P6_TA(2007)0228#Prüm Treaty: cross-border cooperation in combating terrorism and cross-border crime *#European Parliament legislative resolution of 7 June 2007 on the initiative by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (6566/2007 — C6-0079/2007 — 2007/0804(CNS))
Date: 2007-06-07
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Austria, Belgium, Bulgaria, Finland, France, Germany, Italy, Luxembourg, Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, cross-border cooperation, prevention of delinquency, terrorism

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P6_TA(2007)0228

Official Journal of the European Union

EN

22.5.2008

Prüm Treaty: cross-border cooperation in combating terrorism and cross-border
crime *

European Parliament legislative resolution of 7 June 2007 on the initiative by the Kingdom of Bel-
gium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French
Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Aus-
tria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the
Portuguese Republic, Romania and the Kingdom of Sweden on the stepping up of cross-border
crime (6566/2007 —
cooperation, particularly in combating terrorism and cross-border

C6-0079/2007 — 2007/0804(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Repub-
lic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the
Kingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic,
the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of
Sweden (6566/2007) (1),

— having regard to the Council's drafting amendments (7273/1/2007 of 17 April 2007) (1),

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

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

(C6-0079/2007),

— having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

— having regard to Rules 93, 51 and 35 of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0207/2007),

1.
Approves the initiative by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of
Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of
the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic,
the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of 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;

4.
Calls on the Council to consult Parliament if it intends to amend the initiative by the Kingdom of
Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French
Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the
Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the Portuguese
Republic, Romania and the Kingdom of Sweden substantially;

(1) Not yet published in OJ.

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5.
Regrets the obligation imposed on Parliament by the Council to express its opinion as a matter of
urgency, without adequate and appropriate time for Parliamentary review and the absence both of a com-
prehensive impact assessment and an evaluation of the application of the Prüm Treaty to date, and of an
adequate framework decision for the protection of personal data in police and judicial cooperation, which it
considers necessary before any legislation is adopted under the third pillar;

6.
Instructs its President to forward its position to the Council and the Commission, and the govern-
ments of the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom
of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the
Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of
Finland, the Portuguese Republic, Romania and the Kingdom of Sweden.

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 1

Title

COUNCIL DECISION 2007/…/JHA of … on the stepping up of
cross-border cooperation, particularly in combating terrorism
and cross-border crime

COUNCIL FRAMEWORK DECISION 2007/…/JHA of … on
the stepping up of cross-border cooperation, particularly in
combating terrorism and cross-border crime

(This amendment applies throughout the text.)

Amendment 2

Citation 1

Having regard to the Treaty on European Union, and in particu-
lar Article 30(1)(a) and (b), Article 31(1)(a), Article 32 and
Article 34(2)(c) thereof,

Having regard to the Treaty on European Union, and in particu-
lar Article 30(1)(a) and (b), Article 31(1)(a), Article 32 and
Article 34(2)(b) thereof,

Amendment 3

Citation 2a (new)

Having regard to the opinion of the European Data Protection
Supervisor of 4 April 2007,

Amendment 4

Recital 1

(1)
The Council of the European Union attaches fundamental
importance to the establishment of an area of freedom, security
and justice, which is a fundamental concern of the people of
the States brought together in the Union.

(1)
The Council of the European Union attaches fundamental
importance to the area of freedom, security and justice, which is
fundamental to the people of the European Union.

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 5

Recital 10

These requirements are satisfied by the Prüm Treaty of
(10)
27 May 2005 between the Kingdom of Belgium, the Federal
Republic of Germany, the Kingdom of Spain, the French Repub-
lic, the Grand Duchy of Luxembourg, the Kingdom of the Neth-
erlands and the Republic of Austria on the stepping up of cross-
border cooperation, particularly in combating terrorism, cross-
border crime and illegal migration. In order that the substantive
requirements of the Hague Programme can be fulfilled for all
Member States and that its targets in terms of time-scale can
be achieved, the essential parts of the Prüm Treaty need to be
made applicable to all Member States. This Council Decision
should therefore be based on the main provisions of the Prüm
Treaty.

These requirements are satisfied by the Prüm Treaty of
(10)
27 May 2005 between the Kingdom of Belgium, the Federal
Republic of Germany, the Kingdom of Spain, the French Repub-
lic, the Grand Duchy of Luxembourg, the Kingdom of the Neth-
erlands and the Republic of Austria on the stepping up of cross-
border cooperation, particularly in combating terrorism, cross-
border crime and illegal migration. In order to fulfil the sub-
stantive requirements of the Hague Programme for all Member
States, the Prüm Treaty needs to be made applicable to all Mem-
ber States. This Council Framework Decision therefore includes
some of the main provisions of the Prüm Treaty, namely those
related to police and judicial cooperation in the European
Union.

Amendment 6

Recital 11a (new)

(11a)
These improvements in the exchange of data consti-
tute a step forward in making the information available
between law enforcement officers in the Member States. It is
appropriate to ensure that there are reasons for automated
searches in national DNA and fingerprint databases whenever
personal data are concerned.

Amendment 7

Recital 15

(15)
Subject to certain conditions, Member States should be
able to supply personal and non-personal data in order to
improve the exchange of information in connection with major
events with a cross-border dimension.

(15)
Subject to certain conditions, Member States should be
able to supply personal and non-personal data in order to
improve the exchange of information in connection with major
events with a cross-border dimension and the purpose of which
is to prevent terrorist offences. The supplying of the data
should be necessary and proportionate and based on particular
circumstances
criminal
that give reason to believe
offences will be committed.

that

Amendment 8

Recital 15a (new)

(15a) Within the framework of
should also be granted access to national databases.

its mandate, Europol

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 9
Recital 16

(16)
As international cooperation, particularly in combating
cross-border crime, is to be further improved, this Decision, in
addition to improving the exchange of
information, should
allow, amongst other things, closer cooperation between police
authorities, for example by means of joint security operations
joint patrols) and cross-border intervention in the event
(e.g.
of immediate danger to life or limb.

(16)
As international cooperation, particularly in combating
cross-border crime, is to be further improved, this Framework
Decision, in addition to improving the exchange of information,
should allow, amongst other things, closer cooperation between
police authorities, for example by means of joint security opera-
tions (e.g. joint patrols).

Amendment 10
Recital 18

(18)
Aware of the importance which this Decision has for
protecting the rights of individuals, and aware that the supply
of personal data to another Member State requires a sufficient
standard of data protection on the part of
the receiving
Member State, Member States should provide for efficient
implementation of all data protection rules contained in the
Decision.

(18)
The hit/no hit system provides a structure for compar-
ing anonymous profiles, where additional personal data are
exchanged only after a hit, and guarantees an adequate system
of data protection, it being understood that the supply of per-
sonal data to another Member State requires an adequate level
of data protection on the part of the receiving Member State.

Amendment 11
Recital 18a (new)

(18a)
Special categories of data concerning racial or ethnic
origin, political opinions, religious or philosophical beliefs,
party or trade union membership, sexual orientation or health
should be processed only if absolutely necessary and propor-
tionate for the purpose of a specific case and in compliance
with specific safeguards.

Amendment 12
Recital 18b (new)

legal

that general

(18b)
These specific rules on data protection are created in
absence of an adequate third pillar legal instrument on data
protection. When approved,
instrument
should be applied to the entire area of police and judicial coop-
eration in criminal matters provided always that its level of
data protection is adequate and not lower than the protection
laid down in the Council of Europe Convention for the Protec-
tion of Individuals with regard to automatic Processing of Per-
sonal Data of 28 January 1981 and its additional Protocol of
8 November 2001 and takes account of Recommendation
No R (87) 15 of 17 September 1987 of the Committee of
Ministers to Member States regulating the use of personal
data in the police sector, also where data are not processed
automatically.

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 13

Recital 18c (new)

(18c)
measure implementing this Framework Decision.

The European Parliament should be consulted on any

Amendment 14

Recital 18d (new)

It is necessary for the Council to adopt the Frame-
(18d)
work Decision on Procedural Rights as soon as possible in
order to lay down certain minimum rules on the availability
of legal assistance to individuals in the Member States.

Amendment 15

Recital 18e (new)

(18e) With regard to the supply of information and assist-
ance in connection with major events and mass gatherings,
the overall framework must be reconciled with Joint Action
97/339/JHA of 26 May 1997 with regard to cooperation on
law and order and security (1) and the Council Resolution of
29 April 2004 on security at the European Council meetings
and other comparable events (2) and the Initiative of the King-
dom of the Netherlands with a view to the adoption of a
Council Decision on strengthening cross-border police coopera-
tion with regard to meetings attended by large numbers of
people from more than one Member State, at which policing
is primarily aimed at maintaining law and order and security
and preventing and combating criminal offences (3).

(1) OJ L 147, 5.6.1997, p. 1.
(2) OJ C 116, 30.4.2004, p. 18.
(3) OJ C 101, 27.4.2005, p. 36.

Amendment 16

Recital 20

This Decision respects

(20)
rights and
observes the principles set out in particular in the Charter of
Fundamental Rights of the European Union,

the fundamental

This Framework Decision respects

(20)
the fundamental
rights and observes the principles recognised, in particular, by
the Charter of Fundamental Rights of the European Union. In
particular, this Framework Decision seeks to ensure full com-
pliance with citizens' fundamental rights to respect for their
private life and communications and to the protection of their
personal data as enshrined in Articles 7 and 8 of the Charter.

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 17
Recital 20a (new)

(20a)
The full review and evaluation of the functioning of
the Prüm Treaty to date and the establishment of a third pillar
data protection framework decision are prerequisites for the
effectiveness and correct implementation of this Framework
Decision.

Amendement 18
Article 1, paragraph 1, introductory part

By means of this Decision, the Member States intend to step up
cross border cooperation in matters covered by Title VI of the
EU Treaty, particularly the exchange of information between
agencies responsible for the prevention and investigation of
criminal offences. To this end, this Decision contains rules in
the following areas:

this Framework Decision, the Member States
By means of
intend to step up cross border cooperation in matters covered
by Title VI of the EU Treaty, particularly the exchange of infor-
mation between agencies responsible for the prevention and
investigation of criminal offences as listed in Article 2 of
Council Framework Decision 2002/584/JHA of 13 June
2002 on the European arrest warrant and the surrender
procedures between Member States (1) as well as in Arti-
cles 1 to 4 of Council Framework Decision 2002/475/JHA
of 13 June 2002 on combating terrorism (2) while ensuring
an adequate level of data protection. To this end, this Frame-
work Decision contains rules in the following areas:

(1) OJ L 190, 18.7.2002, p. 1.
(2) OJ L 164, 22.6.2002, p. 3.

Amendment 19
Article 1, point 4

(4) Provisions on the conditions and procedure for stepping up
cooperation through various measures

border police
(Chapter 5).

(4) Provisions on the conditions and procedure for stepping up
border police cooperation through various defined mea-
sures (Chapter 5);

Amendment 20
Article 1, point 4a (new)

(4a) Provisions on data protection (Chapter 6, Article 14(2)

and Article 16(2) and (4)).

Amendment 21
Article 1a (new)

Article 1a

For the purposes of this Framework Decision:

(1) ‘criminal offences’ shall mean the offences listed in Arti-
cle 2 of Council Framework Decision 2002/584/JHA;

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

(2) ‘terrorist offences’ shall mean the criminal offences listed
in Articles 1 to 4 of Council Framework Decision
2002/475/JHA;

(3) ‘personal data’ shall mean any information relating to an
identified or identifiable natural person (‘data subject’);
an ‘identifiable person’ means a person who can be iden-
tified, directly or indirectly, in particular by reference to
an identification number or to one or more factors speci-
fic to his physical or physiological identity;

(4) ‘processing of personal data’ shall mean any operation or
set of operations which is performed upon personal data,
whether or not by automated means, such as collection,
recording, organisation, storage, adaptation or alteration,
sorting, retrieval, consultation, use, disclosure by supply,
dissemination or otherwise making available, alignment,
combination, blocking, erasure or destruction of data; pro-
cessing within the meaning of this Framework Decision
shall also include notification of whether or not a hit
exists;

(5) ‘automated search procedure’ shall mean direct access to
the automated files of another body where the response to
the search procedure does not require human intervention;

(6) ‘referencing of data’ shall mean the marking of stored
personal data without the aim of limiting their processing
in future;

(7) ‘blocking of data’ shall mean the marking of stored per-
sonal data with the aim of limiting their processing in
future;

(8) ‘non-coding part of DNA’ shall mean chromosome zones
containing no genetic expression, i.e. not known to pro-
vide information about specific hereditary characteristics;
notwithstanding any scientific progress, no more informa-
tion shall be revealed from the non-coding part of DNA
either now nor in future.

Amendment 22

Article 1b (new)

Article 1b

Member States shall provide for a clear distinction to be made
between the personal data of

— a person who is suspected of having committed or having

taken part in a criminal offence,

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

— a person who has been convicted of a criminal offence,

— a person with regard to whom there are serious grounds
for believing that he or she will commit a criminal
offence,

— a person who might be called on to testify in investiga-
tions in connection with criminal offences or subsequent
criminal proceedings,

— a person who has been the victim of a criminal offence or
with regard to whom certain facts give reasons for believ-
ing that he or she could be the victim of a criminal
offence,

— a person who can provide information about criminal

offences,

— a contact or associate of one of the persons listed above,

and

— a person who does not fall within any of the categories

referred to above.

Amendment 23

Article 2, paragraph 1

1. Member States shall open and keep national DNA analysis
files for the investigation of criminal offences. Processing of data
kept in those files, under this Decision, shall be carried out in
accordance with this Decision, in compliance with the national
law applicable to the processing.

1. Member States shall open and keep national DNA analysis
files for the investigation of criminal offences. Processing of per-
sonal data in those files, under this Framework Decision, shall
be carried out in accordance with the rules on data protection
laid down in Chapter 6, in compliance with the national law
applicable to the processing.

Amendment 24

Article 2, paragraph 2

2.
For the purpose of implementing this Decision, the Mem-
ber States shall ensure the availability of reference data from
their national DNA analysis files as referred to in the first sen-
tence of paragraph 1. Reference data shall only include DNA
profiles established from the non-coding part of DNA and a
reference number. Reference data shall not contain any data
from which the data subject can be directly identified. Reference
(‘unidentified
data which is not attributed to any individual
DNA-profiles’) shall be recognisable as such.

2.
For the purpose of implementing this Framework Deci-
sion, the Member States shall ensure access to reference data
from their national DNA analysis files opened for the investiga-
tion of criminal offences. Reference data shall only include
DNA profiles established from the non-coding part of DNA
and a reference number. Reference data shall not contain any
data from which the data subject can be directly identified.
Reference data which is not attributed to any individual
(‘unidentified DNA-profiles’) shall be recognisable as such.

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 25

Article 3, paragraph 1

1.
For the investigation of criminal offences, Member States
shall allow other Member States' national contact points as ref-
erred to in Article 6, access to the reference data in their DNA
analysis files, with the power to conduct automated searches by
comparing DNA profiles. Searches may be conducted only in
individual cases and in compliance with the requesting Member
State's national law.

1.
For the investigation of criminal offences, Member States
shall allow other Member States' national contact points, access
to the reference data in their DNA analysis files, with the power
to conduct automated searches by comparing DNA profiles.
Searches may be conducted only in individual cases and in
compliance with the rules on data protection laid down in
Chapter 6 and the requesting Member State's national law.

Amendment 26

Article 5

Should the procedures referred to in Articles 3 and 4 show a
the supply of any available
match between DNA profiles,
further personal data and other information relating to the
reference data shall be governed by the national law, including
the legal assistance rules, of the requested Member State.

Should the procedures referred to in Articles 3 and 4 show a
match between DNA profiles, the supply of further personal
data and other information relating to the reference data shall
be governed by the national law, including the legal assistance
rules, of the requested Member State and the rules on data
protection laid down in Chapter 6.

Article 6

Amendment 27

Article 6

deleted

National contact point and implementing measures

1.
For the purposes of the supply of data as referred to in
Articles 3 and 4, each Member State shall designate a
national contact point. The powers of the national contact
points shall be governed by the applicable national law.

2.
Details of technical arrangements for the procedures set
out in Articles 3 and 4 shall be laid down in the implementing
measures as referred to in Article 34.

Amendment 28

Article 7, paragraph 1, introductory wording

Where, in ongoing investigations or criminal proceedings, there
is no DNA profile available for a particular individual present
within a requested Member State's territory, the requested Mem-
ber State shall provide legal assistance by collecting and examin-
ing cellular material from that individual and by supplying the
DNA profile obtained, if:

1. Where, in ongoing investigations or criminal proceedings
relating to the commission of criminal offences, there is no
DNA profile available for a particular individual who is sus-
pected of having committed such a criminal offence and who
is present within a requested Member State's territory,
the
requested Member State shall provide legal assistance by collect-
ing and examining cellular material from that individual and by
supplying the DNA profile obtained, if:

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 29

Article 7, paragraph 1a (new)

The collection of cellular material shall

take place
1a.
only on the basis of national
law and only for a specific
purpose and shall meet the requirements of necessity and pro-
portionality.

Amendment 30

Article 8

For the purpose of implementing this Decision, Member States
shall ensure the availability of reference data from the file for
the national automated fingerprint identification systems estab-
lished for the prevention and investigation of criminal offences.
Reference data shall only include dactyloscopic data and a refer-
ence number. Reference data shall not contain any data from
which the data subject can be directly identified. Reference data
which is not attributed to any individual (‘unidentified dactylo-
scopic data’) must be recognisable as such.

For the purpose of
implementing this Framework Decision,
Member States shall ensure access to reference data from the
file for the national automated fingerprint identification systems
established for the prevention and investigation of criminal
offences. Reference data shall only include dactyloscopic data
and a reference number. Reference data shall not contain any
data from which the data subject can be directly identified.
Reference data which is not attributed to any individual
(‘unidentified dactyloscopic data’) must be recognisable as such.

Amendment 31

Article 9, paragraph 1

1.
For the prevention and investigation of criminal offences,
Member States shall allow other Member States' national contact
points, as referred to in Article 11, access to the reference data
in the automated fingerprint identification systems which they
have established for that purpose, with the power to conduct
automated searches by comparing dactyloscopic data. Searches
may be conducted only in individual cases and in compliance
with the requesting Member State's national law.

1.
For the prevention and investigation of criminal offences,
Member States shall allow other Member States' national contact
points, as referred to in Article 11, access to the reference data
in the automated fingerprint identification systems which they
have established for that purpose, with the power to conduct
automated searches by comparing dactyloscopic data. Searches
may be conducted only in individual cases and in compliance
with the rules on data protection laid down in Chapter 6 and
the requesting Member State's national law.

Amendment 32

Article 10

Should the procedure referred to in Article 9 show a match
between dactyloscopic data, the supply of any available further
personal data and other information relating to the reference
data shall be governed by the national law, including the legal
assistance rules, of the requested Member State.

Should the procedure referred to in Article 9 show a match
between dactyloscopic data, the supply of further personal data
and other information relating to the reference data shall be
governed by the national
including the legal assistance
rules, of the requested Member State and the rules on data
protection laid down in Chapter 6.

law,

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AMENDMENTS
BY PARLIAMENT

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

Article 11

Amendment 33

Article 11

deleted

National contact point and implementing measures

For the purposes of the supply of data as referred to in
1.
Article 9, each Member State shall designate a national con-
tact point. The powers of the national contact points shall be
governed by the applicable national law.

Details of technical arrangements for the procedure set
2.
out in Article 9 shall be laid down in the implementing mea-
sures as referred to in Article 34.

Amendment 34

Article 12, paragraph 1

1.
For the prevention and investigation of criminal offences
and in dealing with other offences coming within the jurisdic-
tion of
the courts or the public prosecution service in the
searching Member State, as well as in maintaining public
order and security, Member States shall allow other Member
States' national contact points, as referred to in paragraph 2,
access to the following national vehicle registration data, with
the power to conduct automated searches in individual cases:

1.
For the prevention and investigation of criminal offences
and in dealing with other offences coming within the jurisdic-
tion of
the courts or the public prosecution service in the
searching Member State, Member States shall allow other Mem-
ber States' national contact points, as referred to in paragraph 2,
access to the following national vehicle registration data, with
the power to conduct automated searches in individual cases:

(1) data relating to owners or operators, and

(1) data relating to owners or operators, and

(2) data relating to vehicles.

(2) data relating to vehicles.

Searches may be conducted only with a full chassis number or a
full registration number. Searches may be conducted only in
compliance with the searching Member State's national law.

Searches may be conducted only with a full chassis number or a
full registration number. Searches may be conducted only in
compliance with the rules on data protection laid down in
Chapter 6 and the searching Member State's national law.

Amendment 35

Article 12, paragraph 2

for

2.
For the purposes of the supply of data as referred to in
paragraph 1, each Member State shall designate a national
contact point
the
national contact points shall be governed by the applicable
national law. Details of technical arrangements for the pro-
cedure shall be laid down in the implementing measures as
referred to in Article 34.

incoming requests. The powers of

deleted

22.5.2008

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Official Journal of the European Union

C 125 E/131

Thursday 7 June 2007

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 36

Article 14, paragraph 1

1.
For the prevention of criminal offences and in maintain-
ing public order and security for major events with a cross-bor-
der dimension,
in particular for sporting events or European
Council meetings, Member States shall, both upon request and
of their own accord, supply one another with personal data if
any final convictions or other circumstances give reason to
believe that the data subjects will commit criminal offences at
the event or pose a threat to public order and security, in so far
as the supply of such data is permitted under the supplying
Member State's national law.

1.
For the prevention of criminal offences and in maintain-
ing public order and security for major events with a cross-bor-
der dimension,
in particular for sporting events or European
Council meetings, Member States shall, both upon request and
of their own accord, supply one another with personal data if
any final convictions or other circumstances give reason to
believe that the data subjects will commit criminal offences at
the event or pose a threat to public order and security, in so far
as the supply of such data is permitted under the supplying
Member State's national law and when necessary and propor-
tionate in a democratic society, for a specific purpose and on a
case-by-case basis.

Article 15

National contact point

Amendment 37

Article 15

deleted

For the purposes of the supply of data as referred to in Arti-
cles 13 and 14, each Member State shall designate a national
contact point. The powers of the national contact points shall
be governed by the applicable national law.

Amendment 38

Article 16, paragraph 1

1.
For the prevention of terrorist offences, Member States
may, in compliance with national law, in individual cases, even
without being requested to do so, supply other Member States'
national contact points, as referred to in paragraph 3, with the
personal data and information specified in paragraph 2, in so far
as is necessary because particular circumstances give reason to
believe that the data subjects will commit criminal offences as
referred to in Articles 1 to 3 of EU Council Framework Deci-
sion 2002/475/JHA of 13 June 2002 on combating terrorism.

1.
For the prevention of terrorist offences, Member States
may, in compliance with national law, basic principles of law
and fundamental rights, in individual cases, even without being
requested to do so, supply other Member States' national con-
tact points with the personal data and information specified in
paragraph 2, in so far as is necessary because particular circum-
stances give reason to believe that the data subjects will commit
terrorist offences.

Amendment 39

Article 16, paragraph 2

2.
The data to be supplied shall comprise surname, first
names, date and place of birth and a description of the circum-
stances giving rise to the belief referred to in paragraph 1.

2.
The data to be supplied shall comprise only personal data
and a description of the circumstances giving rise to the belief
referred to in paragraph 1.

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EN

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

Amendment 40
Article 16, paragraph 3

3.
Each Member State shall designate a national contact
point for exchange of information with other Member States'
national contact points. The powers of the national contact
points shall be governed by the applicable national law.

deleted

AMENDMENTS
BY PARLIAMENT

Amendment 41
Article 16, paragraph 4a (new)

Regardless of those conditions, personal data may be
4a.
processed only for the purposes specified in paragraph 1. The
data supplied shall be deleted without delay once the purposes
specified in paragraph 1 have been achieved or can no longer
be achieved, and in any event after no more than two years
from the date of supply.

Amendment 42
Article 17, paragraph 2

2.
Each Member State may, as a host Member State, in com-
pliance with its own national law, and with the seconding Mem-
ber State's consent, confer executive powers on the seconding
Member States' officers involved in joint operations or, in so
far as the host Member State's law permits, allow the second-
ing Member States' officers to exercise their executive powers
in accordance with the seconding Member State's law. Such
executive powers may be exercised only under the guidance
and, as a rule, in the presence of officers from the host Member
State. The seconding Member States' officers shall be subject
to the host Member State's national law. The host Member
State shall assume responsibility for their actions.

2.
The seconding Member States' officers shall be subject
to the host Member State's national law. Each Member State
may, as a host Member State,
in compliance with its own
national law, and with the seconding Member State's consent,
confer executive powers on the seconding Member States' offi-
cers involved in joint operations. Such executive powers may be
exercised only under instructions from and, as a general rule,
in the presence of officers from the host Member State.

Amendment 43
Article 17a (new)

Article 17a

Measures in the event of imminent danger

1.
In urgent situations, officers from one Member State
may, without the prior consent of another Member State
(‘the host Member State’, cross the border between the two
States so that, within an area of the host Member State's
territory close to the border and in compliance with the host
Member State's national law, they may take any provisional
measures necessary to avert an imminent danger to the physi-
cal integrity of individuals.

22.5.2008

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Official Journal of the European Union

C 125 E/133

Thursday 7 June 2007

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

2.
An urgent situation as referred to in paragraph 1 shall
be deemed to arise if there is a risk that the danger will mate-
rialise in the event of there being any delay before the host
Member State's officers take responsibility as stipulated in
Article 17(2).

3.
The officers crossing the border shall immediately notify
the host Member State of their presence. The host Member
State shall confirm receipt of such notification and take the
necessary measures without delay to avert the danger and take
charge of the operations. The officers crossing the border may
operate in the host Member State only until the host Member
State has taken the necessary protective measures. The officers
crossing the border shall be required to follow the host Mem-
ber State's instructions.

4.
The Member States shall specify in a separate agreement
the authorities to be notified without delay, as stipulated in
paragraph 3. The officers crossing the border shall be required
to comply with the provisions of this Article and with the law
of the host Member State.

The host Member State shall assume responsibility for

5.
the measures taken by the officers crossing the border.

Amendment 44

Article 18a (new)

Article 18a

Cooperation upon request

1.
The competent authorities of the Member States shall
provide one another with assistance, upon request, within the
scope of their powers and in compliance with their own
national law.

2.
Those competent authorities shall provide one another
with assistance, in accordance with the first sentence of Arti-
cle 39(1) of the Convention of 19 June 1990 implementing
the Schengen Agreement of 14 June 1985 on the gradual abo-
lition of checks at common borders, in particular by:

(1)

identifying owners and operators of vehicles and provid-
ing information on drivers, masters and captains of
vehicles, vessels and aircraft, in so far as not already
provided for in Article 12;

(2)

supplying information on driving licences, navigation
licences and similar permits;

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Official Journal of the European Union

EN

22.5.2008

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

(3)

ascertaining the whereabouts and place of residence of
individuals;

(4)

checking residence permits;

(5)

ascertaining the identity of telephone subscribers and
subscribers to other telecommunications services, where
publicly accessible;

(6)

establishing the identity of individuals;

(7)

(8)

(9)

investigating the origin of items such as arms, motor
vehicles and vessels (enquiries via trade channels);

supplying data from police databases and police records
and supplying information from official records accessi-
ble to the public;

issuing urgent alerts concerning arms and explosives
and alerts concerning currency counterfeiting and secu-
rities fraud;

(10) supplying information on practical

implementation of
cross-border surveillance, cross-border hot pursuit and
controlled deliveries, and

(11) ascertaining an individual's willingness to make a

statement.

3.
If the authority to which the request is made does not
have the power to deal with the request, it shall pass it on to
an authority with the power to do so. The requested authority
shall notify the requesting authority of the passing on of the
request and of the authority empowered to deal with it. The
latter authority shall deal with the request and send the
requesting authority the result.

Amendment 45

Article 19, paragraph 1

1.
Officers from a seconding Member State who are involved
in a joint operation within another Member State's territory
may wear their own national uniforms there. They may carry
such arms, ammunition and equipment as they are allowed to
under the seconding Member State's national
law. The host
Member State may prohibit the carrying of particular arms,
ammunition or equipment by a seconding Member State's
officers.

1.
Officers from a seconding Member State may carry such
service weapons, ammunition and equipment as
they are
law.
allowed to under the seconding Member State's national
The host Member State may prohibit the carrying of certain
service weapons, ammunition or equipment by a seconding
Member State's officers provided its own legislation applies
the same prohibition to its own officers.

22.5.2008

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C 125 E/135

Thursday 7 June 2007

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 46

Article 19, paragraph 2a (new)

2a. Officers from a seconding Member State who are
involved in a joint operation in another Member State's ter-
ritory shall wear their own national uniforms. A common dis-
tinctive sign must be carried by all members of the joint
operation. The host Member State must deliver an accredita-
to the seconding Member States' officers,
tion document
including the name, rank and a digitised photograph of the
officer.

1.

For the purposes of this Chapter:

deleted

Amendment 47

Article 24, paragraph 1

(1) ‘processing of personal data’ shall mean any operation or
set of operations which is performed upon personal data,
whether or not by automatic means, such as collection,
recording, organisation, storage, adaptation or alteration,
sorting, retrieval, consultation, use, disclosure by supply,
dissemination or otherwise making available, alignment,
combination, blocking, erasure or destruction of data. Pro-
cessing within the meaning of this Decision shall also
include notification of whether or not a hit exists;

(2) ‘automated search procedure’ shall mean direct access to
the automated files of another body where the response to
the search procedure is fully automated;

(3) ‘referencing’ shall mean the marking of stored personal
data without the aim of limiting their processing in
future;

(4) ‘blocking’ shall mean the marking of stored personal data
with the aim of limiting their processing in future.

Amendment 48

Article 24, paragraph 2

2.
The following provisions shall apply to data which are
or have been supplied pursuant to this Decision, save as other-
wise provided in the preceding Chapters.

2.
The following provisions shall apply to the collection
and processing of DNA material and fingerprints in a Mem-
ber State and to the supply of further personal data within
the scope of this Framework Decision.

The following provisions shall also apply to data which are or
have been supplied pursuant to this Framework Decision.

C 125 E/136

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Official Journal of the European Union

EN

22.5.2008

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 49

Article 25, paragraph 1a (new)

1a. Member States shall take into account the various cate-
gories of personal data and the various purposes for which
they are collected with a view to laying down time limits for
their storage and appropriate conditions for their collection,
further processing and transfer. Personal data relating to per-
sons who are not suspected of having committed or taken part
in a criminal offence may be processed only for the purpose
for which they were collected and for a limited period. Member
States shall lay down appropriate limitations on access to and
transmission of such data.

Amendment 50

Article 25, paragraph 3

3.
Paragraph 2 shall not apply to those Member States
where the supply of personal data as provided for in this Deci-
sion has already started pursuant to the Treaty of 27 May
2005 between the Kingdom of Belgium, the Federal Republic
of Germany, the Kingdom of Spain, the French Republic, the
Grand Duchy of Luxembourg, the Kingdom of the Nether-
lands and the Republic of Austria on the stepping up of
cross-border cooperation, in particular in combating terrorism,
cross-border crime and illegal migration (‘Prüm Treaty’).

deleted

Amendment 51

Article 25, paragraph 3a (new)

Data processed under this Framework Decision shall
3a.
not be transferred or made available to a third country or to
any international organisation.

Amendment 52

Article 26, paragraph 1

1.
Processing of personal data by the receiving Member State
shall be permitted solely for the purposes for which the data
have been supplied in accordance with this Decision. Processing
for other purposes shall be permitted solely with the prior
authorisation of the Member State administering the file and
subject only to the national law of the receiving Member State.
Such authorisation may be granted provided that processing for
such other purposes is permitted under the national law of the
Member State administering the file.

1.
Processing of personal data by the receiving Member State
shall be permitted solely for the purposes for which the data
have been supplied in accordance with this Framework Deci-
sion. Processing for other purposes shall be permitted solely
with the prior authorisation of the Member State administering
the file and subject only to the national law of the receiving
Member State. Such authorisation may be granted provided
that processing for such other purposes is permitted under the
national law of the Member State administering the file and on
a case-by-case basis.

22.5.2008

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Official Journal of the European Union

C 125 E/137

Thursday 7 June 2007

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 53

Article 27

Personal data supplied may be processed only by the authorities,
bodies and courts with responsibility for a task in furtherance of
the aims mentioned in Article 26. In particular, data may be
supplied to other entities only with the prior authorisation of
the supplying Member State and in compliance with the law of
the receiving Member State.

Personal data supplied may be processed only by the authorities,
bodies and courts with responsibility for a task in furtherance of
the aims mentioned in Article 26. In particular, data may be
supplied to other entities only with the prior authorisation of
the supplying Member State on a case-by-case basis and in
compliance with the law of the receiving Member State.

Amendment 54

Article 28, paragraph 2a (new)

2a.
Special categories of data concerning racial or ethnic
origin, political opinions, religious or philosophical beliefs,
party or trade union membership, sexual orientation or health
shall be processed only if absolutely necessary and proportion-
ate for the purpose of a specific case and in compliance with
specific safeguards.

Amendment 55

Article 28, paragraph 3, point (2)

(2)

following the expiry of the maximum period for keeping
data laid down in the national law of the supplying Mem-
ber State where the supplying body informed the receiving
body of those maximum periods at the time of supplying
the data.

(2)

following the expiry of the maximum period of two years,
except in the cases laid down in Articles 14 and 16.

Amendment 56

Article 29, paragraph 2, point (1)

(1) state-of-the-art technical measures are taken to ensure data
protection and data security, in particular data confidential-
ity and integrity;

(1)

the best available technical measures are taken to ensure
data protection and data security, in particular data confi-
dentiality and integrity;

Amendment 57

Article 30, paragraph 2, introductory wording

2.
The following shall apply to automated searches for data
based on Articles 3, 9,12 and automated comparison pursuant
to Article 4:

deleted

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 58

Article 30, paragraph 4

The recorded data shall be protected with suitable mea-
4.
sures against inappropriate use and other forms of improper
use and shall be kept for two years. After the conservation
period the recorded data shall be deleted immediately.

The recorded data shall be protected with suitable mea-
4.
sures against inappropriate use and other forms of improper
use and shall be kept for three years. After the conservation
period the recorded data shall be deleted immediately.

Amendment 59

Article 31, paragraph 1

expense,

in general

1.
At the request of the data subject under national law,
information shall be supplied in compliance with national law
to the data subject upon production of proof of his identity,
comprehensible
without unreasonable
terms and without unacceptable delays, on the data processed
in respect of his person, the origin of the data, the recipient or
groups of recipients, the intended purpose of the processing
and the legal basis for the processing. Moreover, the data sub-
ject shall be entitled to have inaccurate data corrected and
unlawfully processed data deleted. The Member States shall
also ensure that, in the event of violation of his rights in rela-
tion to data protection, the data subject shall be able to lodge
an effective complaint to an independent court or a tribunal
within the meaning of Article 6(1) of the European Convention
on Human Rights or an independent supervisory authority
within the meaning of Article 28 of Directive 95/46/EC of the
European Parliament and of the Council of 24 October 1995
on the protection of individuals with regard to the processing
of personal data and on the free movement of such data and
that he is given the possibility to claim for damages or to seek
another form of legal compensation. The detailed rules for the
procedure to assert these rights and the reasons for limiting the
right of access shall be governed by the relevant national legal
provisions of the Member State where the data subject asserts
his rights.

1.
Information about data collected, data supplied to other
Member States and authorisations concerning those data shall
be dealt with in compliance with national law without unrea-
sonable expense, in general comprehensible terms and without
unacceptable delays. Moreover, the data subject shall be entitled
to have inaccurate data corrected and unlawfully processed data
deleted, of which the data subject shall also be informed.
Member States shall also ensure that, in the event of violation
of his rights in relation to data protection, the data subject shall
be able to lodge an effective complaint to an independent court
or a tribunal within the meaning of Article 6(1) of the Euro-
pean Convention on Human Rights or an independent supervi-
sory authority within the meaning of Article 28 of Directive
95/46/EC of the European Parliament and of the Council of
24 October 1995 on the protection of individuals with regard
to the processing of personal data and on the free movement of
such data and that he is given the possibility to claim for
damages or to seek another form of legal compensation. The
detailed rules for the procedure to assert these rights and the
reasons for limiting the right of access shall be governed by
the relevant national
the Member State
where the data subject asserts his rights.

legal provisions of

Amendment 60

Article 32a (new)

Article 32a

Member States shall adopt suitable measures to ensure the
full
implementation of the provisions of this Chapter and
shall lay down effective, proportionate and dissuasive sanc-
tions to be imposed in the event of infringement thereof, nota-
bly those provisions aimed at ensuring the confidentiality and
security of personal data processing.

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Thursday 7 June 2007

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 61

Article 32b (new)

Article 32b

1.
For the purpose of the supply of data as referred to in
Articles 3, 4, 9, 12, 14 and 16, each Member State shall des-
ignate one or several national contact points.

2.
The powers of the national contact points shall be gov-
erned by the applicable national law. National contact points
shall be available at all times.

3.
The list of all national contact points shall be sent by
each Member State to the other Member States and shall be
published in the Official Journal of the European Union.

Amendment 62

Article 33, paragraph 2

2.
Declarations submitted in accordance with paragraph 1
may be amended at any time by means of a declaration sub-
mitted to the General Secretariat of the Council. The General
forward any declarations
shall
Secretariat of
received to the Member States and the Commission.

the Council

2.
Declarations submitted in accordance with paragraph 1
may be amended at any time by means of a declaration sub-
mitted to the General Secretariat of the Council. The General
forward any declarations
shall
Secretariat of
received to the Member States, the European Parliament and
the Commission.

the Council

Amendment 63

Article 33, paragraph 2a (new)

Declarations,

2a.
in
Article 19(4), shall be published in the Official Journal of
the European Union.

referred

except

those

for

to

Amendment 64

Article 34

The Council shall adopt measures necessary to implement this
Decision at the level of the Union in accordance with the pro-
cedure laid down in the second sentence of Article 34(2)(c) of
the EU Treaty.

The Council shall adopt

1.
after consulting the European Parliament.

implementing measures only

2.
The implementing measures shall also be communicated
to the European Data Protection Supervisor, who may give his
or her opinion thereon.

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TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

AMENDMENTS
BY PARLIAMENT

Amendment 65
Article 35

Each Member State shall bear the operational costs incurred by
its own authorities in connection with the implementation of
this Decision. In special cases, the Member States concerned
may agree on different arrangements.

Each Member State shall bear the operational costs incurred by
its own authorities in connection with the implementation of
this Framework Decision. However, the general budget of the
European Union shall bear the costs relating to the function-
ing of TESTA II (Trans European Services for Telematics
between Administrations) or any other network used to
exchange the data referred to in Chapter 2 of this Framework
Decision.

Amendment 66
Article 36, paragraph 2

2. Member States may conclude or bring into force bilateral
or multilateral agreements or arrangements which concern the
scope of this Decision after it has entered into force in so far as
such agreements or arrangements provide for the objectives of
this Decision to be extended or enlarged.

2. Member States may conclude or bring into force bilateral
or multilateral agreements or arrangements which concern the
scope of this Framework Decision after it has entered into force
in so far as such agreements or arrangements provide for the
this Framework Decision to be extended or
objectives of
enlarged,
this
Framework Decision.

including the data protection objectives of

Amendment 67
Article 36, paragraph 4

4. Member States shall inform the Council and the Commis-
sion within [… years] of entry into force of this Decision of
existing agreements or arrangements within the meaning of the
first paragraph which they wish to continue to apply.

4. Member States shall inform the European Parliament, the
Council and the Commission within [… years] of entry into
force of this Framework Decision of existing agreements or
arrangements within the meaning of the first paragraph which
they wish to continue to apply.

Amendment 68
Article 36, paragraph 5

5. Member States shall also inform the Council and the
Commission of all new agreements or arrangements within the
meaning of paragraph 2 within 3 months of their signing or, in
the case of instruments which were signed before adoption of
this Decision, within three months of their entry into force.

5. Member States shall also inform the European Parliament,
the Council and the Commission of all new agreements or
arrangements within the meaning of paragraph 2 within 3
months of their signing or, in the case of instruments which
this Framework Decision,
were signed before adoption of
within three months of their entry into force.

Amendment 69
Article 37, paragraph 2

2. Member States shall transmit to the General Secretariat of
the Council and the Commission the text of the provisions
transposing into their national law the obligations imposed on

2. Member States shall transmit to the General Secretariat of
the Council the text of the provisions transposing into their
this
national

law the obligations imposed on them under

22.5.2008

EN

Official Journal of the European Union

C 125 E/141

Thursday 7 June 2007

TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC
OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE
KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY
OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE
SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF
FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND
THE KINGDOM OF SWEDEN

them under this Decision. When doing so, each Member State
may indicate that it will apply immediately this Decision in its
relations with those Member States which have given the same
notification.

AMENDMENTS
BY PARLIAMENT

Framework Decision. When doing so, each Member State may
indicate that it will apply immediately this Framework Decision
in its relations with those Member States which have given the
same notification. The General Secretariat of the Council shall
forward the notifications received to the Member States, the
European Parliament and the Commission.

Amendment 70
Article 37a (new)

Article 37a

1.
The Council shall carry out an evaluation of the admin-
istrative, technical and financial application and implementa-
tion of this Framework Decision every two years.

2.
The modalities of the automated searching and compar-
ison of DNA and dactyloscopic data shall be evaluated six
months after the date on which this Framework Decision
takes effect. For vehicle registration data, this first evaluation
shall take place three months after that date.

Evaluation reports shall be transmitted to the European

3.
Parliament and the Commission.

P6_TA(2007)0229

Consultation of the Visa Information System (VIS) *

European Parliament legislative resolution of 7 June 2007 on the proposal for a Council decision
concerning access for consultation of the Visa Information System (VIS) by the authorities of Mem-
ber States responsible for internal security and by Europol for the purposes of the prevention,
serious criminal offences
detection and investigation of

terrorist offences and of other

(COM(2005)0600 — C6-0053/2006 — 2005/0232(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2005)0600) (1),

— having regard to Articles 30(1)(b) and 34(2)(c) of the EU Treaty,

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

(C6-0053/2006),

— having regard to the Protocol integrating the Schengen acquis into the framework of the European

Union, pursuant to which the Council consulted Parliament,

(1) Not yet published in OJ.