European Parliament legislative resolution on the proposal for a Council decision on the exchange of information and cooperation concerning terrorist offences (15599/2004 - C6-0007/2004 - 2004/0069(CNS))
Date: 2005-06-07
Institutions: European Parliament
Subjects: EU police cooperation, exchange of information, fight against crime, judicial cooperation in criminal matters in the EU, terrorism

25.5.2006

EN

Official Journal of the European Union

C 124 E/223

Tuesday 7 June 2005

TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 25

Article 11, paragraph 1a (new)

A competent law enforcement authority may also refuse to
provide information where it has reason to believe that the
state requesting the information might use that information
for the prosecution of offences other than that stated in the
request. The information received may only be used for the
prosecution of the crime for which it is requested.

Amendment 23

Article 11 a (new)

Article 11a

Competence of the Court of Justice

Each Member State shall accept the jurisdiction of the Court
of Justice of the European Communities to give preliminary
rulings on the validity and interpretation of this Framework
Decision in accordance with Article 35(2) of the Treaty on
European Union.

P6_TA(2005)0217

Information exchange and cooperation on terrorist offences *

European Parliament legislative resolution on the proposal for a Council decision on the exchange
of information and cooperation concerning terrorist offences (15599/2004 — C6-0007/2004 —
2004/0069(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Council text (15599/2004),

— having regard to the Commission proposal to the Council (COM(2004)0221) (1),

— having regard to Article 34(2)(c) of the Treaty on European Union,

— having regard to Article 39(1) of the Treaty on European Union, pursuant to which the Council

consulted Parliament (C6-0007/2004),

— having regard to Rules 93 and 51 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the
opinions of the Committee on Foreign Affairs and the Committee on Legal Affairs (A6-0160/2005),

1.

Approves the Council text as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend substantially the text submitted

4.
for consultation;

(1) Not yet published in OJ.

C 124 E/224

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Official Journal of the European Union

25.5.2006

Tuesday 7 June 2005

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 3 a (new)

(3a)
It is necessary to establish a high degree of confidence
between law enforcement authorities of the Member States
and with Europol and Eurojust, a lack of which has so far
hindered an efficient exchange of information, inter alia by:
— establishing common standards for data protection in
the third pillar under the authority of an independent
joint supervisory body;

— providing police forces with a handbook of good
practices that sets out in a simple and practical manner
their data protection responsibilities and duties;

— establishing minimum standards

for

criminal and

procedural law;

— giving the Court of Justice general jurisdiction in the

third pillar;

— ensuring full parliamentary scrutiny.

Amendment 2

Recital 5

(5) The objectives of the proposed action cannot be satisfac-
torily attained by the Member States acting alone and can
therefore, given the need for reciprocity, be better attained by
the Union, which may accordingly act in accordance with the
subsidiarity principle.
In accordance with the principle of
proportionality, this Framework Decision does not go beyond
what is necessary to attain those objectives.

(5) The objectives of the proposed action cannot be satisfac-
torily attained by the Member States acting alone and can
therefore, given the need for reciprocity, be better attained by
closer cooperation between Member States and by the Union,
which may accordingly act in accordance with the subsidiarity
principle. In accordance with the principle of proportionality,
this Framework Decision does not go beyond what is neces-
sary to attain those objectives.

Amendment 3

Recital 5 b (new)

(5b) This Decision applies mutatis mutandis the same level
of data protection as provided for under the first pillar by
Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the
free movement of such data (1) and sets up a joint personal
data protection supervisory authority under the third pillar
which should carry out its tasks completely independently
and which, taking that specific role into account, should
advise the European institutions and contribute, in particu-
lar, to the uniform application of the national rules adopted
pursuant to this Decision.

(1) OJ L 281, 23.11.1995, p. 31.

25.5.2006

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Official Journal of the European Union

C 124 E/225

Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 4

Recital 5 c (new)

(5c) Member States are determined to take further steps
towards the rapid ratification of all international conven-
tions and protocols relevant to the fight against terrorism,
including the protocols amending the Europol Convention,
and are committed to further promote the process of
universal ratification by third countries of the relevant inter-
national instruments related to the fight against terrorism
and the provision by those countries of aid and technical
assistance in their implementation.

Amendment 5

Article 1 a, heading (new)

Article 1a

Exchange of
information concerning terrorist offences
between police services or other law enforcement authorities

Amendment 6

Article 1 a, paragraph 1 (new)

1.
Each Member State shall ensure that any relevant
information held by its police services or other law enforce-
ment authorities in connection with terrorist offences or
which is accessible to them without the use of coercive
means can be provided to the police services or other compe-
tent law enforcement authorities of other Member States in
accordance with this Decision.

Amendment 7

Article 1 a, paragraph 2 (new)

Each Member State shall ensure that conditions not
2.
stricter than those applicable at national level for providing
and requesting information are applied for providing infor-
mation to the police services or other competent law enforce-
ment authorities of other Member States.

Amendment 8

Article 1 a, paragraph 3 (new)

3.
The information shall be provided on request by a
police service or other competent law enforcement authority,
in accordance with national law, within the framework of
an investigation into terrorist offences.

C 124 E/226

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Official Journal of the European Union

25.5.2006

Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 9

Article 2, heading

Exchanges of information concerning terrorist offences

Provision of
Europol and Eurojust

information concerning terrorist offences to

Amendment 12

Article 2, paragraph 4, point (da) (new)

specific

(da) information about convictions for terrorist offences
surrounding those
circumstances
and the
offences; if convictions at first instance are overturned
on appeal, the requested Member State shall provide
the modified information to the requesting Member
State without delay;

Amendment 13

Article 2, paragraph 4, point (db) (new)

(db) the sentences handed down and relevant information

about their execution;

Amendment 14

Article 2, paragraph 4, point (dc) (new)

(dc) disqualifications incurred as a result of the conviction;

Amendment 15

Article 2, paragraph 4, point (dd) (new)

(dd) previous criminal record;

Amendment 16

Article 2, paragraph 4 a, point (c)

(c)

information about final convictions for terrorist offences
and the specific circumstances surrounding these offences;

(c)

information about convictions for terrorist offences and
the specific circumstances surrounding these offences; if
convictions at first instance are overturned on appeal,
the requested Member State shall provide the modified
information to the requesting Member State without
delay;

Amendment 17

Article 2, paragraph 4 a, point (ca) (new)

(ca) the sentences handed down and relevant information

about their execution;

Amendment 18

Article 2, paragraph 4 a, point (cb) (new)

(cb) disqualifications incurred as a result of the conviction;

25.5.2006

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Official Journal of the European Union

C 124 E/227

Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 19

Article 2, paragraph 4 a, point (cc) (new)

(cc) previous criminal record;

Amendment 20

Article 2 a (new)

Article 2a

Review and deletion of information concerning terrorist
offences

1.
Europol and Eurojust shall carry out a review every
three years to determine whether the information provided
pursuant to Article 2 is up to date.

2.
Europol and Eurojust shall delete information provided
pursuant to Article 2 after three years, provided that the
information in question does not relate to ongoing investiga-
tions.

3.
In exceptional cases, the time-limit laid down in para-
graph 2 may be extended. Europol and Eurojust shall ensure
that
they have established an appropriate procedure to
consider such exceptional cases.

Amendment 21

Article 3 a (new)

Article 3a

Competence of the Court of Justice

Each Member State shall accept the jurisdiction of the Court
of Justice of the European Communities to give preliminary
rulings on the validity and interpretation of this Decision in
accordance with Article 35(2) of the Treaty on European
Union.

Amendment 22

Article 4

Each Member State shall
take the necessary measures to
ensure that requests from other Member States for mutual
legal assistance and recognition and enforcement of judge-
ments in connection with terrorist offences are dealt with as
a matter of urgency and shall be given priority.

Each Member State shall
take the necessary measures to
ensure that any relevant information contained in a docu-
ment, file, item of information, object or any other item of
evidence which has been seized or confiscated during crim-
inal
investigations or criminal proceedings in connection
with terrorist offences is made immediately accessible or
immediately forwarded to the authorities of other Member
States concerned, in accordance with national law and the
relevant international legal instruments, if the information
in question is regarded as essential to the opening of an
investigation in those Member States or if investigations or
prosecutions in connection with terrorist offences are in
progress in those countries.

(Article 2(5) hereby falls)

C 124 E/228

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Official Journal of the European Union

25.5.2006

Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 23

Article 4, paragraph 1 a (new)

If information cannot be provided immediately, the compe-
indicate immediately the timeframe
tent authority shall
within which it can be provided, which must not exceed 12
hours or, in the case of information which requires formal-
ities or prior contacts with other authorities, 48 hours if the
matter is urgent and otherwise 10 working days.

Amendment 24

Article 4, paragraph 1 b (new)

The time-limits laid down in paragraph 1a shall run from
the time when the competent authority of the requested
Member State receives the request for information.

Amendment 25

Article 4 a (new)

Article 4 a

Spontaneous exchange of information

Without prejudice to the application of Articles 2 and 3, the
police services or other competent law enforcement authori-
ties shall, without being so requested, provide information to
the police services or other competent
law enforcement
authorities of other Member States concerned if there are
serious factual reasons to believe that the information in
question could assist in the prevention,
investigation or
detection of offences or criminal activities which are linked
to a terrorist offence.

The provision of information pursuant to paragraph 1 shall
be limited to what is deemed relevant and necessary for the
successful prevention,
the
offence or criminal activity in question.

investigation or detection of

The police services or other competent law enforcement
authorities in question shall be informed of the clearly
substantiated serious factual reasons for initiating the spon-
taneous exchange of information pursuant to paragraph 1.

25.5.2006

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Official Journal of the European Union

C 124 E/229

Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 26

Article 4 b (new)

Article 4b

Withholding of information

The police services or the competent law enforcement autho-
rities may refuse to provide information only if they show
that there are serious factual reasons to assume that:

(a)

(b)

(c)

the provision of the information would harm essential
national security interests of the requested Member
State;

the provision of the information might jeopardise the
success of a current investigation;

the requested information is clearly disproportionate or
irrelevant with regard to the purposes for which it has
been requested.

Amendment 27

Article 4 c (new)

Article 4c

Principles governing the collection and processing of data

Information,

1.
provided pursuant to this Decision must:

including personal data, exchanged or

(a) be accurate, appropriate and relevant to the purposes
for which it is collected and subsequently processed;

(b) be collected and processed for the exclusive purpose of

carrying out legal tasks.

Data relating to aspects of private life and data relating to
individuals not under suspicion may only be collected in
cases of absolute necessity and subject to compliance with
strict conditions.

The integrity and confidentiality of data provided
2.
pursuant to this Decision shall be guaranteed at all stages
of their exchange and processing.

Information sources shall be protected.

C 124 E/230

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Official Journal of the European Union

25.5.2006

Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 28

Article 4 d (new)

Article 4d

Right of access to data of the person concerned

The person concerned by the data collected must:

(a) be informed of the existence of the data relating to
them, except where there is a major obstacle thereto;

(b) have a cost-free right of access to the data concerning
them and the right to rectify inaccurate data, except
where such access is likely to be prejudicial to public
security or public order or to the rights and freedoms of
third parties, or to hamper inquiries that are under
way;

(c) where there is misuse of the data having regard to this
Article, have a right to object cost-free with a view to
redressing the legal situation and, where applicable, to
obtaining compensation if the principles set out in this
Article have not been adhered to.

Amendment 29

Article 4 e (new)

Article 4e

Joint personal data protection supervisory authority

A joint personal data protection supervisory authority

1.
shall be set up, hereinafter referred to as the ‘authority’.

The authority shall be advisory in nature and independent.

2.
The authority shall be made up of a representative of
the supervisory authority or authorities designated by each
Member State, a representative of the authority or authori-
ties set up by the institutions, the European Data Protection
Supervisor and the Community bodies and a representative
of the Commission.

Each member of the authority shall be designated by the
institution, authority or authorities her or she represents.
Where a Member State has designated more than one super-
visory authority, the latter shall appoint a joint representa-
tive. The same procedure shall apply for the authorities set
up for the Community institutions and bodies.

3.
The authority shall reach its decisions by a simple
majority of the representatives of the supervisory authori-
ties.

4.
The authority shall elect its chairman. The chairman's
term of office shall be two years. This term of office shall be
renewable.

25.5.2006

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Official Journal of the European Union

C 124 E/231

Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

5.
The authority shall be assisted by the Secretariat for
the joint supervisory data-protection bodies set up by
Council Decision 2000/641/JHA of 17 October 2000 (1).

The Secretariat shall be transferred to the Commission as
soon as possible.

(1) OJ L 271, 24.10.2000, p. 1.

Amendment 30

Article 4 f (new)

Article 4d

Remit of the joint personal data protection supervisory
authority

1.

(a)

(b)

(c)

The remit of the authority shall be:

to examine any matter relating to the implementation
of the national provisions adopted in application of this
Decision;

to deliver to the Commission an opinion on the level of
protection in the European Union;

to advise on any proposed change to this Decision, any
proposal for additional or specific measures to safe-
guard the rights and freedoms of natural persons with
regard to the processing of personal data, and any
other proposal for European legislation with implica-
tions for these rights and freedoms;

(d)

to deliver an opinion on codes of conduct drawn up at
European level.

2.
If the authority ascertains the existence of disparities
between the laws and practices of the Member States likely
to prejudice the equivalence of protection of persons in
respect of personal data processing in the European Union,
it shall inform the Commission.

3.
The authority may issue recommendations on its own
initiative on any matter relating to protection of persons in
respect of the processing of personal data under the third
pillar.

The opinions and recommendations of the authority

4.
shall be forwarded to the Commission.

5.
In connection with the performance of its tasks, the
authority shall have a power of investigation and an effec-
tive power of intervention which enable it, where appro-
priate, to take any measure required to correct, to tempora-
rily or definitively ban the processing of or to delete any
item of information collected if the manner in which that
item was collected constitutes a breach of Articles 9a and
9b.

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Tuesday 7 June 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

6.
Any person may submit to the authority a request
concerning the protection of his or her rights and freedoms
as regards the processing of personal data.

The person concerned shall be informed of the action taken
on his or her request.

The Commission shall

7.
inform the authority of the
action it has taken on its opinions and recommendations.
With that aim in view, it shall draw up a report which shall
also be forwarded to the European Parliament and to the
Council. The report shall be published.

8.
The authority shall draw up an annual report on the
state of protection of natural persons as regards the proces-
sing of personal data under the third pillar and shall
forward that report to the European Parliament, to the
Council and to the Commission. The report
shall be
published.

Amendment 31

Article 4g (new)

Article 4g

Reports by Europol and Eurojust

Europol and Eurojust shall submit an annual report to the
European Parliament and the Council.

P6_TA(2005)0218

Protection of the Communities' financial interests and the fight against fraud

European Parliament resolution on the protection of the financial interests of the Communities
and the fight against fraud (2004/2198(INI))

The European Parliament,

— having regard to its resolutions on previous annual reports of the Commission and of the European

Anti-Fraud Office (OLAF),

— having regard to the Commission's annual report on the protection of the financial interests of the
including the annexes (SEC(2004)1058,

fraud (COM(2004)0573),

Communities and fight against
SEC(2004)1059),

— having regard to the communication from the Commission entitled ‘Protecting the Communities' finan-

cial interests, Fight against Fraud, Action Plan for 2004-2005’ (COM(2004)0544),

— having regard to the activity report of OLAF for the year ending June 2004 (1),

— having regard to the activity report of the OLAF Supervisory Committee for the period between June

2003 and July 2004 (2),

(1) http://europa.eu.int/comm/anti_fraud/reports/olaf/2003-2004/en2.pdf
(2) The document was forwarded to the committee secretariat in electronic form in January 2005 and can be down-

loaded in French from the OLAF website.