European Parliament legislative resolution on the initiative of the French Republic with a view to adopting a Council Framework Decision on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime (10232/2000 – C5-0393/2000 — 2000/0814(CNS))
Date: 2000-11-14
Institutions: European Parliament
Subjects: confiscation of property, fight against crime, judicial cooperation in criminal matters in the EU, organised crime

C 223/88

Official Journal of the European Communities

EN

8.8.2001

Tuesday 14 November 2000

TEXT PROPOSED
BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Articles 1, 3, 5(1) and 8(2) of
hereby repealed.

Joint Action 98/699/JHA are

Joint Action 98/699/JHA is hereby repealed.

(Amendment 14)
Article 7

(Amendment 17)
Article 7a (new)

Article 7a

This Framework Decision shall be reviewed and, where
appropriate, revised in the light of developments and
results achieved in relation to its application.
It shall
form part of the acquis of the European Union.

(Amendment 15)
Article 8(1)

1. Member States shall adopt
the measures necessary to
comply with the provisions of this Framework Decision by
31 December 2001.

1. Member States shall adopt
the measures necessary to
comply with the provisions of this Framework Decision by
31 December 2002.

(Amendment 16)
Article 8(2)

2. Member States shall forward to the General Secretariat of
the Council and to the Commission of the European Commu-
nities, by the same date, the text of the provisions transposing
into their national law the obligations arising from them from
this Framework Decision and, where appropriate, the notifica-
tions made pursuant to Article 40(2) of the 1990 Convention.
On the basis of this information and a written report from the
Commission, the Council shall ascertain, by 30 June 2002 at
the latest, to what extent Member States have taken the neces-
sary measures to comply with this Framework Decision.

2. Member States shall forward to the General Secretariat of
the Council and to the Commission of the European Commu-
nities, by 1 March 2002 at the latest, the text of the provi-
sions transposing into their national law the obligations arising
from them from this Framework Decision and, where appropri-
ate, the notifications made pursuant to Article 40(2) of the
1990 Convention. On the basis of this information and a writ-
ten report from the Commission, the Council shall ascertain, by
31 December 2002 at the latest, to what extent Member
States have taken the necessary measures to comply with this
Framework Decision.

European Parliament legislative resolution on the initiative of the French Republic with a view to
adopting a Council Framework Decision on money laundering, the identification, tracing, freezing,
seizing and confiscation of instrumentalities and the proceeds from crime (10232/2000 - C5-0393/
2000 - 2000/0814(CNS))

(Consultation procedure)

The European Parliament,

3 having regard to the initiative of the French Republic (10232/2000) (1),

3 having regard to Article 34(2) (b) of the EU Treaty,

3 having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0393/2000),

3 having regard to Rules 106 and 67 of its Rules of Procedure,

3 having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home

Affairs (A5-0313/2000),

(1) OJ C 243, 24.8.2000, p. 9.

8.8.2001

EN

Official Journal of the European Communities

C 223/89

Tuesday 14 November 2000

1.

Approves the initiative of the French Republic as amended;

Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-

2.
ment;

Asks to be consulted again if the Council intends to amend the initiative of the French Republic

3.
substantially;

Instructs its President to forward its position to the Council and Commission and the Government of

4.
the French Republic.

5. Protocol amending Europol Convention *

A5-0312/2000

Initiative from the Portuguese Republic with a view to the adoption of a Council Act on the
drawing up on the basis of Article 43(1) of the Convention on the establishment of a European
Police Office (Europol Convention) of a Protocol amending Article 2 and the Annex to that Con-
vention (9426/2000 - C5-0359/2000 - 2000/0809(CNS))

The initiative was amended as follows:

TEXT PROPOSED
BY THE PORTUGUESE REPUBLIC (1)

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Initiative, Title

Initiative from the Portuguese Republic with a view to the
adoption of a Council Act on the drawing up on the basis of
Article 43(1) of the Convention on the establishment of a Eur-
opean Police Office (Europol Convention) of a Protocol amend-
ing Article 2 and the Annex to that Convention

Initiative from the Portuguese Republic with a view to the
adoption of a Council Act on the drawing up on the basis of
Article 43(1) of the Convention on the establishment of a Eur-
opean Police Office (Europol Convention) of a Protocol amend-
ing Articles 2, 28, 29, 34 and 40 and the Annex to that Con-
vention

(Amendment 9)
Protocol, recital −1 (new)

(−1) The entry into force of the Europol Convention has
provided the European Union with an important tool in
the field of law enforcement and of organised crime by
developing and strengthening the operative exchange of
information and intelligence between law enforcement
parties in Member States.

(Amendment 7)
Protocol, Article 1(1a) (new), Article 28(2) (Europol Convention)

1a. Article 28(2) shall be replaced by the following:

2.
The Management Board shall be composed of
one representative of each Member State, two repre-
sentatives of the Commission and two representatives
of the European Parliament. Each member of the Man-
agement Board shall have one vote.

(1) OJ C 200, 13.7.2000, p. 1.