P6_TA(2007)0475#Recognition and supervision of suspended sentences, alternative sanctions and conditional sentences *#European Parliament legislative resolution of 25 October 2007 on the initiative of the Federal Republic of Germany and of the French Republic with a view to adopting a Council Framework Decision on the recognition and supervision of suspended sentences, alternative sanctions and conditional sentences (6480/2007 — C6-0129/2007 — 2007/0807(CNS))
Date: 2007-10-25
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: alternative sentence, criminal procedure, disclosure of information, judicial cooperation in criminal matters in the EU

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Has increased the appropriations made available by the Council in the draft budget by EUR 83 058

67.
to maintain its level of development, which represents an increase of 7,10 % over the 2007 budget;

Thursday 25 October 2007

*

*

*

68.
Instructs its President to forward this resolution together with the amendments to Sections I, II, IV, V,
VI, VII, VIII and IX of the draft general budget to the Council, the Commission and the other institutions
and bodies concerned.

P6_TA(2007)0475

Recognition and supervision of suspended sentences, alternative sanctions and
conditional sentences *

European Parliament legislative resolution of 25 October 2007 on the initiative of the Federal
Republic of Germany and of the French Republic with a view to adopting a Council Framework
Decision on the recognition and supervision of suspended sentences, alternative sanctions and
conditional sentences (6480/2007 — C6-0129/2007 — 2007/0807(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative of

the Federal Republic of Germany and of

the French Republic

(6480/2007) (1),

— having regard to Article 31(1)(a) and (c) and 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

(C6-0129/2007),

— 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

(A6-0356/2007),

1.

2.

3.

Approves the initiative of the Federal Republic of Germany and by the French Republic as amended;

Calls on the Council to amend the text accordingly;

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

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

4.
Republic of Germany and by the French Republic substantially;

Instructs its President to forward its position to the Council and the Commission, and to the govern-

5.
ments of the Federal Republic of Germany and of the French Republic.

(1) OJ C 147, 30.6.2007, p. 1.

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TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 1

Title

Initiative of the Federal Republic of Germany and of the French
Republic with a view to adopting a Council Framework Deci-
sion on the recognition and supervision of suspended sentences,
alternative sanctions and conditional sentences

Initiative of the Federal Republic of Germany and of the French
Republic with a view to adopting a Council Framework Deci-
sion on the
supervision and execution of
suspended sentences, alternative sanctions and conditional
sentences

recognition,

Amendment 2

Recital 5

(5)
This Framework Decision respects fundamental rights and
adheres to the principles recognised in Article 6 of the Treaty on
European Union, which are also expressed in the Charter of
Fundamental Rights of the European Union, especially in Chap-
ter VI thereof. No provision of this Framework Decision should
be interpreted as prohibiting refusal to recognise a judgment
and/or supervise a suspensory measure or alternative sanction
if there are objective indications that the suspensory measure
or alternative sanction was imposed to punish a person because
of his or her sex, race, religion, ethnic origin, nationality, lan-
guage, political convictions or sexual orientation or that this
person might be disadvantaged for one of these reasons.

(5)
This Framework Decision respects fundamental rights and
adheres to the principles recognised in Article 6 of the Treaty on
European Union, which are also expressed in the Charter of
Fundamental Rights of the European Union, especially in Chap-
ter VI thereof. No provision of this Framework Decision should
be interpreted as prohibiting refusal to recognise a judgment
and/or supervise a suspensory measure or alternative sanction
if there are objective indications that the suspensory measure
or alternative sanction was imposed in clear infringement
of the fundamental rights laid down in the European Union
treaties.

Amendment 3

Recital 6

This Framework Decision should not prevent any Mem-
(6)
ber State from applying its constitutional rules relating to enti-
tlement to due process, freedom of association, freedom of the
press and freedom of expression in other media.

This Framework Decision should not prevent any Mem-
(6)
ber State from applying its constitutional rules relating to enti-
tlement to due process, freedom of association, freedom of the
press and freedom of expression in other media and, in general,
any constitutional rules relating to fundamental rights whose
scope is not incompatible with the way in which measures are
implemented.

Amendment 4

Recital 8

(8)
The aim of mutual recognition and supervision of sus-
pended sentences, alternative sanctions and conditional sen-
tences in the executing State is to enhance the prospects of the
sentenced person's being re-integrated into society, by enabling
him to preserve family, linguistic, cultural and other ties, but
also to improve monitoring of compliance with suspensory
measures and alternative sanctions, with a view to preventing
recidivism, thus paying due regard to the protection of victims.

(8)
The aim of mutual recognition and supervision of sus-
pended sentences, alternative sanctions and conditional sen-
tences in the executing State is to enhance the prospects of the
sentenced person's being re-integrated into society, by enabling
him to preserve family, linguistic, cultural and other ties, but
also to improve monitoring of compliance with suspensory
measures and alternative sanctions, with a view to preventing
recidivism, thus paying due regard to the protection of victims
and the defence of society in general.

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BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 5

Recital 9

(9)
To ensure the effective exchange of information concern-
ing all circumstances relevant to the suspension of sentences,
Member States are encouraged to include provisions in their
national legislation enabling them to assume the responsibility
for the supervision of suspensory measures and alternative
sanctions to be documented in their national registers.

(9)
To ensure the effective exchange of information concern-
ing all circumstances relevant to the suspension of sentences,
Member States are encouraged to include provisions in their
national legislation enabling them to assume the responsibility
for the supervision of suspensory measures, alternative sanc-
tions and conditional sentences to be documented in their
national registers.

Amendment 6

Article 1, paragraph 1

1.
The objective of this Framework Decision is, with a view
to facilitating the social re-integration of sentenced persons and
improving the protection of victims, to lay down the rules
according to which one Member State supervises suspensory
measures imposed on the basis of a judgment which was
issued in another Member State, or alternative sanctions con-
tained in such a judgment and takes all other decisions relat-
ing to the execution of that judgment, insofar as this falls
within its competence.

1.
This Framework Decision seeks to facilitate the social re-
integration of sentenced persons, to improve the protection of
victims and society and to facilitate the application of appro-
priate suspended sentences, alternative sanctions and condi-
tional sentences in the case of offenders who are not resident
in the sentencing State. With a view to achieving these objec-
tives, this Framework Decision lays down rules pursuant to
which the Member State in which the sentenced person has
his lawful and ordinary residence must recognise the judg-
ments passed in another Member State and supervise and exe-
cute suspended sentences, alternative sanctions and condi-
tional sentences.

Amendment 7

Article 1, paragraph 2

This Framework Decision shall apply only to the recogni-
2.
tion of
judgments and the transfer of responsibility for the
supervision of suspensory measures and alternative sanctions
and all other judicial decisions provided for in this Framework
Decision. This Framework Decision shall not apply to the execu-
tion of judgments in criminal cases imposing custodial sen-
tences or measures involving deprivation of liberty which fall
within the scope of Council Framework Decision 2007/…/JHA.
Recognition and execution of financial penalties and confisca-
tion orders are governed by the legal
instruments applicable
between Member States, in particular Council Framework Deci-
sion 2005/214/JHA of 24 February 2005 on the application of
the principle of mutual recognition to financial penalties and
Council Framework Decision 2006/783/JHA of 6 October
2006 on the application of the principle of mutual recognition
to confiscation orders.

This Framework Decision shall apply only to the recogni-
2.
tion of
judgments and the transfer of responsibility for the
supervision and execution of suspended sentences, alternative
sanctions and conditional sentences, and all other subsequent
decisions provided for in this Framework Decision. This Frame-
work Decision shall not apply to the execution of judgments in
criminal cases imposing custodial sentences or measures invol-
ving deprivation of liberty which fall within the scope of Coun-
cil Framework Decision 2007/…/JHA. Recognition and execu-
tion of financial penalties and confiscation orders are governed
by the legal instruments applicable between Member States, in
particular Council Framework Decision 2005/214/JHA of
24 February 2005 on the application of the principle of mutual
recognition to financial penalties and Council Framework Deci-
sion 2006/783/JHA of 6 October 2006 on the application of
the principle of mutual recognition to confiscation orders.

Amendment 8

Article 2, point (b) (ii)

(ii) after part of the custodial sentence or measure involving
deprivation of liberty has been served (conditional release/
parole);

(ii) after part of the custodial sentence or measure involving
deprivation of liberty has been served (conditional release/
parole decision), with the imposition of one or more sus-
pensory measures;

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AMENDMENTS
BY PARLIAMENT

Amendment 9

Article 2, point (c)

(c)

‘alternative sanction’ shall mean an obligation or instruc-
tion, imposed as an independent sanction, which is not a
custodial sentence, a measure involving deprivation of lib-
erty or a financial penalty;

(c)

‘alternative sanction’ shall mean an obligation or instruc-
tion, imposed as an autonomous sanction, which does not
constitute a deprivation of liberty or involve the payment
of a sum of money;

Amendment 10

Article 2, point (d)

(d)

‘conditional sentence’ shall mean a decision by a court in
which the imposition of a sentence has been conditionally
suspended by imposing one or more suspensory measures;

(d)

‘conditional sentence’ shall mean a decision by a court in
which the imposition of a sentence has been conditionally
suspended, with the imposition of one or more suspensory
measures;

Amendment 11

Article 2, point (g)

(g)

‘executing State’ shall mean the Member State in which the
suspensory measures and alternative sanctions are super-
vised and in which all other decisions relating to the execu-
tion of the judgment are taken, insofar as it has assumed
competence to do so.

(g)

‘executing State’ shall mean the Member State in which the
suspensory measures and alternative sanctions are super-
vised and in which all other decisions relating to the execu-
tion of suspended sentences, alternative sanctions and
conditional sentences are taken, following a decision pur-
suant to Article 7.

Amendment 12

Article 2, point (ga) (new)

(ga)

‘lawful and ordinary residence’ shall mean the place in
which the individual concerned has established the per-
manent centre of his interests, which must be determined
on the basis of all the relevant facts.

Amendment 13

Article 3

This Framework Decision shall not have the effect of modifying
the obligation to respect fundamental rights and fundamental
legal principles as enshrined in Article 6 of the Treaty on Euro-
pean Union.

This Framework Decision shall not have the effect of modifying
the duty to respect fundamental rights and fundamental legal
principles as enshrined in Article 6 of the Treaty on European
Union and in the Member States' constitutions.

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AMENDMENTS
BY PARLIAMENT

Amendment 14

Article 4, paragraph 1

1.
Each Member State shall inform the General Secretariat of
the Council which judicial authority or authorities, under its
national
to act according to this
Framework Decision in the situation where that Member State
is the issuing State or the executing State.

legislation, are competent

1.
Each Member State shall inform the General Secretariat of
the Council which authority or authorities, under its national
legislation, are competent to act according to this Framework
Decision in the situation where that Member State is the issuing
State or the executing State. The list of competent authorities
shall be published in the Official Journal of the European
Union.

Amendment 15

Article 5, paragraph 1, introductory part

A judgment that contains one or more of the following
1.
suspensory measures or alternative sanctions may be trans-
ferred to another Member State, in which the sentenced person
is lawfully and ordinarily resident, for the purpose of recogni-
tion and supervision of those measures and sanctions:

A judgment or decision granting conditional release that
1.
contains one or more of the following suspensory measures,
obligations or instructions may be transferred to another Mem-
ber State, in which the sentenced person is lawfully and ordina-
rily resident, for the purpose of recognition and supervision of
those measures or obligations or instructions. The certificate
referred to in Article 6 may,
supervision purposes,
include one or more of the suspensory measures, obligations
or instructions contained in a judgment:

for

Amendment 16

Article 5, paragraph 1, point (a)

(a)

an obligation for the sentenced person to inform the com-
petent authority in the executing State of any change of
residence;

(a)

an obligation for the sentenced person to inform the com-
petent authority in the executing State of any change of
residence or place of work or study;

Amendment 17

Article 5, paragraph 1, point (b)

(b) an obligation not to leave or enter certain localities in the
issuing or executing State without permission, and other
orders relating to life-style, residence, education and train-
ing, professional activity or leisure activities;

(b) an obligation not to enter certain localities in the issuing or
executing State without permission, and other orders relat-
ing to life-style, residence, education and training, profes-
sional activity or leisure activities;

Amendment 18

Article 5, paragraph 1, point (e)

(e)

an obligation to compensate for the prejudice caused by the
offence;

(e)

an obligation to compensate for the prejudice caused by the
offence and to notify the executing State's competent
authority that this obligation has been fulfilled;

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AMENDMENTS
BY PARLIAMENT

Amendment 19
Article 5, paragraph 1a (new)

1a.
For the purposes of this Framework Decision, the per-
son standing trial must be heard before the judgment or the
decision granting conditional release is transmitted.

Amendment 20
Article 5, paragraph 3

Apart from the measures and sanctions referred to in
3.
referred to in Article 6 shall
paragraph 1,
include only such measures or sanctions as notified by the
executing State concerned in accordance with paragraph 2.

certificate

the

the

Apart from the measures and sanctions referred to in
3.
referred to in Article 6 shall
paragraph 1,
include only such suspensory measures or obligations or
instructions as notified by the executing State concerned in
accordance with paragraph 2.

certificate

Amendment 21
Article 6, paragraph 1

1.
The judgment or a certified copy of it, together with a
certificate, the standard form for which is set out in Annex I,
shall be forwarded by the competent judicial authority in the
issuing State directly to the competent judicial authority in the
executing State by any means which leaves a written record
under conditions allowing the executing State to establish their
authenticity. The original of the judgment, or a certified copy of
it, and the original of the certificate, shall be sent to the execut-
ing State if it so requires. All official communications shall also
be made directly between the said competent judicial authori-
ties.

1.
The certificate, the standard form for which is set out in
Annex I, together with the judgment (or a certified copy
thereof) and, where relevant, the decision granting conditional
release, shall be forwarded by the competent judicial authority
in the issuing State directly to the competent judicial authority
in the executing State by any means which leaves a written
record under conditions allowing the executing State to estab-
lish their authenticity. The original of the judgment, or a certi-
fied 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 judicial
authorities.

Amendment 22
Article 6, paragraph 3

3.
The competent judicial authority in the issuing State shall
forward the judgment together with the certificate only to one
executing State at any one time.

3.
The competent judicial authority in the issuing State shall
forward the judgment together with the certificate (and any
decision granting conditional release) only to one executing
State at any one time.

Amendment 23
Article 6, paragraph 5

5. When a judicial authority in the executing State which
receives a judgment together with a certificate has no compe-
tence to recognise it, it shall, ex officio, forward the judgment
together with the certificate to the competent judicial authority.
That competent judicial authority in the executing State shall
immediately inform the competent judicial authority in the issu-
ing State, by any means which leaves a written record, that the
judgment and the certificate have been forwarded to it.

5. When a judicial authority in the executing State which
receives a judgment together with a certificate (and any deci-
sion granting conditional release) has no competence to recog-
nise it, it shall, ex officio, forward the judgment together with
the certificate to the competent judicial authority. That compe-
tent judicial authority in the executing State shall immediately
inform the competent judicial authority in the issuing State, by
any means which leaves a written record, that the judgment and
the certificate have been forwarded to it.

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BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 24

Article 7, paragraph 1

1.
The competent judicial authority in the executing State
shall recognise the judgment forwarded in accordance with the
procedure laid down in Article 6 and immediately take all
necessary measures for the supervision of the suspensory mea-
sures and alternative sanctions, unless it decides to invoke one
of the grounds for refusing to recognise and take over super-
vision of the judgment referred to in Article 9.

1.
The competent judicial authority in the executing State
shall recognise the judgment forwarded in accordance with the
procedure laid down in Article 6 and immediately take all
necessary measures for the supervision of the suspensory mea-
sures and the obligations and instructions which constitute the
the
alternative sanction, unless it decides to invoke one of
grounds for refusing to recognise and supervise the judgment
referred to in Article 9.

Amendment 25

Article 7, paragraph 2

2.
If the nature or duration of the suspensory measures or
alternative sanctions are incompatible with the statutory provi-
sions of the executing State, the competent judicial authority in
that State may adapt them in line with the suspensory measures
and alternative sanctions which are provided for, under the law
of
for offences of the same kind. The
adapted suspensory measure or alternative sanction shall corre-
spond as far as possible to that imposed in the issuing State.

the executing State,

2.
If the duration of the suspensory measures or alternative
sanctions is incompatible with the statutory provisions of the
executing State, the competent judicial authority in that State
may adapt it in line with the suspensory measures and the obli-
gations and instructions that constitute the existing alternative
sanctions which are provided for, under the law of the executing
State, for similar offences. The adapted suspensory measure or
alternative sanction shall correspond as far as possible to that
imposed in the issuing State.

Amendment 26

Article 7, paragraph 3a (new)

3a.
Should suspensory measures or alternative sanctions be
adapted pursuant to paragraph 2, the competent judicial auth-
ority in the executing State shall notify the competent judicial
authority in the issuing State of that decision without delay.
Following receipt of such a notification the competent judicial
authority in the issuing State may decide to withdraw the cer-
tificate and the judgment (and also, if appropriate, the deci-
sion granting conditional release). In such cases, the person
sentenced shall be guaranteed the right to a hearing.

Amendment 27

Article 9, paragraph 1, introductory part

1.
The competent judicial authority in the executing State
may refuse to recognise the judgment and to assume responsi-
bility for supervising suspensory measures and alternative sanc-
tions if:

1.
The competent judicial authority in the executing State
may refuse to recognise the judgment (or, if appropriate, the
decision granting conditional release) and to assume responsi-
bility for
supervising suspensory measures and alternative
sanctions if:

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AMENDMENTS
BY PARLIAMENT

Amendment 28

Article 9, paragraph 1, point (a)

(a)

the certificate referred to in Article 6 is incomplete or
obviously does not correspond to the judgment and is not
completed or corrected within a reasonable period set by
the competent judicial authority in the executing State;

(a)

the certificate referred to in Article 6 is incomplete or
obviously does not correspond to the judgment or the
decision granting conditional release and is not completed
or corrected within a reasonable period set by the compe-
tent judicial authority in the executing State;

Amendment 29

Article 9, paragraph 1, point (b)

(b)

the criteria laid down in Article 5 are not met;

(b)

the criteria laid down in Article 5 are not met (including
— but not limited to — the requirement of lawful and
ordinary residence in the executing State);

Amendment 30

Article 9, paragraph 1, point (e)

(e) prosecution, or the execution of a sentence, is already sta-
tute-barred under the law of the executing State and relates
to an act which falls within the competence of the execut-
ing State under its national law;

(e)

the sentence is already statute-barred under the law of the
executing State;

Amendment 31

Article 9, paragraph 1, point (i)

(i)

the judgment provides for medical/therapeutic treatment
which, notwithstanding the provisions of Article 7(2), the
executing State is unable to supervise in view of its legal
or healthcare system; or

(i)

the judgment or possibly the decision granting conditional
release provides for medical/therapeutic treatment which,
notwithstanding the provisions of Article 7(2), the execut-
ing State is unable to supervise in view of its healthcare
system; or

Amendment 32

Article 9, paragraph 1, point (j)

(j)

in the case referred to in Article 13(1), no agreement can
be reached on adaptation of suspensory measures or alter-
native sanctions.

deleted

Amendment 33

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

(ja) the certificate or judgment includes measures which are
not listed or accepted under Article 5(1) and (2) of this
Framework Decision.

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AMENDMENTS
BY PARLIAMENT

Amendment 34

Article 9, paragraph 2

2.
Before the competent judicial authority in the executing
State decides, in the cases referred to in paragraph 1, to refuse
to recognise the judgment and to assume responsibility for
supervising suspensory measures and alternative sanctions,
it
shall communicate, by appropriate means, with the competent
judicial authority in the issuing State and, as necessary, request
information
immediately to supply all additional
the latter
required.

Before the competent judicial authority in the executing
2.
in the cases referred to in paragraph 1(a), (b),
State decides,
(c), (h) and (i), not to recognise the judgment (or if appropriate
the decision granting conditional release) and to assume
responsibility for supervising suspensory measures and alterna-
tive sanctions, it shall communicate, by appropriate means, with
the competent judicial authority in the issuing State and, as
necessary, request the latter immediately to supply all additional
information required.

Amendment 35

Article 10, paragraph 1

1.
The competent judicial authority in the executing State
shall decide, within 10 days after receipt of the judgment and
the certificate, whether to recognise the judgment and assume
responsibility for supervising the suspensory measures and alter-
immediately inform the competent
native sanctions.
judicial authority in the issuing State, by any means which
leaves a written record, of its decision. Reasons must be given
for refusing to recognise the judgment and for refusing to
assume responsibility for supervision.

It shall

1.
The competent judicial authority in the executing State
shall decide, within 30 days after receipt of the judgment and
the certificate, whether to recognise the judgment and assume
responsibility for supervising the suspensory measures and alter-
immediately inform the competent
native sanctions.
judicial authority in the issuing State, by any means which
leaves a written record, of its decision. Reasons must be given
for refusing to recognise the judgment and for refusing to
assume responsibility for supervision.

It shall

Amendment 36

Article 10, paragraph 2

2.
If it is not possible, in a specific case, for the competent
judicial authority in the executing State to comply with the
time-limit laid down in paragraph 1, it shall immediately inform
the competent judicial authority in the issuing State, by any
means of its choosing, giving reasons for the delay and indicat-
ing how long it expects to take to issue a final decision.

2.
If it is not possible, in an exceptional case, for the compe-
tent judicial authority in the executing State to comply with the
time-limit laid down in paragraph 1, it shall immediately inform
the competent judicial authority in the issuing State, by any
means of its choosing, giving reasons for the delay and indicat-
ing how long it expects to take to issue a final decision.

Amendment 37

Article 11

The supervision of suspensory measures and alternative sanc-
tions shall be governed by the law of the executing State.

The supervision of suspensory measures and of the obligations
and instructions which constitute alternative sanctions shall be
governed by the law of the executing State.

Amendment 38

Article 12, paragraph 1

1.
The competent judicial authority in the executing State
shall have jurisdiction to take all subsequent decisions relating
to the suspended sentence, alternative sanction or conditional
sentence, such as the modification of suspensory measures, the

1.
The competent authority in the executing State shall have
jurisdiction to take all subsequent decisions relating to the sus-
pended sentence, alternative sanction, conditional sentence or
conditional release, such as the modification of suspensory

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AMENDMENTS
BY PARLIAMENT

revocation of suspension, sentencing in the case of a conditional
sentence, or remission. The law of the executing State shall
apply to the aforementioned decisions and to all subsequent
consequences of the judgment.

measures, the revocation of suspension, sentencing in the case
of a conditional sentence or the revocation thereof, or lapse.
The law of the executing State shall apply to the aforementioned
decisions and to all subsequent consequences of the judgment.

Amendment 39

Article 12, paragraph 2

2.
The competent judicial authority in the issuing State may
reserve competence to take all subsequent decisions relating to
conditional sentences. In this case the law of the issuing State
shall apply to all subsequent consequences of the judgment.

2.
The competent authority in the issuing State may reserve
competence to take all subsequent decisions relating to condi-
tional sentences. In this case the law of the issuing State shall
apply to all the decisions referred to in paragraph 1 and to all
subsequent consequences of the judgment.

Amendment 40

Article 12, paragraph 3

3. When transposing this Framework Decision, any Member
State may indicate that as executing State it may, in individ-
ual cases, refuse to assume responsibility provided for in para-
graph 1. In these cases, the decision shall be taken and notifica-
tion effected in accordance with the procedure laid down in
Article 10. This shall not affect the obligation laid down in Arti-
cle 7(1).

3. When adopting this Framework Decision or subsequently
at the time of transposition and by means of a statement
lodged with the General Secretariat of the Council, each Mem-
ber State may indicate that, as executing State and in the
categories of cases to be specified by that Member State, it
refuses to assume responsibility provided for in paragraph 1. In
these cases, the decision shall be taken (and reasons given) and
notification effected in accordance with the procedure laid down
in Article 10. This shall not affect the obligation laid down in
Article 7(1). That statement by a Member State may be with-
drawn at any time. The statements or the withdrawal thereof
shall be published in the Official Journal of the European
Union.

Article 13

Amendment 41

Article 13

deleted

Consultations between the competent judicial authorities

1.
If the competent judicial authority in the executing State
intends to make adaptations as provided for in Article 7(2)
and (3), it shall first consult the competent judicial authority
in the issuing State on the adapted suspensory measures or
alternative sanction.

2. When forwarding the judgment and the certificate as
provided for in Article 6, the competent judicial authority in
the issuing State may waive the consultations referred to in
paragraph 1. In that case, any adaptations made by the com-
petent judicial authority in the executing State in accordance
with Article 7(2) and (3) shall subsequently be notified to the
competent judicial authority of the issuing State.

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Official Journal of the European Union

C 263 E/611

Thursday 25 October 2007

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 42
Article 14, title

Obligations of
State has jurisdiction for all further decisions

the authorities involved where the executing

Obligations of
State has jurisdiction for all subsequent decisions

the authorities involved where the executing

Amendment 43
Article 14, paragraph 1, point (a)

(a) modification of
sanction;

the suspensory measures or alternative

(a) alternative sanctions and modification of the suspensory

measures;

Amendment 44
Article 14, paragraph 1, point (b)

(b)

revocation of the suspension of the sentence;

(b)

revocation of the suspended sentence or the conditional
sentence;

Amendment 45
Article 14, paragraph 1, point (c)

(c)

imposition of a sentence in the case of a conditional
sentence;

(c)

sentencing in the case of a conditional sentence;

Amendment 46
Article 14, paragraph 1, point (d)

(d)

lapsing of the suspensory measures or alternative sanction.

(d)

lapsing of the suspended sentence, conditional sentence or
alternative sanction.

Amendment 47
Article 14, paragraph 1a (new)

In cases where suspended sentences, conditional sen-
(1a)
tences or alternative sanctions are revoked,
the executing
State shall be responsible for executing the custodial sentence
imposed in the judgment, except in the cases provided for in
Article 12(2) and (3).

Amendment 48
Article 14, paragraph 2

The competent judicial authority in the issuing State shall
2.
immediately inform the competent
judicial authority in the
executing State, by any means which leaves a written record, of
any circumstances or findings which, in its opinion, could entail
revocation of the suspension of the sentence or modification of
the suspensory measures or alternative sanction.

The competent judicial authority in the issuing State shall
2.
immediately inform the competent
judicial authority in the
executing State, by any means which leaves a written record, of
any circumstances or findings which, in its opinion, could entail
revocation of the suspension of the sentence or the conditional
sentence or modification of the suspensory measures or the
alternative
obligations
sanction.

instructions which constitute

or

C 263 E/612

Official Journal of the European Union

EN

16.10.2008

Thursday 25 October 2007

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 49

Article 14, paragraph 2a (new)

2a.
A person must be heard by the judicial authorities
before being sentenced in the case of a conditional sentence
or if the suspension of the sentence is revoked, in order to
ensure that the fundamental principle that defendants must
be heard is upheld.

Amendment 50

Article 15, title

Obligations of the authorities involved where the issuing State
has jurisdiction for all further decisions

Obligations of the authorities involved where the issuing State
has jurisdiction for all subsequent decisions

Amendment 51

Article 15, paragraph 1, introductory part

1.
If the competent judicial authority in the issuing State has
jurisdiction for all further decisions in accordance with Arti-
cle 12(2) and (3), the competent judicial authority in the execut-
ing State shall immediately notify it of:

1.
If the competent judicial authority in the issuing State has
jurisdiction for all subsequent decisions in accordance with
Article 12(2) and (3), the competent judicial authority in the
executing State shall immediately notify it of:

Amendment 52

Article 15, paragraph 1, point (a)

(a) any breach of a suspensory measure or alternative sanction;

and

(a) a breach of a suspensory measure or the obligations and
instructions which constitute an alternative sanction; and

Amendment 53

Article 15, paragraph 1, point (b)(i)

(i)

is liable to entail modification of the suspensory measures
or alternative sanction,

(i)

is liable to entail modification of the suspensory measures
or the obligations or instructions which constitute an
alternative sanction,

Amendment 54

Article 15, paragraph 1, point (b)(ii)

(ii)

is relevant to the imposition of a sentence in the case of a
conditional sentence, or

(ii)

is relevant to sentencing in the case of a conditional sen-
tence, or

16.10.2008

EN

Official Journal of the European Union

C 263 E/613

Thursday 25 October 2007

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 55

Article 15, paragraph 1, point (b) (iii)

(iii) could result
sentence.

in revocation of

the suspension of

the

(iii) could result in revocation of the suspension of the sentence

and the conditional sentence.

Amendment 56

Article 15, paragraph 3

3.
Before a decision is taken on the imposition of a sentence
in the case of a conditional sentence or on the revocation of the
suspension of a sentence, the sentenced person must be given a
judicial hearing. If appropriate, this requirement may be met
according to the procedure provided for in Article 10 of the
Convention of 29 May 2000 on Mutual Assistance in Crim-
inal Matters between the Member States of the European
Union.

3.
Before a decision is taken on sentencing in the case of a
conditional sentence or on the revocation of the suspension of
a sentence, the sentenced person must be heard by the judicial
authorities in order to ensure that the fundamental principle
that defendants must be heard is upheld.

Amendment 57

Article 15, paragraph 4, point (a)

(a) modification of

the suspensory measures or alternative

sanction;

(a) modification of

the
obligations or instructions which constitute an alternative
sanction;

suspensory measures or of

the

Amendment 58

Article 15, paragraph 4, point (b)

(b)

revocation of the suspension of sentence;

(b)

revocation of the suspension of sentence and of the condi-
tional sentence;

Amendment 59

Article 15, paragraph 4, point (c)

(c)

imposition of a sentence in the case of a conditional sen-
tence;

(c)

sentencing in the case of a conditional sentence;

Amendment 60

Article 15, paragraph 4, point (d)

(d)

lapsing of the suspensory measures or alternative sanction.

(d)

lapsing of the suspended sentence, conditional sentence or
alternative sanction.

C 263 E/614

Official Journal of the European Union

EN

16.10.2008

Thursday 25 October 2007

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 61
Article 15, paragraph 4a (new)

4a.
Any modification of a suspensory measure or of the
obligations or instructions which constitute alternative sanc-
tions by the issuing State's competent judicial authority must
be carried out with due regard to Article 5. In the event of
a modification,
the executing State's competent authority
may opt to take a fresh decision pursuant to Article 7(2) or
Article 9(1)(i).

Amendment 62
Article 15, paragraph 5

5.
In the event of the imposition of a sentence or the revoca-
tion of the suspension of a sentence, the competent judicial
authority of the issuing State shall at the same time inform the
competent judicial authority of the executing State whether it
intends to forward to the executing State:

5.
In the event of the imposition of a sentence or the revoca-
tion of the suspension of a sentence, the competent judicial
authority of the issuing State shall at the same time inform the
competent judicial authority of the executing State that there
is no longer any need for supervision of the suspensory
measures.

Amendment 63
Article 15, paragraph 5, point (a)

(a) a judgment and certificate as provided for in Council
Framework Decision 2007/…/JHA for the purpose of
taking over responsibility for enforcement of the measure
involving deprivation of liberty; or

deleted

Amendment 64
Article 15, paragraph 5, point (b)

(b) a European arrest warrant for the purpose of surrender of
the sentenced person in accordance with Council Frame-
work Decision 2002/584/JHA of 13 June 2002 on the
European arrest warrant and the surrender procedures
between Member States

deleted

Amendment 65
Article 15, paragraph 6

6.
If the obligation to execute suspensory measures or alter-
native sanctions has lapsed, the competent authority of the
executing State shall end the measures ordered as soon as it
has been duly notified by the competent authority of the issu-
ing State.

6.
When it is notified by the competent authority of the
issuing State pursuant to paragraph 5, the competent auth-
ority of
the executing State shall end the supervision and
execution of suspensory measures.

Amnesty and pardon

Amnesty, pardon and judgment review

Amendment 66
Article 16, title

16.10.2008

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Official Journal of the European Union

C 263 E/615

Thursday 25 October 2007

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY AND
BY THE FRENCH REPUBLIC

AMENDMENTS
BY PARLIAMENT

Amendment 67
Article 16, paragraph 1a (new)

Only the issuing State can take a decision regarding requests
for review of judgments involving suspended sentences, alter-
native sanctions and conditional sentences, the supervision
and execution of which are covered by this Framework Deci-
sion.

Amendment 68
Article 17

If the sentenced person leaves the executing State and estab-
lishes his or her lawful and ordinary residence in another
Member State, the competent judicial authority of the executing
State shall transfer jurisdiction in respect of the supervision of
the suspensory measures and alternative sanctions and in
respect of all further decisions relating to the execution of the
judgment to the competent judicial authority of
the issuing
State.

If the sentenced person leaves the executing State or ceases to
have a lawful and ordinary residence in the executing State,
the competent judicial authority of the executing State shall
transfer jurisdiction in respect of the supervision of the suspen-
sory measures and the obligations or instructions which con-
stitute alternative sanctions and in respect of all further deci-
sions relating to the execution of the judgment (or if appropri-
ate the decision granting conditional release) to the competent
judicial authority of the issuing State.

Amendment 69
Article 17, paragraph 1a (new)

The transfer of jurisdiction referred to in paragraph 1 must
also take place if the issuing State issues a request to that
effect to the competent judicial authority of the executing
further criminal proceedings
State on the grounds that
against the person are taking place in the issuing State.