European Parliament legislative resolution on the initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium for the adoption by the Council of a Framework Decision on the execution in the European Union of orders freezing assets or evidence (5126/2001 – C5-0055/2001 — 2001/0803(CNS))
Date: 2001-09-20
Institutions: European Parliament
Subjects: EU Member State, confiscation of property, criminal procedure, framework decision, power of initiative, proof

28.3.2002

EN

Official Journal of the European Communities

C 77 E/93

Thursday 20 September 2001

TEXT PROPOSED BY THE GOVERNMENTS
OF THE FRENCH REPUBLIC, THE KINGDOM OF SWEDEN
AND THE KINGDOM OF BELGIUM

AMENDMENTS
BY PARLIAMENT

The notification referred to in Article 3 must also set out,

1.
or be followed within no more than four days by:

The notification referred to in Article 3 must also set out,

1.
or be followed within no more than fifteen days by:

Amendment 9
Article 8, paragraph 1, introduction

Amendment 10
Article 9, paragraph 1

1.
An appeal without suspensive effect may be lodged
against a freezing order executed pursuant to Article 4 by the
defendant, the victim or any natural or legal person claiming to
be a bona fide third party; the action shall be brought before
the competent authority in the issuing State or in the executing
State in accordance with the national law of each.

1.
An appeal without suspensive effect may be lodged
against a freezing order executed pursuant to Article 4 by the
defendant, the victim or any natural or legal person claiming to
be a bona fide third party. The action shall be brought before
the competent authority in the issuing State or in the executing
State in accordance with the national law of each, subject to
the restrictions specified in the following paragraph.

Amendment 11
Article 9, paragraph 2

The freezing order may not be appealed as to its sub-

2.
stance in the executing State.

2.
In the executing State an appeal may relate solely to the
grounds for non-execution laid down in Article 6 and to the
conditions of execution referred to in Article 5(3) and may
not under any circumstances relate to the substance.

Amendment 12
Article 11, paragraph 1

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

1. Member States shall
take the necessary measures to
comply with the provisions of this Framework Decision before
30 June 2002.

Amendment 13
Article 11, paragraph 2

By the same date Member States shall transmit to the
2.
General Secretariat of the Council and to the Commission the
text of the provisions transposing into their national law the
obligations imposed on them under this Framework Decision.
On the basis of a report established on the basis of
this
the
information and a written report by the Commission,
Council shall, no later than 30 June 2003, assess the extent to
which Member States have taken the necessary measures in
order to comply with this Framework Decision.

By the same date Member States shall transmit to the
2.
General Secretariat of the Council and to the Commission the
text of the provisions transposing into their national law the
obligations imposed on them under this Framework Decision.
On the basis of a report established on the basis of
this
the
information and a written report by the Commission,
Council shall, no later than 31 December 2002, assess the
extent
to which Member States have taken the necessary
measures in order to comply with this Framework Decision.

European Parliament legislative resolution on the initiative by the Governments of the French
Republic, the Kingdom of Sweden and the Kingdom of Belgium for the adoption by the Council
of a Framework Decision on the execution in the European Union of orders freezing assets or
evidence (5126/2001 (cid:129) C5-0055/2001 (cid:129) 2001/0803(CNS))

(Consultation procedure)

The European Parliament,

(cid:129) having regard to the Initiative by the Governments of the French Republic, the Kingdom of Sweden

and the Kingdom of Belgium (5126/2001) (1),

(1) OJ C 75, 7.3.2001, p. 3.

C 77 E/94

Official Journal of the European Communities

EN

28.3.2002

Thursday 20 September 2001

(cid:129) having regard to Article 34(2) (b) of the EU Treaty,

(cid:129) having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0055/2001),

(cid:129) having regard to Rules 106 and 67 of its Rules of Procedure,

(cid:129) having regard to the report of the Committee on Citizens(cid:146) Freedoms and Rights, Justice and Home

Affairs (A5-0274/2001),

Approves the Initiative by the Governments of the French Republic, the Kingdom of Sweden and the

1.
Kingdom of Belgium as amended;

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

2.
Parliament;

3.
Asks to be consulted again should the Council intend to make substantial modifications to the Initi-
ative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium;

Instructs its President to forward this opinion to the Council and Commission and to the Govern-

4.
ments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium.

5. Refugee status in Member States *

A5-0291/2001

Proposal for a Council directive on minimum standards on procedures in Member States for grant-
ing and withdrawing refugee status (COM(2000) 578 (cid:129) C5-0705/2000 (cid:129) 2000/0238(CNS))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSION (1)

AMENDMENTS
BY PARLIAMENT

Amendment 2
Recital 9

(9) On the other hand, in the interests of a system of swift
recognition of those applicants in need of protection as refu-
gees within the meaning of Article 1(A) of the Geneva Conven-
tion, provision should be made for Member States to operate
specific procedures for processing applications for which it is
not necessary to consider the substance and those that are sus-
pected to be manifestly unfounded.

(9) On the other hand, in the interests of a system of swift
recognition of those applicants in need of protection as refu-
gees within the meaning of Article 1(A) of the Geneva Conven-
tion, provision should be made for Member States to operate
specific procedures for processing applications for which it is
not necessary to consider the substance and those that are sus-
pected to be manifestly unfounded, in accordance with criteria
which have been clearly laid down in advance.

Amendment 3
Recital 10

(10) Member States are at liberty to decide whether or not
to operate these procedures for inadmissible and manifestly
unfounded cases, but if they do, they should abide by the
common standards laid down in this Directive as regards the
definition of these cases and the other requirements to apply
the procedures, including time-limits for the decision-making
process.

Deleted

(1) OJ C 62 E, 27.2.2001, p. 231.