TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AMENDMENT

Amendment 1 Initiative of the Federal Republic of Germany Recital 3a (new)

(3a) It is necessary for the Council to adopt the framework decision on certain procedural rights in criminal proceedings throughout the European Union as soon as possible in order to lay down certain minimum rules on the availability of legal assistance to individuals in the Member States.

Amendment 2 Initiative of the Federal Republic of Germany Recital 3b (new)

(3b) The data protection rules laid down in Decision 2008/…/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, are to be created in the absence of an adequate third pillar legal instrument on data protection. When approved, that general legal instrument should be applied to the entire area of police and judicial cooperation in criminal matters, provided that its level of data protection is adequate and, in any event, no lower than the protection laid down in the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and the Additional Protocol thereto regarding supervisory authorities and transborder data flows of 8 November 2001.

Amendment 3 Initiative of the Federal Republic of Germany Recital 3c (new)

(3c) Special categories of data concerning racial or ethnic origin, political opinion, religious or philosophical belief, party or trade union membership, sexual orientation or health should be processed only if absolutely necessary and in proportion to the purpose of the specific case and in compliance with specific safeguards.

Amendment 4 Initiative of the Federal Republic of Germany Recital 3d (new)

(3d) With a view to efficient police cooperation, it should be possible to establish joint task forces rapidly and unbureaucratically.

Amendment 5 Initiative of the Federal Republic of Germany Recital 4a (new)

(4a) The measures provided for in this Decision are consistent with the opinion of the European Data Protection Supervisor of 19 December 2007.

Amendment 6 Initiative of the Federal Republic of Germany Article 2 — point –a (new)

(–a) ‘personal data’ shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity;

Amendment 11 Initiative of the Federal Republic of Germany Article 2 — point e

(e) ‘non-coding part of DNA’ means chromosome regions not genetically expressed , i.e. not known to provide for any functional properties of an organism ; (e) ‘non-coding part of DNA’ shall mean chromosome zones containing no genetic expression , i.e. not known to provide information about specific hereditary characteristics; notwithstanding any scientific progress, no more information shall be revealed from the non-coding part of DNA ;

Amendment 18 Initiative of the Federal Republic of Germany Article 3a (new)

Article 3a Requests regarding acquitted or discharged persons In accordance with Chapters 3 and 4 of this Decision, reports that match the DNA profile or dactyloscopic data of persons who have been acquitted or discharged shall be exchanged only if the database is precisely circumscribed and the category of data subject to the inquiry is clearly defined by national law.

Amendment 19 Initiative of the Federal Republic of Germany Article 8 — paragraph 1 — point a

(a) the Member State code of the requesting Member State; (a) the Member State code of the requesting Member State and the code of the consulting national authority ;

Amendment 20 Initiative of the Federal Republic of Germany Article 17 — paragraph 3 — subparagraph i

(i) the powers the officers and other officials of the seconding Member State(s) may exercise in the host Member State during the operation; (i) the powers the officers and other officials of the seconding Member State(s) may exercise in the host Member State during the operation; those powers shall include, in particular, the rights of surveillance, hot pursuit, arrest and questioning;

Amendment 21 Initiative of the Federal Republic of Germany Article 18 — paragraph 1

1. Further details concerning the technical and administrative implementation of Decision 2007/…/JHA are set out in the Annex to this Decision. The Annex may be modified by the Council, acting by a qualified majority. 1. Further details concerning the technical and administrative implementation of Decision 2008/…/JHA are set out in the Annex to this Decision. The Annex may be modified by the Council, acting by a qualified majority after consulting the European Parliament in accordance with Article 34(2)(c) and Article 39(1) of the Treaty on European Union .

Amendment 22 Initiative of the Federal Republic of Germany Article 20 — paragraph 1

1. The Council shall take a decision referred to in Article 25(2) of Decision 2007/…/JHA on the basis of an evaluation report which shall be based on a questionnaire as set out in Chapter 4 of the Annex to this Decision. 1. The Council shall take a decision referred to in Article 25(2) of Decision 2008/…/JHA on the basis of an evaluation report which shall be based on a questionnaire as set out in Chapter 4 of the Annex to this Decision. The independent data protection authorities of the Member State(s) concerned shall be fully involved in the evaluation procedure set out in Chapter 4 of the Annex to this Decision.

Amendment 23 Initiative of the Federal Republic of Germany Article 21 — paragraph 1

1. An evaluation of the administrative, technical and financial application of the data exchange pursuant to Chapter 2 of Decision 2007/…/JHA shall be carried out on an annual basis. The evaluation shall relate to those Member States already applying Decision 2007/…/JHA at the time of the evaluation and shall be carried out with respect to the data categories for which data exchange has started among the Member States concerned. The evaluation shall be based on reports of the respective Member States. 1. An evaluation of the administrative, technical and financial application of the data exchange pursuant to Chapter 2 of Decision 2008/…/JHA shall be carried out on an annual basis. Such evaluation shall include an assessment of the consequences of differences in techniques and criteria for collecting and storing DNA data in the Members States. The evaluation shall also include an assessment of the results related to the proportionality and the effectiveness of the cross-border exchange of the various types of DNA data. The evaluation shall relate to those Member States already applying Decision 2008/…/JHA at the time of the evaluation and shall be carried out with respect to the data categories for which data exchange has started among the Member States concerned. The evaluation shall be based on reports of the respective Member States.

Amendment 24 Initiative of the Federal Republic of Germany Article 21 — paragraph 2a (new)

2a. The General Secretariat of the Council shall transmit to the European Parliament and the Commission on a regular basis the results of the evaluation of data exchange in the form of a report as referred to in Chapter 4, point 2.1 of the Annex to this Decision.

Amendment 25 Initiative of the Federal Republic of Germany Addendum to the Initiative — Chapter 1 — point 1.1 — subparagraph 3