European Parliament legislative resolution on the proposal for a Council Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (COM(2005)0091 - C6-0235/2005 - 2005/0018(CNS))
Date: 2006-09-27
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: criminal procedure, exchange of information, judicial cooperation in criminal matters in the EU, national law, penalty

15.12.2006

EN

Official Journal of the European Union

C 306 E/265

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0277/2006),

Wednesday 27 September 2006

1.

2.

Approves the Commission proposal;

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 Commission proposal sub-

3.
stantially;

4.

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

P6_TA(2006)0373

Taking into account previous convictions in another Member State *

European Parliament legislative resolution on the proposal for a Council Framework Decision on
taking account of convictions in the Member States of the European Union in the course of new
criminal proceedings (COM(2005)0091 — C6-0235/2005 — 2005/0018(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2005)0091) (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

(C6-0235/2005),

— 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

(A6-0268/2006),

1.

2.

3.

Approves the Commission proposal as amended;

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

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 Commission proposal

4.
substantially;

5.

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

(1) Not yet published in OJ.

C 306 E/266

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Wednesday 27 September 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 6

(6) The entry in the criminal record of a Member State of
convictions against nationals or residents handed down in
another Member State must be governed by the same rules
as if it had been handed down by a national court and may
not cause persons convicted in other Member States to be
treated more unfavourably than those who have been con-
victed by national courts.

deleted

Amendment 2

Recital 7

(7) This decision is to replace the provisions concerning the
taking into consideration of criminal judgments in the Conven-
tion of 28 May 1970 on the International Validity of Criminal
Judgments.

(7) This Framework Decision applies between Member States
without prejudice to the provisions concerning the taking into
consideration of criminal
judgments in the Convention of
28 May 1970 on the International Validity of Criminal Judg-
ments.

Amendment 3

Article 1, paragraph 1

The purpose of this Framework Decision is to determine
1.
the conditions in which a Member State takes into account, in
the course of new criminal proceedings against the same per-
son, convictions handed down in another Member State for dif-
ferent facts or enters such convictions in the criminal record.

The purpose of this Framework Decision is to determine
1.
the conditions in which a Member State takes into account, in
the course of criminal proceedings against a person, previous
convictions handed down in another Member State against the
same person for different facts.

Amendment 5

Article 2, point (a)

(a)

‘conviction’ means any final decision of a criminal court or
of an administrative authority whose decision can be
appealed against in the criminal courts establishing guilt
of a criminal offence or an act punishable in accordance
with national law as an offence against the law;

(a)

‘conviction’ means any final court decision establishing in
criminal proceedings guilt of a criminal offence under
national law;

Amendment 6

Article 2, point (b)

(b) ‘criminal record’: the national register or registers record-

deleted

ing convictions in accordance with national law.

15.12.2006

EN

Official Journal of the European Union

C 306 E/267

TEXT PROPOSED
BY THE COMMISSION

Wednesday 27 September 2006

AMENDMENTS
BY PARLIAMENT

Amendment 7
Article 3, paragraph 1

1.
Each Member State shall, in the course of new criminal
proceedings for different facts, attach to convictions handed
down in the other Member States in accordance with rules
determined by them legal effects that are equivalent to those
they attach to national convictions.

Each Member State shall ensure that,

1.
in the course of
criminal proceedings brought against a person, its competent
national authorities and courts or tribunals take into account
previous convictions handed down in other Member States
against the same person for different facts in accordance with
their national law and attach to them the same legal effects as
they attach to previous national convictions, provided that such
persons are not treated more unfavourably than they would
have been if the previous convictions had been national con-
victions.

Amendment 8
Article 3, paragraph 2

Paragraph 1 shall apply at the pre-trial stage, at the trial
2.
stage itself and at the time of execution of the conviction, in
particular with regard to the applicable rules of procedure,
including those relating to provisional detention, the definition
of the offence, the type and level of the sentence, and the rules
governing the execution of the decision.

Paragraph 1 shall apply at the pre-trial stage, at the trial
2.
stage itself and at the time of execution of the conviction, in
particular with regard to the applicable rules, including those
relating to provisional detention, the definition of the offence,
the type and level of the sentence, and the rules governing the
execution of the decision.

Amendment 9
Article 5, paragraph 1

1.
Convictions handed down in another Member State may
be disregarded where the underlying facts do not constitute an
offence against the criminal law of the Member State.

deleted

The first subparagraph shall not apply to the following cate-
gories of offences:

— participation in a criminal organisation;

— terrorism;

— trafficking in human beings;

— sexual exploitation of children and child pornography;

— trafficking in narcotic drugs and psychotropic substances;

— trafficking in weapons, munitions and explosives;

— corruption;

— fraud, including fraud affecting the financial interests of
the European Communities within the meaning of the
Convention of 26 July 1995 on the protection of the
European Communities' financial interests;

— laundering the proceeds of crime;

— counterfeiting currency, including the euro;

— computer-related crime;

C 306 E/268

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15.12.2006

AMENDMENTS
BY PARLIAMENT

Wednesday 27 September 2006

TEXT PROPOSED
BY THE COMMISSION

— environmental crime, including trafficking in endangered
animal species and in endangered plant species and vari-
eties;

— facilitation of unauthorised entry and residence;

— murder, grievous bodily harm;

— illicit trade in human organs and tissue;

— kidnapping, illegal restraint and hostage-taking;

— racism and xenophobia;

— organised or armed robbery;

— illicit trafficking in cultural goods, including antiques and

works of art;

— swindling;

— racketeering and extortion;

— counterfeiting and piracy of products;

— forgery of administrative documents and trafficking

therein;

— forgery of means of payment;

— trafficking in hormonal substances and other growth pro-

moters;

— trafficking in nuclear or radioactive materials;

— trafficking in stolen vehicles;

— rape;

— arson;

— crimes within the jurisdiction of the International Crim-

inal Court;

— unlawful seizure of aircraft/ships;

— sabotage;

— conduct which infringes road traffic regulations, including
breaches of regulations pertaining to driving hours and
rest periods and regulations on hazardous goods;

— smuggling of goods;

— infringements of intellectual property rights;

— threats and acts of violence against persons,

including

during sports events;

— criminal damage;

— theft;

— offences established by the convicting State and serving
the purpose of implementing obligations arising from
instruments adopted under the Treaty establishing the
European Community or under Title VI of the Treaty on
European Union.

15.12.2006

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Official Journal of the European Union

C 306 E/269

TEXT PROPOSED
BY THE COMMISSION

Wednesday 27 September 2006

AMENDMENTS
BY PARLIAMENT

Amendment 10

Article 5, paragraph 2

2. Without prejudice to paragraph 1, convictions handed
down in another Member State may also be disregarded
where the consequence of having been convicted in another
Member State on the occasion of new criminal proceedings
for different facts is that the person concerned is treated
more unfavourably than if the conviction had been handed
down by a national court.

deleted

Amendment 11

Article 6, paragraph 1

1. Where a Member State enters convictions handed down
in another Member State in its criminal record, the amount of
the penalty entered shall correspond to that of the sentence
actually passed, unless the amount of the penalty has been
actually reviewed when the penalty was executed in the regis-
tering Member State.

deleted

Amendment 12

Article 6, paragraph 2

2.
If, under national legislation, convictions handed down
in the other Member States against nationals or residents are
entered in the national criminal record, the rules governing
entry in the record, modifications or deletion of the informa-
tion entered may under no circumstances have the effect of
causing the person to be treated more unfavourably than if
he/she had been convicted by a national court.

deleted

Amendment 13

Article 6, paragraph 3

3.
Any modification or deletion of an entry in the convict-
ing Member State shall entail an equivalent deletion or mod-
ification in the Member State of nationality or residence if it
made an entry in the record and is informed of the modifica-
tion or deletion, unless the legislation of the latter State pro-
vides for more favourable treatment for the convicted person.

deleted

Amendment 14

Article 7

1. Without prejudice to its application in relations between
the Member States and third countries, this Framework Deci-
sion replaces Article 56 of
the Hague Convention of
28 May 1970 on the International Validity of Criminal Judg-
ments as between the Member States.

This Framework Decision shall apply between the Member
States without prejudice to Article 56 of the Hague Convention
of 28 May 1970 on the International Validity of Criminal Judg-
ments with regard to the relations between Member States and
third countries.

C 306 E/270

Official Journal of the European Union

EN

15.12.2006

Wednesday 27 September 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 15
Article 8, paragraph 1

1. Member States shall adopt the measures necessary to com-
ply with the provisions of this Framework Decision no later
than 31 December 2006.

1. Member States shall adopt the measures necessary to com-
ply with the provisions of this Framework Decision within one
year of its adoption.

Amendment 16
Article 8, paragraph 3

3.
On the basis of that information the Commission shall, no
later than 31 December 2007 present a report to the European
Parliament and the Council on the application of this Frame-
work Decision, accompanied if necessary by legislative propo-
sals.

3.
On the basis of that information the Commission shall no
later than two years after the adoption of this Framework
Decision present a report to the European Parliament and the
Council on the application of this Framework Decision, accom-
panied if necessary by legislative proposals.

P6_TA(2006)0374

EC-Guinea-Bissau agreement on fishing *

European Parliament legislative resolution on the proposal for a Council regulation on the conclu-
sion of the Agreement in the form of an Exchange of Letters concerning the extension of the
Protocol establishing the fishing opportunities and the financial contribution provided for in the
Agreement between the European Economic Community and the Government of the Republic of
Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2006 to 15 June
2007 (COM(2006)0182 — C6-0167/2006 — 2006/0065(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the proposal for a Council regulation (COM(2006)0182) (1),

— having regard to Articles 37 and 300(2) of the EC Treaty,

— having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council

consulted Parliament (C6-0167/2006),

— having regard to Rules 51 and 83(7) of its Rules of Procedure,

— having regard to the report of the Committee on Fisheries (A6-0271/2006),

1.

Approves conclusion of the agreement;

Instructs its President to forward its position to the Council and Commission, and the governments

2.
and parliaments of the Member States and the Republic of Guinea-Bissau.

(1) Not yet published in OJ.