European Judicial Network * European Parliament legislative resolution of 2 September 2008 on the initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic, with a view to adopting a Council Decision on the European Judicial Network (5620/2008 — C6-0074/2008 — 2008/0802(CNS))
Date: 2008-09-02
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: European judicial area, amendment, consultation procedure, drafting of EU law, fight against crime, judicial cooperation, operation of the Institutions, resolution of parliament, trans-European network








CE2009295EN.01010701.xml










4.12.2009   


EN


Official Journal of the European Union


CE 295/107





Tuesday 2 September 2008European Judicial Network *
P6_TA(2008)0380
European Parliament legislative resolution of 2 September 2008 on the initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic, with a view to adopting a Council Decision on the European Judicial Network (5620/2008 — C6-0074/2008 — 2008/0802(CNS))
2009/C 295 E/36
(Consultation procedure)

The European Parliament,
having regard to the initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic (5620/2008),
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 (C6-0074/2008),
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 (A6-0292/2008),






1.


Approves the initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic as amended;










2.


Calls on the Council to amend the text accordingly;










3.


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 again if it intends to amend the initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic substantially;










5.


Calls on the Council and the Commission, following the entry into force of the Treaty of Lisbon, to give priority to any future proposal to amend the Decision in accordance with Declaration No 50 concerning Article 10 of the Protocol on transitional provisions to be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community;










6.


Is determined to examine any such future proposal by the urgent procedure in accordance with the procedure referred to in paragraph 5 and in close cooperation with national parliaments;










7.


Instructs its President to forward its position to the Council and the Commission, and the governments of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic.










TEXT PROPOSED BY 14 MEMBER STATES


AMENDMENTS





Amendment 1






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Recital 7











(7)


It is necessary to strengthen judicial cooperation between the Member States of the European Union and to allow contact points of the European Judicial Network and Eurojust for this purpose to communicate whenever needed, directly and more efficiently through 
a
 secure telecommunications 
network
,












(7)


It is necessary to strengthen judicial cooperation between the Member States of the European Union and to allow contact points of the European Judicial Network and Eurojust for this purpose to communicate whenever needed, directly and more efficiently through secure telecommunications 
connections
,









Amendment 2






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Recital 7a (new)





 










(7a)





As regards the processing of personal data, Council Framework Decision (…/…/JHA) on the Protection of Personal Data Processed in the Framework of Police and Judicial Cooperation in Criminal Matters

 (1)

, providing for an adequate level of data protection, should apply. Member States should ensure a level of protection of personal data in their national laws at least equivalent to that provided under the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and its Additional Protocol of 8 November 2001 and, in so doing, should take account of Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe to the Member States regulating the use of personal data in the police sector, which also applies where data are not processed automatically.










Amendment 3






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 2 — paragraph 3





3.   Each Member State shall appoint, among the contact points, a national correspondent for the European Judicial Network.


3.   Each Member State shall appoint, among the contact points, a national correspondent for the European Judicial Network
, as well as a national information contact point
.





Amendment 4






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 2 — paragraph 4





4.   Each Member State shall ensure that its contact points have functions in relation to judicial cooperation in criminal matters and an adequate knowledge of a language of the European Union other than its own national language, bearing in mind the need to be able to communicate with the contact points in the other Member States. 
Before appointing a new contact point, the Member States may seek the national correspondents’ opinion.




4.   Each Member State shall ensure that its contact points have functions in relation to judicial cooperation in criminal matters and an adequate knowledge of a language of the European Union other than its own national language, bearing in mind the need to be able to communicate with the contact points in the other Member States. 
When selecting contact points, the Member States shall comply with the criteria set out in the Guidelines for the selection of contact points of the European Judicial Network.







Amendment 5






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 2 — paragraph 4a (new)





 




4a.
   
The Member States shall also ensure that their contact points have sufficient resources to adequately fulfil their tasks as contact points.







Amendment 6






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 2 — paragraph 5





5.   Where the liaison magistrates referred to in Joint Action 96/277/JHA have been appointed in a Member State and have duties analogous to those assigned by Article 4 to the contact points, they shall be linked to the European Judicial Network and to the secure telecommunications 
network
 pursuant to Article 10 by the Member State appointing the liaison magistrate in each case, in accordance with the procedures to be laid down by that State.


5.   Where the liaison magistrates referred to in Joint Action 96/277/JHA have been appointed in a Member State and have duties analogous to those assigned by Article 4 to the contact points, they shall be linked to the European Judicial Network and to the secure telecommunications 
connections
 pursuant to Article 10 by the Member State appointing the liaison magistrate in each case, in accordance with the procedures to be laid down by that State.





Amendment 7






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 2 — paragraph 7





7.   The European Judicial Network shall have a Secretariat which shall be responsible for the administration of the network
, in cooperation and in consultation with the Presidency of the Council. The Secretariat may represent the Network, in consultation with the Presidency
.


7.   The European Judicial Network shall have a Secretariat which shall be responsible for the administration of the network.





Amendment 8






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 3 — point b











(b)


it shall organise periodic meetings of the Member States’ representatives in accordance with the procedures laid down in 
Articles 5, 6 and 7
;












(b)


it shall organise periodic meetings of the Member States’ representatives in accordance with the procedures laid down in 
Articles 5 and 6
;









Amendment 9






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 3 — point c











(c)


it shall constantly provide a certain amount of up-to-date background information, in particular by means of an 
appropriate telecommunications network,
 under the procedures laid down in 
Articles 8, 9 and 10
.












(c)


it shall constantly provide a certain amount of up-to-date background information, in particular by means of an 
IT tool
 under the procedures laid down in 
Articles 8 and 9, as well as provide for secure telecommunications connections in accordance with Article 10.











Amendment 10






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 4 — Title





Functions of contact 
point including
 the national 
correspondent




Functions of 
the
 contact 
points,
 the national 
correspondents and the information contact points







Amendment 11






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 4 — paragraph 1





1.   The contact points
, including the national correspondent,
 shall be active intermediaries with the task of facilitating judicial cooperation between Member States, particularly in action to combat forms of serious crime. They shall be available to enable local judicial authorities and other competent authorities in their own country, contact points in the other countries and local judicial and other competent authorities in the other countries to establish the most appropriate direct contacts.
They may if necessary travel to meet other Member States’ contact points
, on the basis of an agreement between the administrations concerned
.


1.   The contact points shall be active intermediaries with the task of facilitating judicial cooperation between Member States, particularly in action to combat forms of serious crime. They shall be available to enable local judicial authorities and other competent authorities in their own country, contact points in the other countries and local judicial and other competent authorities in the other countries to establish the most appropriate direct contacts.
They may if necessary travel to meet other Member States’ contact points 
in order to allow the exchange of useful experience and problems, especially as regards the functioning of the network in the respective Member States
.





Amendment 12






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 4 — paragraph 2





2.   The contact points
, including the national correspondent,
 shall provide the local judicial authorities in their own country, the contact points in the other countries and the local judicial authorities in the other countries with the legal and practical information necessary to enable them to prepare an effective request for judicial cooperation or to improve judicial cooperation in general.


2.   The contact points shall provide the local judicial authorities in their own country, the contact points in the other countries and the local judicial authorities in the other countries with the legal and practical information necessary to enable them to prepare an effective request for judicial cooperation or to improve judicial cooperation in general.





Amendment 13






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 4 — paragraph 3





3.   At their respective level the contact points
, including the national correspondent,
 shall 
organise
 training sessions on judicial cooperation for the benefit of the competent authorities of their Member State, in cooperation with the European Judicial Training Network.


3.   At their respective level the contact points shall 
be involved in and promote the organisation of
 training sessions on judicial cooperation for the benefit of the competent authorities of their Member State, 
where appropriate
 in cooperation with the European Judicial Training Network.





Amendment 14






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 4 — paragraph 3a (new)





 




3a.
   
The contact points shall improve the coordination of judicial cooperation in cases where a series of requests from the local judicial authorities in a Member State necessitates coordinated action in another Member State.







Amendment 15






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 4 — paragraph 3b (new)





 




3b.
   
The national correspondents, in addition to their tasks as contact points as referred to in paragraphs 1 to 3a, shall:










(a)






be responsible, in their respective Member States, for issues relating to the internal functioning of the network, including the coordination of requests for information and replies issued by the competent national authorities;














(b)






be responsible for contacts with the Secretariat of the European Judicial Network, including participation in the meetings referred to in Article 6;














(c)






where requested by their respective Member States, give an opinion concerning the appointment of new contact points.











Amendment 16






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 4 — paragraph 3c (new)





 




3c.
   
The national information contact points, in addition to their tasks as contact points referred to in paragraphs 1 to 3a, shall ensure that the information relating to their Member States and referred to in Article 8 is provided and updated in accordance with Article 9.







Amendment 17






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 5 — Title







Purposes of the periodic


meetings of contact points




Plenary


meetings of contact points





Amendment 18






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 5 — paragraph 1 — introductory part





1.   The purposes of the 
periodic
 meetings of the European Judicial Network, to which at least 
two
 contact points per Member State shall be invited, shall be as follows:


1.   The purposes of the 
plenary
 meetings of the European Judicial Network, to which at least 
three
 contact points per Member State shall be invited, shall be as follows:





Amendment 19






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 5 — paragraph 2a (new)





 




2a.
   
Plenary meetings shall be held regularly at least three times a year. Once a year the meeting may be held on the premises of the Council in Brussels, in accordance with the provisions laid down in the Council's Rules of Procedure. Two contact points shall be invited to meetings held on the premises of the Council.







Amendment 20






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 5 — paragraph 2b (new)





 




2b.
   
However, alternative meetings may be held in the Member States to enable the contact points of all the Member States to meet the authorities of the host State other than its contact points and visit specific bodies in that State with responsibilities in the field of international judicial cooperation or of the fight against certain forms of serious crime.







Amendment 21






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 6 — Title







Frequency of plenary meetings






Meetings of the national correspondents







Amendment 22






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 6





The 
European Judicial Network plenary, composed of the
 national correspondents, shall meet periodically on an ad hoc basis, at least once a year and as 
its members
 feel the need, at the invitation of the Presidency of the Council, which shall also take account of the Member States’ wishes for the Network to meet.


The national correspondents shall meet periodically, on an ad hoc basis, at least once a year and as 
they
 feel the need, at the invitation of the Presidency of the Council, which shall also take account of the Member States’ wishes for the Network to meet. 
During these meetings, matters related to their tasks under Article 4(3b) shall be discussed, including the issue of how the access to secure telecommunications connections can be optimised and provided for all competent judicial authorities.







Amendment 23






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 7







Article 7




Venue of meetings




1.
   
Meetings may be held on the premises of the Council in Brussels, in accordance with the provisions laid down in the Council's Rules of Procedure.




2.
   
However, alternative meetings in the Member States may be held to enable the contact points of all the Member States to meet authorities of the host State other than its contact points and visit specific bodies in that State with responsibilities in the context of international judicial cooperation or of combating certain forms of serious crime.






deleted







Amendment 24






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 8 — Title







Content of the information disseminated




within
 the European Judicial Network




Information provided




within
 the European Judicial Network





Amendment 25






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 8 — introductory part





The European Judicial Network shall make the following information available to contact points and competent judicial authorities:


The 
Secretariat of the
 European Judicial Network shall make the following information available to contact points and competent judicial authorities:





Amendment 26






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 8 — point 2











(2)




an IT tool
 allowing the issuing authority of a Member State to identify the competent authority in another Member State to receive and execute its request for judicial cooperation, including European Arrest Warrants, European Evidence Warrants, orders for the freezing of assets and requests for mutual legal assistance;












(2)




information
 allowing the issuing authority of a Member State to identify the competent authority in another Member State to receive and execute its request for judicial cooperation, including European Arrest Warrants, European Evidence Warrants, orders for the freezing of assets and requests for mutual legal assistance 
by means of an IT tool
;









Amendment 27






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 10 — paragraph 1 — point b











(b)




a
 secure telecommunications 
network is
 set up for the operational work of the 
contact points of the
 European Judicial Network;












(b)


secure telecommunications 
connections are
 set up for the operational work of the European Judicial Network;









Amendment 28






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 10 — paragraph 1 — point c











(c)


the secure telecommunications 
network makes
 possible the flow of data and of all requests for judicial cooperation between Member States, as well as between them and the national members, national correspondents of Eurojust and liaison magistrates appointed by Eurojust;












(c)


the secure telecommunications 
connections make
 possible the flow of data and of all requests for judicial cooperation between Member States, as well as between them and the national members, national correspondents of Eurojust and liaison magistrates appointed by Eurojust;









Amendment 29






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 10 — paragraph 2





2.   The secure telecommunications 
network
 referred to in paragraph 1 may also be used for their operational work by the national correspondents, national correspondents for terrorist matters, the national members of Eurojust and liaison magistrates appointed by Eurojust. 
It
 may be linked to the Case Management System of Eurojust referred to in Article 16 of Decision 2002/187/JHA.


2.   The secure telecommunications 
connections
 referred to in paragraph 1 may also be used for their operational work by the national correspondents, national correspondents for terrorist matters, the national members of Eurojust and liaison magistrates appointed by Eurojust. 
They
 may be linked to the Case Management System of Eurojust referred to in Article 16 of Decision 2002/187/JHA.





Amendment 30






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 10 — paragraph 2a (new)





 




2a.
   
The use of secure telecommunications connections shall not preclude direct contacts between contact points or between the competent authorities of the Member States.







Amendment 31






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 11 — paragraph 1 — point a











(a)


Eurojust shall have access to centralised information from the European Judicial Network in accordance with Article 8 of this Decision and to the secured 
telecommunication network
 set up under Article 10 of this Decision;












(a)


Eurojust shall have access to centralised information from the European Judicial Network in accordance with Article 8 of this Decision and to the secured 
telecommunications connections
 set up under Article 10 of this Decision;









Amendment 32






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 11 — paragraph 1 — point b











(b)




without prejudice to
 Article 13 of Decision 2002/187/JHA 
and in accordance with Article 4(4) of this Decision
, the contact points of the European Judicial Network shall, on a case-by-case basis, inform Eurojust 
on
 cases 
involving two Member States and entering the field of competence of Eurojust:








—




in cases where conflicts of jurisdiction are likely to arise




or












—




in cases of a refusal of a request for judicial cooperation, including European Arrest Warrants, European Evidence Warrants, orders for the freezing of assets and requests for mutual legal assistance.


















(b)




in addition to the obligation to transmit information to Eurojust stipulated in
 Article 13 of Decision 2002/187/JHA, the contact points of the European Judicial Network shall, on a case-by-case basis, inform 
their national member of
 Eurojust 
of all other
 cases 
with which Eurojust is deemed to be in a better position to deal.











Amendment 33






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 11 — paragraph 1 — point c













(c)





The contact points of the European Judicial Network shall also inform Eurojust, on a case-by-case basis, on all cases entering the field of competence of Eurojust and involving at least three Member States;









deleted







Amendment 34






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 11 — paragraph 1 — point f











(f)


the national members of Eurojust may attend meetings of the European Judicial Network at the latter's invitation. European Judicial Network contact points may 
be invited on a case-by-case basis to attend Eurojust meetings.














(f)


the national members of Eurojust may attend meetings of the European Judicial Network at the latter's invitation. 
Likewise,
 European Judicial Network contact points may 
attend meetings of Eurojust at its invitation.











Amendment 35






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 11a (new)





 




Article 11a




Data protection




1.
   
When personal data are exchanged between the competent authorities or the contact points of the Member States, they shall ensure that:








—




the receiving competent authority processes the data only for the purposes for which the data have been supplied;












—




steps are taken to ensure that personal data are effectively protected against accidental or unauthorised destruction, accidental loss, unauthorised access, unauthorised or accidental alteration and unauthorised disclosure.








2.
   
Specific categories of data (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, party or trade union membership, sexual orientation or health or data relating to offences, criminal convictions or security measures) shall be processed only when it is strictly necessary for the performance of the activities of the European Judicial Network. In that case, additional safeguards shall be put in place, such as:








—




access to the data concerned only for personnel who are responsible for the performance of the legitimate task that justifies the processing;












—




strong encryption for transmission;












—




retention of the data for only as long as necessary for the competent authorities and the contact points to perform their tasks.











Amendment 36






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 12







Article 12




Informing the Council and the Commission




The Administrative Director of Eurojust and the Presidency of the Council shall report to the Council and the Commission in writing every second year on the activities and management, including budgetary management, of the European Judicial Network. To that end, the Presidency shall prepare a bi-annual report on the activities of the European Judicial Network and on any criminal policy problems within the Union highlighted as a result of the European Judicial Network's activities. In that report, the European Judicial Network, through the Presidency, may also make proposals for the improvement of judicial cooperation in criminal matters. The European Judicial Network may also submit any report or any other information on the operation of the European Judicial Network which may be required by the Council or the Presidency.






deleted







Amendment 37






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 15 — Title







Assessment
 of the operation of the European Judicial Network




Reporting to the European Parliament, the Council and the Commission and assessment
 of the operation of the European Judicial Network





Amendment 38






Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic


Article 15





 




1.
   
The European Judicial Network shall report to the European Parliament, the Council and the Commission in writing every second year on its activities and management, including its budgetary management. The European Judicial Network may in its report also indicate any criminal policy problems within the Union highlighted as a result of the European Judicial Network's activities and may also make proposals for the improvement of judicial cooperation in criminal matters.




2.
   
The European Judicial Network may also submit any report or provide any other information on the operation of the European Judicial Network which may be requested by the Council.






The Council shall, every four years, carry out an assessment of the operation of the European Judicial Network on the basis of a report drawn up by the Commission, in cooperation with the European Judicial Network.




3.
   The Council shall, every four years, carry out an assessment of the operation of the European Judicial Network on the basis of a report drawn up by the Commission, in cooperation with the European Judicial Network.






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