A4-0164/98

Draft joint action adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning arrangements for the better exchange of information in respect of payment card crime between Member States' law enforcement agencies, and between those agencies and the payment card industry, where such information is required for the investigation of offences (5683/98 - C4-0136/98 - 98/0906 (CNS))

The draft was approved with the following amendments:

(Amendment 1)

Article 2.1

>Original text>

2. 1. Each Member State shall, subject to national constitutional requirements, designate or establish a national contact point to forward and receive requests for information on the use or suspected use of payment cards in the furtherance of international organized crime. Where possible, this contact point should be located with the central national contact point designated in accordance with recommendation 19 of the High Level Group's Action Plan to combat organized crime.

>Text following EP vote>

2. 1.

Each Member State shall, subject to national constitutional requirements, designate or establish a national contact point to forward and receive requests for information on the counterfeiting or misuse of payment cards or the misuse of information stored thereon (hereinafter referred to as 'use of payment cards') in the furtherance of international organized crime. Where possible, this contact point should be located with the central national contact point designated in accordance with recommendation 19 of the High Level Group's Action Plan to combat organized crime.

(Amendment 2)

Article 2.2

>Original text>

2. 2. The national contact points so designated shall be points through which liaison:

(a) between Member States' national law enforcement agencies, and

(b) between those agencies and the payment card industry

may be facilitated and strategic information on serious offences sought and supplied in accordance with national law.

>Text following EP vote>

2. 2.

The national contact points so designated shall be points through which liaison:

(a) between Member States' national law enforcement agencies, and

(b) between those agencies and the payment card industry

may be facilitated and strategic information on serious offences sought from and supplied by those agencies and issuers in accordance with national law and subject to the following conditions.

(Amendment 3)

Article 3.2, introductory clause

>Original text>

3. 2. Information which may be sought by and exchanged between national law enforcement agencies and other relevant authorities in respect of payment card crime under Article 2.1 above may include:

>Text following EP vote>

3. 2.

Information which may be sought by and exchanged between national law enforcement agencies and other relevant authorities in order to prevent, detect and investigate payment card crime under Article 2.1 above may include:

(Amendment 4)

Article 3.2a (new)

>Original text>

>Text following EP vote>

3.2a Information obtained pursuant to paragraph 3.2(c) and (e) may be passed on by national contact points to issuers at the request of the latter.

(Amendment 5)

Article 3.3

>Original text>

3. 3. The requested Member State and its relevant authorities shall have the final decision on the nature and extent of information supplied on the basis of this Joint Action.

>Text following EP vote>

Deleted

(Amendment 6)

Article 4.3(ba) (new)

>Original text>

>Text following EP vote>

(ba) ensure that the information passed on to issuers pursuant to Article 3.2a contains no personal data.

(Amendment 7)

Article 6a (new)

>Original text>

>Text following EP vote>

ARTICLE 6a: PERIOD OF VALIDITY OF THE JOINT ACTION

This Joint Action shall cease to apply as soon as the Council has entrusted Europol also with the combating of payment card crime, following the entry into force of the Europol Convention.

Legislative resolution embodying Parliament's opinion on the draft joint action adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning arrangements for the better exchange of information in respect of payment card crime between Member States' law enforcement agencies, and between those agencies and the payment card industry, where such information is required for the investigation of offences (5683/98 - C4-0136/98 - 98/0906 (CNS))(Consultation procedure)

The European Parliament,

- having regard to the Council draft (5683/98 - 98/0906 (CNS)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0136/98),

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

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0164/98),

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.