P6_TA(2006)0236

Prohibitions on certain sex offenders *

European Parliament legislative resolution on the initiative by the Kingdom of Belgium with a view to the adoption by the Council of a framework decision on the recognition and enforcement in the European Union of prohibitions arising from convictions for sexual offences committed against children (14207/2004 — C6-0244/2004 — 2004/0818(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the initiative by the Kingdom of Belgium (14207/2004) [1],

- having regard to Article 34(2)(b) and Article 31(1)(a) of the EU Treaty,

- having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0244/2004),

- having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

- having regard to Rules 93, 51, 41(4) and 35 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A6-0068/2006),

1. Approves the initiative by the Kingdom of Belgium 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 Kingdom of Belgium substantially;

5. Calls for a parallel provision to be enacted on the basis of Article 65(a) of the EC Treaty given the clear intersection between issues linked to judicial cooperation in criminal and in civil matters;

6. Instructs its President to forward its position to the Council and Commission, the government and parliament of the Kingdom of Belgium and the governments and parliaments of the other Member States.

TEXT PROPOSED BY THE KINGDOM OF BELGIUM | AMENDMENTS BY PARLIAMENT |

Amendment 1

Citation 1

Having regard to the Treaty on European Union, and in particular Article 31(a) and Article 34(2)(b) thereof, | Having regard to the Treaty on European Union, and in particular Article 31(1)(a) and (c) and Article 34(2)(b) thereof, |

Amendment 2

Recital 5

(5) Combating the sexual exploitation of children and child pornography, and in particular combating risks of recidivism in this context, should be a priority for the Union. In this particular area Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography established, in accordance with the principle of subsidiarity, a minimum common EU approach to these criminal offences, in particular as regards the type of penalty and prohibition that should be provided for by national legislation. The principle of mutual recognition should be applicable to temporary or permanent prohibition from exercising professional activities related to the supervision of children, which is expressly provided for by the Framework Decision, where that prohibition is consequent upon a criminal conviction for one of the offences connected to the sexual exploitation of children and child pornography. | (5) Given that, within the same Member State and across the European Union, the range of possible prohibitions arising from criminal convictions is broad and the nature and methods of applying those sanctions can vary considerably, priority should be given to sectors where a common basis already exists between the Member States. Combating the sexual exploitation of children and child pornography, and in particular combating risks of recidivism in this context, should be a priority for the Union. In this particular area Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography established, in accordance with the principle of subsidiarity, a minimum common EU approach to these criminal offences, in particular as regards the type of penalty and prohibition that should be provided for by national legislation. The principle of mutual recognition should be applicable inter alia to temporary or permanent prohibition from exercising professional activities related to the supervision of children, which is expressly provided for by the Framework Decision, where that prohibition is consequent upon a criminal conviction for one of the offences connected to the sexual exploitation of children and child pornography. |

Amendment 3

Article 2, point (c)

(c)"prohibition" shall mean a temporary or permanent ban on exercising professional activities related to the supervision of children, referred to in Article 5(3) of Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography, arising from a conviction for an offence under Article 1(1); | (c)"prohibition" shall mean a temporary or permanent ban on exercising professional activities related to the supervision of children, referred to in Article 5(3) of Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography, and on exercising activities other than the supervision of children within a public or private institution that supervises or works with children, arising from a conviction for an offence under Article 1(1); |

Amendment 4

Article 2, point (d)

(d)"central authority" shall mean the authority appointed under Article 2 of the Council Decision of [...] on the exchange of information extracted from the criminal record; | (d)"central authority" shall mean the authority appointed under Article 1 of the Council Decision of [...] on the exchange of information extracted from the criminal record; |

Amendment 5

Article 3, paragraph -1 (new)

| -1. Where the applicable international instruments on mutual legal assistance in criminal matters so allow, prohibitions imposed by third countries shall be registered in the criminal record. |

Amendment 6

Article 3

Member States shall take the necessary steps to ensure that any prohibition is registered in the criminal record. | 2. Member States shall take the necessary steps to ensure that any prohibition, including any prohibition imposed by other Member States, is registered in the criminal record. |

Amendment 7

Article 4, paragraph 1

1. When the issuing State passes on criminal record information to another Member State under the applicable international rules on mutual legal assistance in criminal matters, it shall mention the prohibition in the excerpt from the criminal record. | 1. When the issuing State passes on criminal record information to another Member State under the applicable international rules on mutual legal assistance in criminal matters, and in accordance with Council Decision 2005/876/JHA of 21 November 2005 on the exchange of information extracted from the criminal record [2], it shall mention the prohibition among the information provided for in the excerpt from the criminal record. |

Amendment 8

Article 5

Where application is made in the framework of this Framework Decision for the criminal records of a Member State, in accordance with national law, with a view to obtaining information on a national of another Member State, an application shall always be made to the central authority of the Member State of which the person concerned is a national. | Where application is made in the framework of this Framework Decision for the criminal records of a Member State, in accordance with national law, with a view to obtaining information on a national of, or on a person residing in, another Member State, including where there are no criminal proceedings before a court against any such persons, an application shall always be made to the central authority of the Member State of which the person concerned is a national or is a resident. |

Amendment 9

Article 5, paragraph 1a (new)

| 1a. Where application is made in the framework of this Framework Decision for the criminal records of a Member State, in accordance with national law, with a view to obtaining information on a national of more than one State, such an application shall always be made to the central authority of each Member State of which the person concerned is a national. |

Amendment 10

Article 7, title

Reasons for non-recognition or non-enforcement | Reasons for non-recognition, non-enforcement or adaptation of the prohibition |

Amendment 11

Article 7, point (ca) (new)

| (ca)the offence at the origin of the prohibition is covered by an amnesty in the enforcing State. |

Amendment 12

Article 7, paragraph 1a (new)

| 1a. If the duration of the prohibition exceeds the maximum provided for by the law of the enforcing State for the same offence, the duration of the enforced prohibition shall be reduced to that maximum. |

Amendment 13

Article 8, paragraph 1

1. To enforce a prohibition, the competent authority of the issuing State shall not require any formalities other than form B, referred to in Article 4(2) of the Council Decision of [...] on the exchange of information extracted from the criminal record. | 1. To enforce a prohibition, the competent authority of the issuing State shall not require any formalities other than the form referred to in Article 3(2) of the Council Decision of [...] on the exchange of information extracted from the criminal record. |

Amendment 14

Article 8, paragraph 2

2. If the duration of the prohibition exceeds the maximum provided for by the law of the enforcing State for the same offence, the duration of the enforced prohibition shall be reduced to that maximum. | Deleted |

[1] Not yet published in OJ.

[2] OJ L 322, 9.12.2005, p. 33.

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