European Parliament legislative resolution on the initiative by the Kingdom of Sweden with a view to the adoption of a Council Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union, in particular as regards serious offences, including terrorist acts (10215/2004 - C6-0153/2004 - 2004/0812(CNS))
Date: 2005-06-07
Institutions: European Parliament
Subjects: EU police cooperation, data protection, exchange of information, fight against crime, judicial cooperation in criminal matters in the EU, public safety

25.5.2006

EN

Official Journal of the European Union

C 124 E/215

Tuesday 7 June 2005

P6_TA(2005)0216

Exchange of information and intelligence (serious offences, including terrorism) *

European Parliament legislative resolution on the initiative by the Kingdom of Sweden with a
view to the adoption of a Council Framework Decision on simplifying the exchange of informa-
tion and intelligence between law enforcement authorities of the Member States of the European
including terrorist acts (10215/2004 —
Union,

in particular as regards serious offences,

C6-0153/2004 — 2004/0812(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative by the Kingdom of Sweden (10215/2004) (1),

— having regard to Article 34(2)(b) 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 (C6-0153/2004),

— 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

(A6-0162/2005),

1.

2.

3.

Approves the initiative by the Kingdom of Sweden as amended;

Calls on the Council to alter the text accordingly;

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 the initiative by the Kingdom of

4.
Sweden substantially;

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

5.
the Kingdom of Sweden.

TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 24

Recital 1

(1) One of the Union's core objectives is to provide its citi-
zens with a high level of security within an area of freedom,
security and justice.

(1) One of the Union's core objectives is to provide its citi-
zens with a high level of security within an area of freedom,
security and justice whilst respecting their integrity.

Amendment 1

Recital 6

(6) Currently, effective and expeditious exchange of informa-
tion and intelligence between law enforcement authorities is
seriously hampered by formal procedures, administrative
structures and legal obstacles laid down in Member States'
legislation; such a state of affairs is unacceptable to the citi-
zens of the European Union which call for greater security
and more efficient law enforcement while protecting human
rights.

(6) Currently, effective and expeditious exchange of informa-
tion and intelligence between law enforcement authorities is
seriously hampered by formal procedures, administrative
structures and legal obstacles laid down in Member States'
legislation; such a state of affairs must be weighed against the
need for greater security and more efficient law enforcement
while protecting human rights, with particular regard to
Article 8 of the European Convention on Human Rights and
Articles 7 and 8 of the Charter of Fundamental Rights.

(1) OJ C 281, 18.11.2004, p. 5.

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Official Journal of the European Union

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TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 2

Recital 8 a (new)

(8a)
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 and intelli-
gence, 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 prac-
tices that sets out in a simple and practical manner their
data protection responsibilities and duties;

— establishing minimum standards for criminal and proce-

dural law;

— giving the Court of Justice general jurisdiction in the

third pillar;

— ensuring full parliamentary scrutiny.

Amendment 3

Recital 9 a (new)

(9a) This Framework 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 Parlia-
ment and of the Council of 24 October 1995 on the protec-
tion 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
taking that specific role into
independently and which,
account, should advise the European institutions and contri-
bute,
the
national rules adopted pursuant to this Framework Decision.

to the uniform application of

in particular,

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

Amendment 4

Recital 12

(12) The personal data processed in the context of the imple-
mentation of this Framework Decision will be protected in
accordance with the principles of the Council of Europe
Convention of 28 January 1981 for the protection of indivi-
duals with regards to the automatic processing of personal
data.

(12) The personal data processed in the context of the imple-
mentation of this Framework Decision will be protected in
accordance with the European Union's common standards of
personal data protection, under the supervision of the joint
personal data protection supervisory authority in the area of
police and judicial cooperation in criminal matters.

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TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 5

Article 1, paragraph 1

The purpose of this Framework Decision is to establish the
rules under which Member States' law enforcement authorities
effectively and expeditiously can exchange existing informa-
tion and intelligence for the purpose of conducting crime
investigations or crime intelligence operations and in particu-
lar as regards serious offences, including terrorist acts. It shall
not affect more favourable provisions in national law, bilateral
or multilateral agreements or arrangements between the
Member States or between Member States and third countries
and shall be without prejudice to instruments of the European
Union on mutual
legal assistance or mutual recognition of
decisions regarding criminal matters.

1.
The purpose of this Framework Decision is to establish
the rules under which Member States' law enforcement autho-
rities effectively and expeditiously can exchange existing infor-
mation and intelligence for the purpose of conducting crime
investigations or crime intelligence operations and in particu-
lar as regards serious offences, including terrorist acts. It shall
not affect more favourable provisions in national law, bilateral
or multilateral agreements or arrangements between the
Member States or between Member States and third countries
and shall be without prejudice to instruments of the European
Union on mutual
legal assistance or mutual recognition of
decisions regarding criminal matters and to the provisions
and instruments relating to the provision of information
and intelligence to Europol and Eurojust.

Amendment 6

Article 3

Exchange of information and intelligence under this Frame-
work Decision may take place concerning offences punishable
by the law of the requesting Member State by a custodial
sentence or a detention order for a maximum period of at
least 12 months. Member States may agree on a bilateral basis
to make the procedures applicable under this Framework
Decision applicable on a broader basis.

Exchange of information and intelligence under this Frame-
work Decision may take place concerning offences punishable
by the law of the requesting Member State by a custodial
sentence or a detention order for a maximum period of at
least 12 months and concerning all the offences referred to
in Articles 1 to 3 of Council Framework Decision
2002/475/JHA of 13 June 2002 on combating terrorism (1).
Member States may agree on a bilateral basis to make the
procedures applicable under this Framework Decision applic-
able on a broader basis.

(1) OJ L 164, 22.6.2002, p. 3.

Amendment 7

Article 4, paragraph 2

2. Member States shall ensure that conditions not stricter
for providing and
than those applicable at national
level
are applied for
requesting information and intelligence
providing information and intelligence to competent
law
enforcement authorities of other Member States.

shall ensure that conditions

2. Member States
corre-
sponding to those applicable at national level for providing
and requesting information and intelligence are applied for
providing information and intelligence to competent
law
enforcement authorities of other Member States.

Amendment 8

Article 4, paragraph 3 a (new)

3a. Member States shall ensure that the information or
intelligence provided to the competent
law enforcement
authorities of the other Member States pursuant to para-
graph 1 is also provided to Europol and Eurojust if the
exchange relates to an offence or criminal activity falling
within the remit of Europol or Eurojust.

C 124 E/218

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Official Journal of the European Union

25.5.2006

Tuesday 7 June 2005

TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 9

Article 4 a, paragraph 1

1.
Information and intelligence shall be provided without
delay and to the furthest possible extent within the time-
frame requested. If information or intelligence cannot be
provided within the requested timeframe, the competent law
enforcement authority having received a request for infor-
mation or intelligence shall indicate the timeframe within
which it can be provided. Such an indication shall be made
immediately.

1.
Each Member State shall ensure that any relevant
information or intelligence is immediately provided to the
competent law enforcement authorities of the other Member
States which request it.

Amendment 10

Article 4 a, paragraph 1 a (new)

the

If information or intelligence cannot be provided
1a.
immediately,
law enforcement authority
having received a request for information or intelligence
shall indicate immediately the timeframe within which it
can be provided.

competent

Amendment 11

Article 4 a, paragraph 2, introductory part

2. Member States shall ensure that they have procedures in
place so that they may respond within at most 12 hours to
requests for information and intelligence where the requesting
State indicates that it is carrying out a crime investigation or a
criminal
the following
offences, as defined by the law of the requesting State:

intelligence operation as

regards

2. Member States shall ensure that they have procedures in
place so that they may respond within at most 12 hours, or,
in the case of information or intelligence which requires
formalities or prior contacts with other authorities, 48 hours
if the matter is urgent and otherwise 10 working days, to
requests for information and intelligence where the requesting
State indicates that it is carrying out a crime investigation or a
the following
criminal
offences, as defined by the law of the requesting State:

intelligence operation as

regards

Amendment 12

Article 4 a, paragraph 2 a (new)

2a.
The time-limits laid down in paragraph 2 shall run
from the time when the requested competent law enforce-
ment authority receives the request for information or intel-
ligence.

Amendment 13

Article 5, paragraph 1

Information and intelligence may be requested for the
1.
investigation of an
purpose of detection, prevention or
offence or a criminal activity involving the offences referred to
in Article 3 where there are reasons to believe that relevant
information and intelligence is available in another Member
States.

Information and intelligence may be requested for the
1.
investigation of an
purpose of detection, prevention or
offence or a criminal activity involving the offences referred to
in Article 3 where there are reasons to believe that relevant
information and intelligence is available in another Member
State, and access to them is in accordance with the propor-
tionality principle according to data protection experts
within the European Union.

25.5.2006

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Tuesday 7 June 2005

TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 14

Article 5, paragraph 3 a (new)

The State providing the information shall have the
3a.
right, on certain grounds relating to human rights or
national law, to refuse to provide information in the light of
Article 8 of the European Convention on Human Rights and
Articles 7 and 8 of the Charter of Fundamental Rights, and
where justified in terms of respect for the integrity of
natural persons or the protection of business secrets.

Amendment 15

Article 9, paragraph 1

Each Member State shall ensure that the established rules
1.
and standards on data protection provided for when using the
communication channels
referred to in Article 7(1) are
applied also within the procedure on exchange of information
and intelligence provided for by this Framework Decision.

Each Member State, in compliance with the principles
1.
set out in Articles 9a and 9b, shall ensure that the established
rules and standards on data protection provided for when
using the communication channels referred to in Article 7(1)
are applied also within the procedure on exchange of informa-
tion and intelligence provided for by this Framework Deci-
sion.

Amendment 16

Article 9, paragraphs 2, 3 and 4

deleted

Each Member State shall ensure that where a commu-
2.
nication channel referred to in Article 7(2) is used, the
equivalent standards of data protection as referred to in
paragraph 1, are applied within the simplified procedure for
exchange of information and intelligence provided for by
this Framework Decision.

3.
Information and intelligence, including personal data,
provided under this Framework Decision may be used by the
competent law enforcement authorities of the Member State
to which it has been provided for the purpose of:

a) proceedings to which this Framework Decision applies;

b) other law enforcement proceedings directly related to the

one referred to under a);

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Tuesday 7 June 2005

TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

c)

d)

for preventing an immediate and serious threat
public security;

to

for any other purpose including prosecution or adminis-
trative proceedings only with the explicit prior consent
of the competent
law enforcement authority having
provided the information or intelligence.

4. When providing information and intelligence
in
accordance with this Framework Decision, the providing
competent law enforcement authority may pursuant to its
national law impose conditions on the use of information
and intelligence by the receiving competent law enforcement
authority. Conditions may also be imposed on reporting the
result of the criminal investigation or criminal intelligence
operation within which the exchange of information and
intelligence has taken place. The receiving competent law
enforcement authority shall be bound by such conditions.

Amendment 17

Article 9, paragraph 2 a (new)

2a.
Information and intelligence provided in accordance
with this Framework Decision may not be used to prosecute
any offence other than that for which it was obtained.
Surplus information may not be used at all for prosecution.

Amendment 18

Article 9 a (new)

Article 9a

Principles governing the collection and processing of data

1.
Information and intelligence, including personal data,
exchanged or provided pursuant to this Framework Decision
must:

(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.

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

Information sources shall be protected.

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Official Journal of the European Union

C 124 E/221

Tuesday 7 June 2005

TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 19

Article 9 b (new)

Article 9b

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 20

Article 9 c (new)

Article 9c

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.

The authority shall be made up of a representative of
2.
the supervisory authority or authorities designated by each
Member State, a representative of the authority or authori-
ties set up for 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 he 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.

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Tuesday 7 June 2005

TEXT PROPOSED
BY THE KINGDOM OF SWEDEN

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 21

Article 9 d (new)

Article 9d

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
Framework Decision;

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

for additional or

to advise on any proposed change to this Framework
Decision, any proposal
specific
measures to safeguard the rights and freedoms of
natural persons with regard to the processing of
personal data, and any other proposal for European
legislation with implications for these rights and free-
doms;

(d)

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

If the authority ascertains the existence of disparities
2.
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.

Amendment 22

Article 11, point (c)

(c)

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

(c)

in case the requested information and intelligence is
disproportionate or irrelevant with regard to the purposes
for which it has been requested.

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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.