CE2009295EN.01010701.xml

4.12.2009

Official Journal of the European Union

CE 295/107

Tuesday 2 September 2008
European 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),

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;

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;

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;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 5 — Title

Purposes of the periodic

meetings of contact points

Plenary

meetings of contact points

Amendment 18

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

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

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

Article 6 — Title

Frequency of plenary meetings

Meetings of the national correspondents

Amendment 22

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

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

Article 8 — Title

Content of the information disseminated

within the European Judicial Network

Information provided

within the European Judicial Network

Amendment 25

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

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

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

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

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

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

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

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

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

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

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

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

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

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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