs and exchange regulations as the law of the issuing State; |

Amendment 44

Article 9, paragraph 1, point (c)

(c)the enforcement of the decision is statute-barred according to the law of the executing State, insofar as the European enforcement order relates to acts which fall within the jurisdiction of the executing State under its own law; | (c)the enforcement of the sentence is statute-barred according to the law of the executing State and the sentence relates to acts which fall within the jurisdiction of the executing State under its own law; |

Amendment 45

Article 9, paragraph 1, point (ca) (new)

| (ca)there is immunity under the law of the executing State, which makes it impossible to enforce the sentence; |

Amendment 46

Article 9, paragraph 1, point (d)

(d)the European enforcement order has been issued in respect of a natural person who, under the law of the executing State, owing to his or her age, could not yet have been held criminally liable for the acts in respect of which the European enforcement order was issued; | (d)the sentence has been imposed on a person who, under the law of the executing State, owing to his or her age, could not yet have been held criminally liable for the acts in respect of which the judgment was issued; |

Amendment 47

Article 9, paragraph 1, point (e)

(e)at the time the European enforcement order was received by the competent authority pursuant to Article 4(1), less than four months of the sentence have still to be served; | (e)at the time the judgment was received by the competent authority of the executing State, less than six months of the sentence have still to be served; |

Amendment 48

Article 9, paragraph 1, point (f)

(f)the person concerned does not agree to the European enforcement order being forwarded and the order has been issued for the purposes of enforcing a sentence imposed by a decision rendered in absentia, insofar as the person was not summoned personally or informed in some other way of the time and place of the proceedings which resulted in the decision rendered in absentia, or if the person has not indicated to a competent authority that he or she does not contest the case; | (f)the judgment was rendered in absentia, unless the certificate states that the person was summoned personally or informed via a competent representative according to national law, of the time and place of the proceedings which resulted in the judgment being rendered in absentia; |

Amendment 49

Article 9, paragraph 1, point (g)

(g)the natural person in respect of whom the European enforcement order has been issued neither possesses the nationality of the executing State, nor is legally and permanently resident in, nor yet has any close links with that State. | deleted |

Amendment 50

Article 9, paragraph 2

2. In the cases referred to in paragraph 1(a), (f) and (g), before deciding not to recognise and enforce a European enforcement order, the competent authority in the executing State shall consult the competent authority in the issuing State, by any appropriate means, and shall, where appropriate, ask it to supply any necessary additional information without delay. | 2. In the cases referred to in paragraph 1(a), (aa), (ab) and (f), before deciding not to recognise the judgment and enforce the sentence, the competent authority in the executing State shall consult the competent authority in the issuing State, by any appropriate means, and shall, where appropriate, ask it to supply any necessary additional information without delay. |

Amendment 51

Article 9, paragraph 2a (new)

| 2a. The recognition of the judgment may be postponed in the executing State where the certificate provided for in Article 4 is incomplete or manifestly does not correspond to the judgment. |

Amendment 52

Article 10, title

Decision on the European enforcement order and time limits | Decision on enforcement of the judgment and time limits |

Amendment 53

Article 10, paragraph 1

1. The competent authority in the executing State shall, as quickly as possible and in any case within a maximum of three weeks of receipt of the European enforcement order, decide whether to enforce it. | 1. The competent authority in the executing State shall decide as quickly as possible whether to recognise the judgment and enforce the sentence and shall inform the issuing State thereof, including of any decision regarding the sentence in accordance with Article 8(2) and (3). |

Amendment 54

Article 10, paragraph 1a (new)

| 1a. Unless a ground for postponement under Article 9(2a) exists, the final decision on the recognition of the judgment and the enforcement of the sentence shall be taken within a period of 30 days of receipt of the judgment and the certificate. |

Amendment 55

Article 10, paragraph 1b (new)

| 1b. In other cases and unless a ground for postponement under Article 9(2a) exists, the final decision on the recognition of the judgment and the enforcement of the sentence shall be taken within a period of 60 days of receipt of the judgment and the certificate. |

Amendment 56

Article 10, paragraph 2a (new)

| 2a. Where in specific cases it is not possible to take a decision on the recognition of the judgment and enforcement of the sentence within the time limits laid down in paragraphs 1a and 1b, the competent authority of the executing State shall, without delay, inform the competent authority of the issuing State thereof and of the reasons. In such cases, the time limits may be extended by a further 30 days. |

Amendment 57

Article 11, paragraph 1

1. If a person in respect of whom a European enforcement order has been issued is in the issuing State, the person shall be transferred to the executing State as quickly as possible at a time agreed between the competent authorities of the issuing and the executing State. | 1. If a sentenced person is in the issuing State, the person shall be transferred to the executing State no later than 30 days after the final decision of the executing State on the recognition of the judgment and enforcement of the sentence has been taken. |

Amendment 58

Article 11, paragraph 2

2. The person shall be transferred no later than two weeks after the final decision on the enforcement of the European enforcement order has been taken. | deleted |

Amendment 59

Article 11, paragraph 3

3. If the transfer of the person within the period laid down in paragraph 2 is prevented by unforeseeable circumstances, the competent authorities of the issuing and executing States shall immediately contact each other and agree on a new transfer date. | 3. If the transfer of the person within the period laid down in paragraph 1 is prevented by unforeseen circumstances, the competent authorities of the issuing and executing States shall immediately contact each other. Transfer shall take place as soon as these circumstances have ceased to exist. The competent authority of the issuing State shall immediately inform the competent authority of the executing State and agree on a new transfer date. In that event, transfer shall take place within 10 days of the new date thus agreed. |

Amendment 60

Article 12, paragraph 1

1. Each Member State shall permit the transit through its territory of a sentenced person who is being transferred to the executing State provided that it has been given information on: | 1. Each Member State concerned shall be informed of the transit through its territory of a sentenced person who is being transferred to the executing State and shall be provided with a copy of the certificate by the issuing State. |

(a)the identity and nationality of the person who is the subject of the European enforcement order;(b)the existence of a European enforcement order;(c)the nature and legal classification of the offence underlying the European enforcement order;(d)the description of the circumstances of the offence, including date and place. | |

Amendment 61

Article 12, paragraph 2

2. The transit request and the information referred to in paragraph 1 may be transmitted by any means capable of producing a written record. The Member State of transit shall notify its decision, which shall be taken on a priority basis and not later than one week after having received the request by the same procedure. | 2. The transit request and the certificate referred to in paragraph 1 may be transmitted by any means capable of producing a written record. The Member State of transit shall notify its decision, which shall be taken on a priority basis and not later than one week after having received the request by the same procedure. |

Amendment 62

Article 12, paragraph 2a (new)

| 2a. The Member State of transit may hold the sentenced person in custody only for such time as is necessary for transit through its territory. |

Amendment 63

Article 12, paragraph 3

3. A transit request is not required in the case of transport by air without a scheduled stopover. However, if an unscheduled landing occurs, the issuing State shall provide the information provided for in paragraph 1. | 3. A transit request is not required in the case of transport by air without a scheduled stopover. However, if an unscheduled landing occurs, the issuing State shall provide the information provided for in paragraph 1 within 48 hours after the unscheduled landing. |

Amendment 64

Article 13, paragraph 1

1. The enforcement of a European enforcement order shall be governed by the law of the executing State in the same way as sentences imposed by that State. The authorities of the executing State alone shall, subject to paragraphs 2 and 3, be competent to decide on the procedures for enforcement and to determine all the measures relating thereto, including the grounds for conditional release. | 1. The enforcement of a sentence shall be governed by the law of the executing State. The authorities of the executing State alone shall, subject to paragraphs 2, and 3 be competent to decide on the procedures for enforcement and to determine all the measures relating thereto, including the grounds for early or conditional release. |

Amendment 65

Article 13, paragraph 2

2. The competent authority of the executing State shall deduct any period of deprivation of liberty served in the issuing State or in another State in connection with the sentence in respect of which the European enforcement order is issued from the total duration of the deprivation of liberty to be served in the executing State. | 2. The competent authority of the executing State shall deduct the full period of deprivation of liberty already served by the sentenced person in connection with the sentence in respect of which the judgment is issued from the total duration of the deprivation of liberty to be served in the executing State. |

Amendment 66

Article 13, paragraph 3

3. Unless otherwise agreed between the issuing and the executing States, conditional release may only be granted if the sentenced person has served a total of at least half the sentence in the issuing and executing States. | 3. Unless otherwise agreed between the issuing and the executing States, conditional release may only be granted if the sentenced person has served a total of at least half the sentence in the issuing and executing States or a sentence of a specific duration which is consistent with the law of the issuing and executing States. |

Amendment 67

Article 14, paragraph 1a (new)

| 1a. Paragraph 1 shall apply to persons being transferred when they pass through transit Member States. |

Amendment 68

Article 15, paragraph 1

1. An amnesty or pardon may be granted by the issuing State and also by the executing State. | 1. An amnesty or pardon may be granted by the issuing State in consultation with the executing State or by the executing State. |

Amendment 69

Article 17, point (b)

(b)of any decision not to recognise and enforce a European enforcement order in accordance with Article 9, together with the reasons for the decision; | (b)of any decision not to recognise the judgment and enforce the sentence in accordance with Article 9, either in whole or in part, together with the reasons for the decision; |

Amendment 70

Article 17, point (c)

(c)of the adaptation of the sentence in accordance with Article 8(2) or (3), together with the reasons for the decision; | (c)of any decision regarding the sentence in accordance with Article 8(2) or (3), together with the reasons for the decision, taking into account the differences between the laws of the Member States concerned; |

Amendment 71

Article 17, point (d)

(d)of the total or partial non-enforcement of the order for the reasons referred to in Articles 8(4), 13(1) and 15(1) — together with the reasons for the decision — and, in the event of partial non-enforcement for the reason referred to in Article 8(4), a request to be notified which part of the sentence relates to the acts in question; | (d)of the total or partial non-enforcement of the sentence for the reasons referred to in Articles 13(1) and 15(1) together with the reasons for the decision; |

Amendment 72

Article 17, point (e)

(e)of the fact that the person concerned has not started serving the sentence without reason; | deleted |

Amendment 73

Article 17, point (ga) (new)

| (ga) of the fact that the judgment has been recognised and accepted. |

Amendment 74

Article 17a (new)

| Article 17a Languages The certificate, the standard form of which is set out in the Annex, shall be translated into the official language, or one of the official languages, of the executing State. Any Member State may, either when this Framework Decision is adopted or at a later date, state in a declaration deposited with the General Secretariat of the Council that it will accept a translation in one or more other official languages of the European Union. |

[1] OJ C 150, 21.6.2005, p. 1.

[2] OJ L 76, 22.3.2005, p. 16.

[3] OJ L ...

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