European Parliament legislative resolution on the initiative by the Republic of Austria, the Republic of Finland and the Kingdom of Sweden for adoption of a Council framework decision on the European enforcement order and the transfer of sentenced persons between Member States of the European Union (7307/2005 - C6-0139/2005 - 2005/0805(CNS))
Date: 2006-06-14
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: framework decision, judicial cooperation in criminal matters in the EU, transfer of prisoners

9.12.2006

EN

Official Journal of the European Union

C 300 E/201

TEXTS ADOPTED

Wednesday 14 June 2006

P6_TA(2006)0256

European enforcement order *

European Parliament legislative resolution on the initiative by the Republic of Austria, the Republic
of Finland and the Kingdom of Sweden for adoption of a Council framework decision on the
European enforcement order and the transfer of sentenced persons between Member States of the
European Union (7307/2005 — C6-0139/2005 — 2005/0805(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative by the Republic of Austria, the Republic of Finland and the Kingdom of

Sweden (7307/2005) (1),

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

— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0139/2005),

— 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

(A6-0187/2006),

Approves the initiative by the Republic of Austria, the Republic of Finland and the Kingdom of

1.
Sweden as amended;

2.

3.

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 Republic of

4.
Austria, the Republic of Finland and the Kingdom of Sweden substantially;

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

5.
the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Amendment 1
Title

Council Framework Decision on the European enforcement
order and the transfer of sentenced persons between Member
States

Council Framework Decision on the application of the prin-
ciple of mutual recognition of judgments in criminal matters
imposing custodial sentences or measures involving depri-
vation of liberty for the purpose of their enforcement in the
European Union

(1) OJ C 150, 21.6.2005, p. 1.

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Amendment 2

Recital 5

(5) Relations between the Member States, which are characte-
rised by special mutual confidence in other Member States' legal
systems, should go further than the existing Council of Europe
instruments on transfer for enforcement purposes. It should be
established that there is a basic duty on the executing State to
take charge of those of its nationals and those persons perma-
nently legally resident in its territory who have been given a
final custodial sentence or a detention order in another
Member State, irrespective of their consent, unless there are
specific reasons for refusal.

(5) Relations between the Member States, which are characte-
rised by special mutual confidence in other Member States' legal
systems, should go further than the existing Council of Europe
instruments on transfer for enforcement purposes and enable
the executing State to recognise decisions taken by the issuing
State's authorities. Notwithstanding the need to provide the
sentenced person with adequate safeguards, his or her involve-
ment in the proceedings, in the form of the requirement that
his or her consent be given to the forwarding of a judgment to
another Member State for the purpose of its recognition and
enforcement of the sentence imposed, should no longer be an
overriding factor.

Amendment 3

Recital 5a (new)

(5a)
It is necessary to strengthen mutual trust in the Euro-
pean area of freedom, security and justice in criminal matters
by means of measures at European level designed to ensure
greater harmonisation and mutual recognition of judicial deci-
sions in penal matters and by envisaging some European
penal laws and practices.

Amendment 4

Recital 6

(6) The transfer of sentenced persons to the State of national-
ity, the State of legal residence or the State with which the
persons have other close links to serve their sentence helps
with their social rehabilitation.

(6) The transfer of sentenced persons to the State of national-
ity or the State of permanent legal residence to serve their sen-
tence will facilitate their social rehabilitation.

Amendment 5

Recital 7

(7) This Framework Decision is intended to respect fundamen-
tal rights and to observe the principles recognised by Article 6
of
the Treaty and reflected by the Charter of Fundamental
Rights of the European Union, in particular Chapter VI thereof.
Nothing in this Framework Decision should be interpreted as
prohibiting refusal to execute a decision when there are objec-
tive reasons to believe that the sentence was imposed for the
purpose of punishing a person on the grounds of his or her
sex, race, religion, ethnic origin, nationality, language, political
opinions or sexual orientation, or that that person's position
may be prejudiced on anyone of those grounds.

(7) This Framework Decision is intended to respect fundamen-
tal rights and to observe the principles recognised by Article 6
of
the Treaty and reflected by the Charter of Fundamental
Rights of the European Union, in particular Chapter VI thereof.
Nothing in this Framework Decision should be interpreted as
prohibiting refusal to execute a decision when there are objec-
tive reasons to believe that the sentence was imposed for the
purpose of punishing a person on the grounds of his or her
sex, race, religion, ethnic origin, nationality, language, political
opinions or sexual orientation, or that that person's position
may be prejudiced on anyone of those grounds. When this
Framework Decision is being applied, it is necessary also to
comply with the provisions relating to procedural rights in
the context of criminal proceedings as laid down in the rel-
evant Council framework decision.

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Wednesday 14 June 2006

Amendment 6

Article 1, point (a)

(a)

‘European enforcement order’ shall mean a decision
delivered by a competent authority of the issuing State
for the purpose of enforcing a final sentence imposed on
a natural person by a court of that State;

(a)

‘judgment’ shall mean a final decision or order of a court
of the issuing State imposing a sentence on a natural
person;

(This amendment necessitates corresponding changes throughout.)

Amendment 7

Article 1, point (b)

(b)

‘sentence’ shall mean any custodial sentence or detention
order for a limited or unlimited period of time imposed
by a court on the basis of criminal proceedings on
account of a criminal offence;

(b)

shall mean any custodial

‘sentence’
sentence or any
measure involving deprivation of liberty imposed for a
limited or unlimited period on account of a criminal
offence and on the basis of criminal proceedings;

Amendment 8

Article 1, point (c)

(c)

‘issuing State’ shall mean the Member State in which a
European enforcement order was delivered;

(c)

‘issuing State’ shall mean the Member State in which a
judgment within the meaning of this Framework Decision
was delivered;

Amendment 9

Article 1, point (d)

(d)

‘executing State’ shall mean the Member State to which a
European enforcement order has been forwarded for the
purpose of its enforcement.

(d)

‘executing State’ shall mean the Member State to which a
judgment has been forwarded for the purpose of its recog-
nition and enforcement of the sentence imposed.

Amendment 10

Article 2, paragraph 2

Notwithstanding Article 4, each Member State may des-
2.
ignate, if it is necessary as a result of the organisation of its
internal system, one or more central authorities responsible for
the administrative transmission and reception of the European
enforcement order and to assist the competent authorities.

deleted

Amendment 11

Article 2, paragraph 3

The General Secretariat of

3.
the Council shall make the
information received available to all Member States and the
Commission.

The General Secretariat of

3.
the Council shall make the
information received available to the Member States concerned.

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Amendment 12
Article 3, paragraph 1

1.
The purpose of this Framework Decision is to establish
the rules under which a Member State shall recognise and
enforce on its territory a sentence imposed by a court of
another Member State in accordance with Article 1(b) irre-
spective of whether or not enforcement has already been
started.

1.
The purpose of this Framework Decision is to establish
the rules under which a Member State shall recognise a judg-
ment and enforce the sentence imposed irrespective of whether
or not enforcement has already started.

Amendment 13
Article 3, paragraph 1a (new)

This Framework Decision shall only apply to the recog-
1a.
nition of judgments and the enforcement of sentences within
the meaning of the Framework Decision. The fact that, in
addition to the sentence, a fine and/or a confiscation order
has been imposed, which has not yet been paid, recovered or
enforced, shall not prevent a judgment from being forwarded.
The recognition and enforcement of such fines and confis-
cation orders in another Member State shall be based on the
instruments applicable between the Member States, in par-
ticular Council Framework Decision 2005/214/JHA of
24 February 2005 on the application of the principle of
mutual recognition to financial penalties (1) and on Council
Framework Decision 2006/…/JHA of … on the application
of
recognition to confiscation
orders. (2)

the principle of mutual

(1) OJ L 76, 22.3.2005, p. 16.
(2) OJ L …

Amendment 14
Article 3, paragraph 3, point (a), introductory part

(a) The following Articles of this Framework Decision shall
also apply to the enforcement of sentences where, pursuant
to a requirement of Article 5(3) of Council Framework
Decision 2002/584/JHA of 13 June 2002 on the European
arrest warrant and the surrender procedures between
Member States, the person is returned to the executing
State in order to serve there the custodial sentence or
detention order passed against him or her in the issuing
State:

(a) The following Articles of this Framework Decision shall
also apply to the enforcement of sentences where, pursuant
to a requirement of Article 5(3) of Council Framework
Decision 2002/584/JHA of 13 June 2002 on the European
arrest warrant and the surrender procedures between
Member States, the person is returned to the executing
State in order to serve the sentence passed against him or
her in the issuing State:

Amendment 15
Article 3, paragraph 3, point (a), indent 3

— Article 4(3)-(6); Forwarding of the European enforcement

— Article 4(1), (3a), (4), (5) and (6); Forwarding of the judg-

order,

ment and the certificate,

Amendment 16
Article 3, paragraph 3, point (a), indent 5

— Article 8; Recognition and enforcement of a European

— Article 8; Recognition and enforcement of the judgment;

enforcement order,

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Wednesday 14 June 2006

Amendment 17
Article 3, paragraph 3, point (b), indent 2

— Article 8; Recognition and enforcement of a European

— Article 8; Recognition and enforcement of the judgment;

enforcement order,

Amendment 18
Article 3, paragraph 3, point (b), subparagraph 2

The State that issued the European arrest warrant shall supply
the executing State with the information contained in a Euro-
pean enforcement order. The competent authorities shall com-
municate directly in matters relating to this paragraph.

The State that issued the European arrest warrant shall supply
the executing State with the judgment together with a certifi-
cate as provided for in Article 4. The competent authorities
shall communicate directly in matters relating to this paragraph.

Forwarding of the European enforcement order

Forwarding of the judgment and the certificate

Amendment 19
Article 4, title

Amendment 20
Article 4, paragraph -1 (new)

A judgment, together with a certificate as provided for
-1.
in this Article, may be forwarded to one of the following
Member States:

(i)

the State of nationality of the sentenced person or the
State in which he or she has his or her permanent legal
residence;

(ii) the State of nationality of the sentenced person and to
which he or she will be deported once he or she is released
from prison as a consequence of the judgment or an
administrative decision consequential to the judgment;

(iii)

the State of nationality or permanent legal residence of
the sentenced person and which has surrendered him or
her to the issuing State on the basis of a European Arrest
Warrant subject to the condition that the person, after
being heard, is returned to the executing State in order
to serve there the sentence passed against him or her in
the issuing State;

(iv) the State in which the sentenced person is staying, or of
which he or she is a national or a permanent legal resi-
dent, and which consents to the recognition and enforce-
ment of the sentence;

(v)

the State in which the person has his or her permanent
legal residence, unless he or she has lost or will lose the
residence permit as a consequence of the judgment or an
administrative decision consequential to the judgment; or

(vi) the State which consents to the forwarding of the judg-
ment together with the certificate for the purpose of its
recognition and enforcement of the sentence imposed.

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Before forwarding the judgment, the competent authority of
the issuing State shall give specific consideration to consult-
ing, by any appropriate means, the competent authority of the
executing State. Consultation is obligatory where, in accord-
ance with the criteria laid down in paragraph 1, the judgment
could be forwarded to two or more Member States.

The executing State may, on its own initiative, request the
issuing State to forward the judgment together with the
certificate.

Amendment 21

Article 4, paragraph 1

1.
A European enforcement order in respect of a sentence
within the meaning of Article 1(b) may be forwarded to the
authorities referred to in Article 2(1) of a Member State of
which the natural person on whom the sentence has been
imposed is a national, in which that person has his or her
permanent legal residence or with which that person has
other close links.

1.
For the purpose of its recognition and enforcement of
the sentence imposed, the judgment or a certified copy of it,
together with the certificate, shall be forwarded in accordance
with indent 3 of Article 3(3)(a) by the competent authority of
the issuing State directly to the competent authority of the
executing State by any means which leaves a written record
under conditions allowing the executing State to establish its
authenticity. The original of the judgment, or a certified copy
of it, and the original of the certificate, shall be sent to the
executing State if it so requires. All official communications
shall also be made directly between the said competent auth-
orities.

Amendment 22

Article 4, paragraph 2

A European enforcement order shall not be forwarded if
2.
the person on whom the sentence has been imposed has his
permanent legal residence in the issuing State, unless the sen-
tenced person consents to the transfer or unless the decision or
an administrative decision consequential
to that decision
includes an expulsion or deportation order or any other
measure as a result of which that person will no longer be
allowed to remain in the territory of the issuing State after
serving a sentence.

deleted

Amendment 23

Article 4, paragraph 3

The fact that,

3.
in addition to the sentence within the
meaning of Article 1(b) in respect of the act forming the
basis of the European enforcement order, a fine was also
imposed which has not yet been paid by the sentenced person
shall not prevent a European enforcement order from being
forwarded. The enforcement of the fine in another Member
State shall be based on the relevant provisions in this field
applicable between the Member States.

deleted

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Official Journal of the European Union

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Wednesday 14 June 2006

Amendment 24
Article 4, paragraph 3a (new)

3a.
The certificate, the standard form for which is given in
the Annex, shall be signed, and its content certified as accu-
rate, by the competent authority in the issuing State.

Amendment 25
Article 4, paragraph 4

4.
The European enforcement order shall be forwarded
directly to the competent authority in the executing State by
the competent authority in the issuing state by any means
which leaves a written record under conditions allowing the
executing State to establish its authenticity. All official com-
munications shall also be made directly between the said com-
petent authorities.

4.
The judgment shall be forwarded directly to the com-
petent authority in the executing State by the competent auth-
ority in the issuing state by any means which leaves a written
record under conditions allowing the executing State to estab-
lish its authenticity and may include data in any form concern-
ing the prison record of the person on whom the sentence has
been imposed. All official communications shall also be made
directly between the said competent authorities.

Amendment 26
Article 4, paragraph 5

5.
The issuing State shall forward the European enforcement
order relating to a person only to one executing State at any
one time

The issuing State shall

5.
forward the judgment together
with the certificate only to one executing State at any one time.

Amendment 27
Article 4, paragraph 6

6.
If the competent authority in the executing State is not
known to the competent authority in the issuing State, the latter
including via the Contact
shall make all necessary inquiries,
points of the European Judicial Network set up by Council
Joint Action 98/428/JHA,
in order to obtain the information
from the executing State.

6.
If the competent authority in the executing State is not
known to the competent authority in the issuing State, the latter
shall make all necessary inquiries, via the Contact points of
the European Judicial Network set up by Council Joint Action
98/428/JHA,
to obtain the information from the
executing State.

in order

Amendment 28
Article 4, paragraph 7

7. When an authority in the executing State which receives
a European enforcement order has no competence to recognise
it and take the necessary measures for its enforcement,
it
shall, ex officio, forward the European enforcement order to
the competent authority and shall inform the competent auth-
ority in the issuing State accordingly.

deleted

Amendment 29
Article 5, title

Opinion and notification of the sentenced person

Opinion and notification of the sentenced person and of the
victim(s)

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Amendment 30

Article 5, paragraph 1

1. When the sentenced person is in the issuing State, he
shall, if possible, be given an opportunity to state his opinion
orally or in writing before a European enforcement order is
to Article 4(1), second sentence, his consent
issued. Subject
shall not be required for
the European
enforcement order. However, his opinion shall be taken into
consideration when deciding whether the European enforcement
order shall be issued and, if so to which executing State it shall
be forwarded.

the forwarding of

1. When the sentenced person is in the issuing State, he shall
be given an opportunity to state his opinion orally or in writing
before a European enforcement order is issued. Subject to Arti-
cle 4(1), second sentence, his consent shall not be required for
the forwarding of the European enforcement order. However,
his opinion shall be taken into consideration when deciding
whether the European enforcement order shall be issued and, if
so to which executing State it shall be forwarded.

Amendment 31

Article 5, paragraph 1a (new)

1a.
The victims of the crime shall also be informed of the
existence of an application for recognition and transfer of the
enforcement of the sentence, and of the outcome of the pro-
cedure, including the order to transfer the sentenced person
from the issuing State to the executing State.

Amendment 32

Article 5, paragraph 2

2. When the sentenced person is in the issuing State, the
competent authority of that State shall notify him of the con-
sequences of transfer to the executing State. When the sen-
tenced person is in the executing State, such notification shall
be given by the competent authority of
that State, when
required in the interests of justice.

2. When the sentenced person is in the issuing State, the
the
competent authority of
consequences of
transfer to the executing State. When the
sentenced person is in the executing State, such notification
shall be given by the competent authority of that State.

that State shall notify him of

Article 6

Form and content of the European enforcement order

Amendment 33

Article 6

deleted

The European enforcement order

1.
contain the
information mentioned in the form in the Annex. The com-
petent authority of the issuing State shall verify the accuracy
of the information and sign it.

shall

2.
The European enforcement order shall be translated into
the official language or one of the official languages of the
executing State. Any Member State may, either when this
Framework Decision is adopted or at a later date, state in a
declaration deposited with the General Secretariat of the
Council that it will accept a translation in one or more other
official languages of the Union.

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Official Journal of the European Union

C 300 E/209

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Wednesday 14 June 2006

Recognition and enforcement of a European enforcement order

Recognition of the judgment and enforcement of the sentence

Amendment 34

Article 8, title

Amendment 35

Article 8, paragraph 1

The competent authority of

1.
the executing State shall
recognise a European enforcement order which has been for-
warded in accordance with Article 4 without any further for-
mality being required, and shall forthwith take all the necessary
measures for its enforcement, unless the competent authority
decides to invoke one of the grounds for non-recognition and
non-enforcement provided for in Article 9.

The competent authority of

1.
the executing State shall
recognise the judgment which has been forwarded in accord-
ance with Article 4 without any further
formality being
required, and shall forthwith take all the necessary measures
for the enforcement of the sentence unless the competent auth-
ority decides to invoke one of the grounds for non-recognition
and non-enforcement provided for in Article 9.

Amendment 36

Article 8, paragraph 2

2. Where the sentence is incompatible with fundamental
principles of the law of the executing State in terms of its dur-
ation,
the executing State may
decide to adapt the sentence to the maximum level provided
for a criminal act under the national law of that State.

the competent authority of

2. Where the sentence is incompatible with the law of the
executing State in terms of its duration, the competent authority
of the executing State may, after consulting the issuing State,
decide to enforce the sentence up to the maximum level pro-
vided for the offence under the national law of that State.

Amendment 37

Article 8, paragraph 3

3. Where the sentence is incompatible with the law of the
executing State in terms of its nature, the competent authority
of that State may adapt it to the punishment or measure pro-
vided for under its own law for a criminal offence of the same
type by means of a court or administrative ruling. Such a
punishment or measure must correspond as closely as possible
to the sentence imposed in the issuing State; this means that the
sentence cannot be converted into a pecuniary punishment. It
must not increase the sentence imposed in the issuing State.

its nature,

3. Where the sentence is incompatible with the law of the
executing State in terms of
the punishment or
measure must correspond as closely as possible to the sentence
imposed in the issuing State; this means that the sentence can-
not be converted into a pecuniary punishment. It must not
increase or significantly decrease the sentence imposed in the
issuing State.

Amendment 38

Article 8, paragraph 4

4.
If the European enforcement order has also been issued in
respect of acts which are not covered by Article 7(1), and the
executing State refuses to recognise and enforce the European
enforcement order on account of such acts pursuant to Article 9
(1)(b), that State has to request the issuing State to be notified
which part of the sentence relates to the acts in question. After
having received that
the executing State may
reduce the sentence by the portion thereof which is notified by
the issuing State.

information,

4.
If the judgment has also been issued in respect of acts
which are not covered by Article 7(1), and the executing State
refuses to recognise and enforce the judgment on account of
such acts pursuant to Article 9(1)(b), that State has to request
the issuing State to be notified which part of
the sentence
relates to the acts in question. After having received that
information, the executing State may reduce the sentence by
the portion thereof which is notified by the issuing State.

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Amendment 39

Article 9, paragraph 1, introductory part

1.
The competent authorities in the executing State may
refuse to recognise and enforce the European enforcement
order if:

The competent authority of the executing State may refuse

1.
to recognise the judgment and enforce the sentence if:

Amendment 40

Article 9, paragraph 1, point (a)

(a) a decision against the person concerned in respect of the
same acts has been delivered in the executing State or in
any State other than the issuing or the executing State,
provided that in the latter case the decision has been
executed, is currently being executed or may no longer be
executed under the law of the sentencing State;

(a)

the certificate provided for in Article 4 is incomplete or
manifestly does not correspond to the judgment;

Amendment 41

Article 9, paragraph 1, point (aa) (new)

(aa)

the criteria set forth in Article 4(-1) are not met;

Amendment 42

Article 9, paragraph 1, point (ab) (new)

(ab)

enforcement of the sentence would be contrary to the

principle of ne bis in idem;

Amendment 43

Article 9, paragraph 1, point (b)

(b)

in a case referred to in Article 7(3), the enforcement order
relates to acts which would not constitute an offence under
the law of the executing State; however, in relation to taxes
or duties, customs and exchange, execution of a European
enforcement order may not be refused on the ground that
the law of the executing State does not impose the same
kind of tax or duty or does not contain the same type of
rules as regards taxes, duties and customs and exchange
regulations as the law of the issuing State;

(b)

in a case referred to in Article 7(3), the judgment relates to
acts which would not constitute an offence under the law
of the executing State; however,
in relation to taxes or
duties, customs and exchange, execution of a judgment
may not be refused on the ground that the law of the
executing State does not impose the same kind of tax or
duty or does not contain the same type of rules as regards
taxes, duties and customs and exchange regulations as the
law of the issuing State;

Amendment 44

Article 9, paragraph 1, point (c)

(c)

the enforcement of the decision is statute-barred according
to the law of the executing State, insofar as the European
enforcement order relates to acts which fall within the juris-
diction of the executing State under its own law;

(c)

the enforcement of the sentence is statute-barred according
to the law of the executing State and the sentence relates to
acts which fall within the jurisdiction of the executing State
under its own law;

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TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Wednesday 14 June 2006

Amendment 45
Article 9, paragraph 1, point (ca) (new)

(ca)

there is immunity under the law of the executing State,

which makes it impossible to enforce the sentence;

Amendment 46
Article 9, paragraph 1, point (d)

(d)

the European enforcement order has been issued in respect
of a natural person who, under the law of the executing
State, owing to his or her age, could not yet have been held
criminally liable for the acts in respect of which the Euro-
pean enforcement order was issued;

(d)

the sentence has been imposed on a person who, under the
law of the executing State, owing to his or her age, could
not yet have been held criminally liable for the acts in
respect of which the judgment was issued;

Amendment 47
Article 9, paragraph 1, point (e)

(e)

at the time the European enforcement order was received
by the competent authority pursuant to Article 4(1), less
than four months of the sentence have still to be served;

(e)

at the time the judgment was received by the competent
authority of the executing State, less than six months of
the sentence have still to be served;

Amendment 48
Article 9, paragraph 1, point (f)

(f)

the person concerned does not agree to the European
enforcement order being forwarded and the order has
been issued for the purposes of enforcing a sentence
imposed by a decision rendered in absentia,
insofar as
the person was not summoned personally or informed in
some other way of the time and place of the proceedings
which resulted in the decision rendered in absentia, or if
the person has not indicated to a competent authority
that he or she does not contest the case;

(f)

the judgment was rendered in absentia, unless the certifi-
cate states that the person was summoned personally or
informed via a competent representative according to
national law, of the time and place of the proceedings
which resulted in the
judgment being rendered in
absentia;

Amendment 49
Article 9, paragraph 1, point (g)

(g) the natural person in respect of whom the European
enforcement order has been issued neither possesses the
nationality of the executing State, nor is legally and per-
manently resident in, nor yet has any close links with that
State.

deleted

Amendment 50
Article 9, paragraph 2

In the cases referred to in paragraph 1(a), (f) and (g),
2.
before deciding not
to recognise and enforce a European
enforcement order, the competent authority in the executing
State shall consult the competent authority in the issuing State,
by any appropriate means, and shall, where appropriate, ask it
to supply any necessary additional information without delay.

In the cases referred to in paragraph 1(a), (aa), (ab) and
2.
(f), before deciding not to recognise the judgment and enforce
the sentence, the competent authority in the executing State
shall consult the competent authority in the issuing State, by
any appropriate means, and shall, where appropriate, ask it to
supply any necessary additional information without delay.

C 300 E/212

Official Journal of the European Union

EN

9.12.2006

Wednesday 14 June 2006

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Amendment 51
Article 9, paragraph 2a (new)

2a.
The recognition of the judgment may be postponed in
the executing State where the certificate provided for in Arti-
cle 4 is incomplete or manifestly does not correspond to the
judgment.

Amendment 52
Article 10, title

Decision on the European enforcement order and time limits

Decision on enforcement of the judgment and time limits

Amendment 53
Article 10, paragraph 1

1.
The competent authority in the executing State shall, as
quickly as possible and in any case within a maximum of
three weeks of receipt of the European enforcement order,
decide whether to enforce it.

1.
The competent authority in the executing State shall
decide as quickly as possible whether to recognise the judgment
and enforce the sentence and shall inform the issuing State
thereof, including of any decision regarding the sentence in
accordance with Article 8(2) and (3).

Amendment 54
Article 10, paragraph 1a (new)

Unless a ground for postponement under Article 9(2a)
1a.
exists, the final decision on the recognition of the judgment
and the enforcement of the sentence shall be taken within a
period of 30 days of receipt of the judgment and the certifi-
cate.

Amendment 55
Article 10, paragraph 1b (new)

1b.
In other cases and unless a ground for postponement
under Article 9(2a) exists, the final decision on the recognition
of the judgment and the enforcement of the sentence shall be
taken within a period of 60 days of receipt of the judgment
and the certificate.

Amendment 56
Article 10, paragraph 2a (new)

2a. Where in specific cases it is not possible to take a deci-
sion on the recognition of the judgment and enforcement of
the sentence within the time limits laid down in para-
graphs 1a and 1b, the competent authority of the executing
State shall, without delay, inform the competent authority of
the issuing State thereof and of the reasons. In such cases, the
time limits may be extended by a further 30 days.

9.12.2006

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Official Journal of the European Union

C 300 E/213

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Wednesday 14 June 2006

Amendment 57
Article 11, paragraph 1

1.
If a person in respect of whom a European enforcement
order has been issued is in the issuing State, the person shall be
transferred to the executing State as quickly as possible at a
time agreed between the competent authorities of the issuing
and the executing State.

1.
If a sentenced person is in the issuing State, the person
shall be transferred to the executing State no later than 30
days after the final decision of the executing State on the
recognition of the judgment and enforcement of the sentence
has been taken.

Amendment 58
Article 11, paragraph 2

2.
The person shall be transferred no later than two weeks
after the final decision on the enforcement of the European
enforcement order has been taken.

deleted

Amendment 59
Article 11, paragraph 3

3.
If the transfer of the person within the period laid down
in paragraph 2 is prevented by unforeseeable circumstances, the
competent authorities of the issuing and executing States shall
immediately contact each other and agree on a new transfer
date.

3.
If the transfer of the person within the period laid down
in paragraph 1 is prevented by unforeseen circumstances, the
competent authorities of the issuing and executing States shall
immediately contact each other. Transfer shall take place as
soon as these circumstances have ceased to exist. The com-
petent authority of the issuing State shall immediately inform
the competent authority of the executing State and agree on a
new transfer date. In that event, transfer shall take place
within 10 days of the new date thus agreed.

Amendment 60
Article 12, paragraph 1

1.
Each Member State shall permit the transit through its
territory of a sentenced person who is being transferred to the
executing State provided that it has been given information on:

1.
Each Member State concerned shall be informed of the
transit through its territory of a sentenced person who is being
transferred to the executing State and shall be provided with a
copy of the certificate by the issuing State.

(a)

the identity and nationality of the person who is the sub-
ject of the European enforcement order;

(b) the existence of a European enforcement order;

(c)

(d)

the nature and legal classification of the offence under-
lying the European enforcement order;

the description of the circumstances of the offence, includ-
ing date and place.

Amendment 61
Article 12, paragraph 2

The transit request and the information referred to in
2.
paragraph 1 may be transmitted by any means capable of pro-
ducing a written record. The Member State of transit shall notify
its decision, which shall be taken on a priority basis and not
later than one week after having received the request by the
same procedure.

The transit request and the certificate referred to in para-
2.
graph 1 may be transmitted by any means capable of producing
a written record. The Member State of transit shall notify its
decision, which shall be taken on a priority basis and not later
than one week after having received the request by the same
procedure.

C 300 E/214

Official Journal of the European Union

EN

9.12.2006

Wednesday 14 June 2006

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Amendment 62
Article 12, paragraph 2a (new)

2a.
The Member State of transit may hold the sentenced
person in custody only for such time as is necessary for transit
through its territory.

Amendment 63
Article 12, paragraph 3

3.
A transit request is not required in the case of transport
by air without a scheduled stopover. However, if an unscheduled
landing occurs, the issuing State shall provide the information
provided for in paragraph 1.

3.
A transit request is not required in the case of transport
by air without a scheduled stopover. However, if an unscheduled
landing occurs, the issuing State shall provide the information
provided for in paragraph 1 within 48 hours after the unsche-
duled landing.

Amendment 64
Article 13, paragraph 1

The enforcement of a European enforcement order shall
1.
be governed by the law of the executing State in the same
way as sentences imposed by that State. The authorities of
the executing State alone shall, subject to paragraphs 2 and 3,
be competent to decide on the procedures for enforcement and
including the
to determine all the measures relating thereto,
grounds for conditional release.

The enforcement of a sentence shall be governed by the
1.
law of the executing State. The authorities of the executing State
alone shall, subject to paragraphs 2, and 3 be competent to
decide on the procedures for enforcement and to determine all
the measures relating thereto, including the grounds for early or
conditional release.

Amendment 65
Article 13, paragraph 2

the executing State shall
2.
The competent authority of
liberty served in the
deduct any period of deprivation of
issuing State or in another State in connection with the sen-
tence in respect of which the European enforcement order is
issued from the total duration of the deprivation of liberty to
be served in the executing State.

The competent authority of

2.
the executing State shall
deduct the full period of deprivation of liberty already served
by the sentenced person in connection with the sentence in
respect of which the judgment is issued from the total duration
of the deprivation of liberty to be served in the executing State.

Amendment 66
Article 13, paragraph 3

3.
Unless otherwise agreed between the issuing and the
executing States, conditional release may only be granted if the
sentenced person has served a total of at least half the sentence
in the issuing and executing States.

3.
Unless otherwise agreed between the issuing and the
executing States, conditional release may only be granted if the
sentenced person has served a total of at least half the sentence
in the issuing and executing States or a sentence of a specific
duration which is consistent with the law of the issuing and
executing States.

Amendment 67
Article 14, paragraph 1a (new)

Paragraph 1 shall apply to persons being transferred

1a.
when they pass through transit Member States.

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Official Journal of the European Union

C 300 E/215

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND AND THE KINGDOM OF SWEDEN

AMENDMENTS BY PARLIAMENT

Wednesday 14 June 2006

An amnesty or pardon may be granted by the issuing

1.
State and also by the executing State.

1.
An amnesty or pardon may be granted by the issuing
State in consultation with the executing State or by the execu-
ting State.

Amendment 68
Article 15, paragraph 1

(b) of any decision not to recognise and enforce a European
enforcement order in accordance with Article 9, together
with the reasons for the decision;

(b) of any decision not to recognise the judgment and enforce
the sentence in accordance with Article 9, either in whole
or in part, together with the reasons for the decision;

Amendment 69
Article 17, point (b)

Amendment 70
Article 17, point (c)

(c) of the adaptation of the sentence in accordance with Arti-

cle 8(2) or (3), together with the reasons for the decision;

(c) of any decision regarding the sentence in accordance with
Article 8(2) or (3), together with the reasons for the deci-
sion, taking into account the differences between the laws
of the Member States concerned;

Amendment 71
Article 17, point (d)

(d) of the total or partial non-enforcement of the order for the
reasons referred to in Articles 8(4), 13(1) and 15(1) —
together with the reasons for the decision — and, in the
event of partial non-enforcement for the reason referred
to in Article 8(4), a request to be notified which part of
the sentence relates to the acts in question;

(d) of the total or partial non-enforcement of the sentence for
referred to in Articles 13(1) and 15(1)

the reasons
together with the reasons for the decision;

(e) of the fact that the person concerned has not started serv-

deleted

ing the sentence without reason;

Amendment 72
Article 17, point (e)

Amendment 73
Article 17, point (ga) (new)

(ga)

of the fact that the judgment has been recognised and

accepted.

Amendment 74
Article 17a (new)

Article 17a

Languages

The certificate, the standard form of which is set out in the
Annex, shall be translated into the official language, or one of
the official languages, of the executing State. Any Member
State may, either when this Framework Decision is adopted
or at a later date, state in a declaration deposited with the
General Secretariat of the Council that it will accept a trans-
lation in one or more other official languages of the European
Union.