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))
Date: 2006-06-01
Institutions: Committee on Legal Affairs, European Parliament
Subjects: child, child pornography, child protection, fight against crime, judicial cooperation in criminal matters in the EU, mutual recognition principle, paedophilia, sexual violence

C 298 E/220

Thursday 1 June 2006

Official Journal of the European Union

EN

8.12.2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

may be replaced by a joint and several guarantee by a
third party or by the irrevocable and unconditional joint
guarantee of
the beneficiaries of an action who are
parties to the same grant agreement, after acceptance by
the authorising officer responsible.

The guarantee shall be denominated in euro. It shall have
the effect of making the bank or financial institution,
third party or the other beneficiaries stand as irrevocable
collateral security, or first-call guarantor of the grant
beneficiary's obligations.

Other means to secure the debt may, depending on a risk
analysis conducted by the authorising officer, include (but
are not restricted to) periodical payments, mortgages, land
charges or charges on tangible and intangible property
and pledges.

The guarantee or other security shall be released as
4.
interim
the pre-financing is gradually cleared against
payments or payments of balances to the beneficiary in
accordance with the conditions laid down in the grant
agreement. In the cases referred to in the second subpara-
graph of paragraph 1, it shall be released only upon pay-
ment of the balance.

5.
The authorising officer responsible may, on the
basis of an analysis of risks, waive the obligation laid
down in paragraph 2 for public-sector bodies and the
international organisations referred to in Article 43(1)
and (2)(a), (b) and (c). The authorising officer responsible
may also exempt from that obligation beneficiaries who
have
concluded a framework partnership agreement
under Article 163.

6. Where the grant does not exceed EUR 10 000, the
authorising officer shall require the lodging of a guaran-
tee only in duly substantiated cases.

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,

(1) Not yet published in OJ.

8.12.2006

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— 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.

2.

3.

Approves the initiative by the Kingdom of Belgium as amended;

Calls on the Council to amend the text accordingly;

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

Calls on the Council to consult Parliament again if it intends to amend the initiative by the Kingdom

4.
of Belgium substantially;

Calls for a parallel provision to be enacted on the basis of Article 65(a) of the EC Treaty given the clear

5.
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

Having regard to the Treaty on European Union, and in particu-
lar Article 31(a) and Article 34(2)(b) thereof,

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

Amendment 1
Citation 1

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 par-
ticular 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 appli-
cable 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 convic-
tion 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 sex-
ual exploitation of children and child pornography, and in par-
ticular combating risks of recidivism in this context, should be a
priority for the Union. In this particular area Council Frame-
work Decision 2004/68/JHA of 22 December 2003 on combat-
ing 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 pro-
vided 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 por-
nography.

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Thursday 1 June 2006

Official Journal of the European Union

EN

8.12.2006

TEXT PROPOSED BY
THE KINGDOM OF BELGIUM

AMENDMENTS
BY PARLIAMENT

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 Frame-
work 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 Frame-
work 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 institu-
tion that supervises or works with children, arising from a
conviction for an offence under Article 1(1);

(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 4
Article 2, point (d)

Amendment 5
Article 3, paragraph −1 (new)

−1. Where the applicable international
instruments on
mutual legal assistance in criminal matters so allow, prohibi-
tions 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

issuing State passes on criminal

1. When the
record
information to another Member State under the applicable
legal assistance in criminal
international
matters,
it shall mention the prohibition in the excerpt from
the criminal record.

rules on mutual

issuing State passes on criminal

record
1. When the
the applicable
information to another Member State under
legal assistance in criminal
rules on mutual
international
matters, and in accordance with Council Decision 2005/876/
JHA of 21 November 2005 on the exchange of information
extracted from the criminal record (1), it shall mention the pro-
hibition among the information provided for in the excerpt
from the criminal record.

(1) OJ L 322, 9.12.2005, p. 33.

Amendment 8
Article 5

Where application is made in the framework of this Framework
Decision for the criminal records of a Member State, in accord-
ance 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 accord-
ance 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.

8.12.2006

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Official Journal of the European Union

C 298 E/223

Thursday 1 June 2006

TEXT PROPOSED BY
THE KINGDOM OF BELGIUM

AMENDMENTS
BY PARLIAMENT

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 obtain-
ing 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

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

require any formalities other

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

P6_TA(2006)0237

Crisis in the Palestinian territories

European Parliament resolution on the humanitarian crisis in the Palestinian territories and the role
of the EU

The European Parliament,
— having regard to its previous resolutions on the situation in the Middle East, in particular those of
23 October 2003 on peace and dignity in the Middle East (1), 27 January 2005 on the situation in
the Middle East (2) and 2 February 2006 on the result of the Palestinian elections and the situation in
East Jerusalem (3),

(1) OJ C 82 E, 1.4.2004, p. 610.
(2) OJ C 253 E, 13.10.2005, p. 35.
(3) Texts Adopted, P6_TA(2006)0041.