The draft was amended as follows:

Council Draft(1)   Amendments by Parliament (Amendment 80) Draft Convention, preamble, Recital 2 DESIRING to improve judicial cooperation in criminal matters between the Member States of the Union, WISHING to improve judicial cooperation in criminal matters between the Member States of the Union, without prejudice to the rules protecting individual freedom, (Amendment 2) Draft Convention, preamble, Recital 3 POINTING OUT that the Member States have a common interest in ensuring that mutual assistance between the Member States is provided in a fast and efficient manner compatible with the basic principles of their national law, including the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, POINTING OUT the Member States' common interest in ensuring mutual assistance compatible with the basic principles of their national law, which is rapid and effective and complies with the individual rights and principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, (Amendment 3) Draft Convention, preamble, Recital 3a (new) BEARING IN MIND in particular that the rights of the defence and the right to a fair trial are basic principles which must be protected at European level through specific and binding instruments, (Amendment 4) Draft Convention, preamble, Recital 4 EXPRESSING their confidence in the structure and functioning of their legal systems and in the ability of all Member States to guarantee a fair trial, CONSIDERING that there are great differences between the legal systems of the Member States and the ways in which general legal principles are actually applied and that there is a need to approximate those legal systems so that the judicial system as a whole is more effective and ensures greater compliance with individual rights, (Amendment 5) Draft Convention, preamble, Recital 4a (new) CALLING on the Member States constantly to improve their respective legal orders and legal systems so as to eliminate factors causing delays, inefficiencies and violations of the European Convention on Human Rights and ensure respect for human rights and fundamental freedoms and in particular the rights of the defence and the right to a fair trial, (Amendment 6) Draft Convention, preamble, Recital 5 TAKING INTO ACCOUNT the importance of concluding a Convention between the Member States of the European Union to supplement the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and other Conventions in force in this area, RESOLVED to conclude a Convention between the Member States of the European Union that will supplement the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and other Conventions in force in this area, (Amendment 7) Draft Convention, preamble, Recital 6 CONSIDERING that the provisions of those Conventions remain applicable for all matters not covered by this Convention, RECOGNISING that the provisions of those Conventions remain applicable for all matters not covered by this Convention, (Amendment 8) Draft Convention, preamble, Recital 7 CONSIDERING that the Member States attach importance to strengthening judicial cooperation, while continuing to apply the principle of proportionality, CONSIDERING the interests of the Member States and the need to ensure that, also within the context of mutual assistance in judicial matters, the means used to combat an infringement of the law are in proportion to the infringement itself, (Amendment 10) Article 1(2a) (new) 2a. The Council shall adopt the measures required to implement this Convention in accordance with the procedures set out in Article 34(2)(c) of the EU Treaty and the objective referred to in Article 29 of the EU Treaty and the timetable established in the Council and Commission action plan to establish an area of freedom, security and justice. (Amendment 73) Article 2(-1) (new)    - 1. The mutual assistance provided for under the Convention shall be afforded in connection with criminal proceedings relating to acts which are punishable by the legal authority of the requesting Member State. (Amendment 77) Article 2(1)    1. Mutual assistance shall also be afforded in proceedings brought by the administrative authorities in respect of offences which are punishable under the national law of the requesting or the requested Member State, or both, by virtue of being infringements of the rules of law, where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters .    1. Mutual assistance shall also be afforded in proceedings brought by the competent authorities in respect of offences which are punishable under the national law of the requesting or the requested Member State, or both, by virtue of being contraventions of rules laid down under criminal law, where the decision may give rise to criminal proceedings before a court having jurisdiction. (Amendment 13) Article 2(2) 2. Mutual assistance shall also be afforded in connection with criminal proceedings and procedures as referred to in paragraph 1 which relate to offences or infringements for which a legal person may be held liable in the requesting Member State. Deleted (Amendment 14) Article 2(2a) (new) 2a. This Convention shall not restrict the scope of application of the Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and subsequent amendments and additions. (Amendment 15) Article 2(2b) (new) 2b. The measures applied by the participating Member States under the mutual assistance procedure must comply with the principle of proportionality. (Amendment 16) Article 4(1) and (2)    1. Where mutual assistance is afforded and provided that such formalities and procedures are not contrary to the fundamental principles of law in the requested Member State, the Member States shall undertake to comply, unless otherwise provided in this Convention, for the purposes of executing letters rogatory, with formalities and procedures expressly indicated by the requesting Member State. The requested Member State shall execute the request for assistance as soon as possible and shall take as full account as possible of any deadlines set by the requesting Member State. The requesting Member State shall explain the reasons for the deadline.    1. Where mutual assistance is afforded and provided that such formalities and procedures are not contrary to the fundamental principles of law in the requested Member State, the Member States shall undertake to comply, unless otherwise provided in this Convention, for the purposes of executing letters rogatory, with formalities and procedures expressly indicated by the requesting Member State. The requested Member State shall execute the request for assistance as soon as possible, taking as full account as possible of the procedural deadlines and any deadlines set by the requesting Member State. The requesting Member State shall explain the reasons for the deadline.    2. Where the request cannot, or cannot fully, be executed in accordance with the requirements set by the requesting Member State, the authorities of the requested Member State shall promptly inform the authorities of the requesting Member State and indicate the conditions under which it might be possible to execute the request. The authorities of the requesting and the requested Member State may subsequently agree on further action to be taken concerning the request, where necessary making such action subject to the fulfilment of those conditions.    2. Where the request cannot, or cannot fully, be executed in accordance with the requirements set by the requesting Member State, the authorities of the requested Member State shall promptly inform the authorities of the requesting Member State and indicate the time required and the conditions under which it might be possible to execute the request. The authorities of the requesting and the requested Member State may subsequently agree on further action to be taken concerning the request, where necessary making such action subject to the fulfilment of the conditions set . (Amendment 17) Article 4(3) 3. If it is foreseeable that the deadline set for execution of the request cannot be complied with, and if the reasons referred to in paragraph 1, third sentence, indicate in a concrete way that this will lead to substantial impairment of the proceedings being conducted in the requesting Member State, the authorities of the requested Member State shall promptly indicate the estimated time needed for execution of the request. The authorities of the requesting Member State shall promptly indicate whether the request is to be upheld nonetheless. The authorities of the requesting and requested Member States may subsequently agree on further action to be taken concerning the request. Deleted (Amendment 19) Article 5(2)    2. Procedural documents may be sent via the competent authorities of the requested Member State only if:    2. Procedural documents may be sent via the competent authorities of the requested Member State where    - the address of the person for whom the document is intended is unknown or uncertain, or    - the relevant procedural law of the requesting Member State requires proof other than proof that can be obtained by post of the service of the document on the addressee, or    - it has not been possible to serve the document by post because the address of the person for whom the document is intended is unknown or uncertain or because the requesting Member State has indicated the reasons why dispatch by post may be ineffective or inappropriate    - it has not been possible to serve the document by post, or    - the requesting Member State has justified reasons for considering that dispatch by post will be ineffective or is inappropriate.    - the relevant procedural law of the requesting Member State requires proof of the service of the document on the addressee other than the proof that can be obtained by post. (Amendment 20) Article 5(3)    3. Where there is reason to believe that the addressee does not understand the language in which the document is drafted, the document - or at least the important passages thereof - must be translated into (one of) the language(s) of the Member State in the territory of which the addressee is staying. If the authority by which the procedural document was issued knows that the addressee understands only some other language, the document - or at least the important passages thereof - must be translated into that other language.    3. The document must be translated into (one of) the language(s) of the Member State in the territory of which the addressee is staying. If the authority by which the procedural document was issued knows that the addressee understands only some other language, the document - or at least the important passages thereof - must be translated into that other language. (Amendment 21) Article 6(2a) (new) 2a. If the authority to which a request for judicial assistance is sent is not competent to act on the request, it shall, where the request has been sent directly, officially forward the request to the competent authority in that Member State and shall inform the requesting authority thereof by the same means. (Amendment 22) Article 6(4)    4. Any request as referred to in paragraph 1 may, for the sake of speed, be made via the International Criminal Police Organisation (Interpol) or any body competent under provisions introduced pursuant to the Treaty on European Union.    4. Any request for mutual assistance may, for the sake of speed, be made via the International Criminal Police Organisation (Interpol) or any body competent under provisions introduced pursuant to the Treaty on European Union. (Amendment 23) Article 6(6)    6. Where, in respect of requests for assistance in relation to proceedings as envisaged in Article 2(1) the competent authority is a judicial authority or a central authority in one Member State and an administrative authority in the other Member State, requests may be made and answered directly between these authorities.    6. Where, in respect of requests for assistance in relation to proceedings as envisaged in Article 2 the competent authority is a judicial authority or a central authority in one Member State and an administrative authority in the other Member State, requests may be made and answered directly between these authorities. (Amendment 24) Article 7    1. The competent authorities of the Member States may, within the limits of their national law and without a request to that effect, exchange information relating to criminal offences as well as the infringements of the rules of law referred to in Article 2(1), the punishment or handling of which falls within the competence of the receiving authority at the time the information is provided.    1. The competent authorities of the Member States may, within the limits of their national law and without a request to that effect, provide information relating to criminal offences as well as the infringements of the rules of law referred to in Article 2(1), the punishment or handling of which falls within the competence of the receiving authority at the time the information is provided.    2. The providing authority may, pursuant to its national law, impose conditions on the use of such information by the receiving authority.    2. The providing authority may, before the information is released, notify the receiving authority of the conditions for the use of such information pursuant to its national law .    3. The receiving authority shall be bound by those conditions.    3. The receiving authority may opt not to receive information subject to such conditions. Where it accepts, it shall be bound by those conditions. (Amendment 25) Article 7(3a) (new) 3a. In all cases the procedures governing exchanges of information, the authorities which requested and provided it and the content of the information should all be documented. The document recording this information should be included in the file for the relevant case and made available to the defence. (Amendment 26) Article 8(1)    1. At the request of the requesting Member State and without prejudice to the rights of bona fide third parties, the requested Member State may place articles obtained by criminal means at the disposal of the requesting State with a view to their return to their rightful owners.    1. At the request of the requesting Member State and without prejudice to the rights of bona fide third parties, the requested Member State may place articles which are the product or proceeds of crime at the disposal of the requesting State with a view to their return to their rightful owners. (Amendment 27) Article 8(2) and (3)    2. In applying Articles 3 and 6 of the European Mutual Assistance Convention and Articles 24(2) and 29 of the Benelux Treaty, the requested Member State may waive the return of articles supplied to the requesting Member State if the restitution of such articles to the rightful owner may be facilitated thereby . The rights of bona fide third parties shall not be affected.    2. In applying Articles 3 and 6 of the European Mutual Assistance Convention and Articles 24(2) and 29 of the Benelux Treaty, the requested Member State may effect restitution of such articles directly to the rightful owner. The rights of bona fide third parties shall not be affected.    3. In the event of any such waiver as referred to in paragraph 2 , the requested Member State shall exercise no security right or other right of recourse under tax or customs legislation in respect of surrendered articles, other than those owned by the rightful owner.    3. In the event of direct restitution of such articles to the rightful owner , the requested Member State shall exercise no security right or other right of recourse under tax or customs legislation in respect of surrendered articles, other than those owned by the rightful owner. (Amendment 28) Article 9(1)    1. Where there is agreement between the competent authorities of the Member States concerned, a Member State which has requested an investigation for which the presence of a person held in custody on its own territory is required may temporarily transfer that person to the territory of the Member State in which the investigation is to take place.    1. The Member State which requests or has requested another Member State to conduct a criminal investigation for which the presence of a person held in custody on its own territory is required may, in order to carry out investigations as quickly as possible, temporarily transfer that person to the territory of the Member State in which the investigation is to take place. 1a.Likewise, the Member State which considers that the presence on its own territory of a person held in custody on the territory of another Member State is required to conduct a criminal investigation may request the temporary transfer of that person to its territory. (Amendment 29) Article 9(1b)(new) 1b. The transfer shall be made in such a way that it does not infringe the rights of the accused. The person being held in custody who is to be transferred temporarily shall have the right to the assistance of defence counsel. (Amendment 30) Article 9(2)    2. The agreement shall cover the arrangements for the temporary transfer of the person and the date by which he must be returned to the territory of the requesting Member State.    2. The Member States concerned shall agree on a case by case basis the specific arrangements for the temporary transfer of the person without prejudice to the rights of the defence and the date by which he must be returned to the territory of the Member State where he was initially held in custody. (Amendment 31) Article 9(3)    3. Where consent to the transfer is required from the person concerned, a statement of consent or a copy thereof shall be provided promptly to the requested Member State .    3. Where, under the national law of the requesting or requested Member State, consent to the transfer is required from the person concerned, the Member State in which the person is held in custody shall ask that person in advance for a statement of consent and shall forward a copy thereof to the other Member State . (Amendment 33) Article 9(4)    4. The period of custody in the territory of the requested Member State shall be deducted from the period of detention which the person concerned is or will be obliged to undergo in the territory of the requesting Member State.    4. The period of custody in the territory of the Member State to which the person has been transferred shall be deducted from the period of detention which the person concerned is or will be obliged to undergo in the territory of the Member State in which he was originally held . (Amendment 34) Article 9(4a) (new) 4a.The State in which the person concerned was originally held in custody shall notify the State to which the person is transferred of the date on which the period of detention expires. Where the date of expiry of a person's detention falls during the period of transfer, the person concerned shall be transferred immediately to the State from which he was being transferred in order to complete the legal formalities for his release. (Amendment 35) Article 9(5)    5. Articles 11(2) and (3), 12 and 20 of the European Mutual Assistance Convention and Articles 33, 35 and 46 of the Benelux Treaty shall apply.    5. Articles 11(1), (2) and (3), 12 and 20 of the European Mutual Assistance Convention and Articles 33, 35 and 46 of the Benelux Treaty shall apply. (Amendment 36) Article 9(6)    6. Each Member State may declare when giving the notification provided for in Article 23(2) that, before reaching an agreement under paragraph 1 of this Article, the consent referred to in paragraph 3 of this Article will be required or will be required under certain conditions indicated in the declaration.    6. Each Member State may declare when giving the notification provided for in Article 23(2) that, before agreeing to the request under paragraphs 1 and 1a of this Article, the consent referred to in paragraph 3 will be required or will be required in certain circumstances indicated in the declaration. (Amendment 37) Article 10(1)    1. If a person is in one Member State's territory and has to be heard as a witness or expert by the judicial authorities of another Member State, the latter may, where it is not desirable or possible for the person to be heard to appear in its territory in person, request that the hearing take place by video conference, as provided for in paragraphs 2 to 8 .    1. If a person is in one Member State's territory and has to be heard as a witness or expert by the judicial authorities of another Member State, the latter may request that the hearing take place, in accordance with the provisions on the rights of the defence , by video conference or teleconference , as provided for in the following paragraphs . 1a.The witness or expert may request that the hearing take place by video conference or teleconference where he considers it is not desirable or possible for him to appear in the territory of the requesting State in person. (Amendment 83) Article 10(1b) (new) 1b. If the witness is a minor, the hearing must be held by video conference. The minor must be assisted by a person whom he or she trusts or by an expert or lawyer. (Amendment 39) Article 10(1c) (new), 2, 3 and 4 1c. An expert or witness asked to give evidence at a hearing by video conference or teleconference may ask to be heard directly by the requesting authority in the territory of the State that has requested the hearing.    2. The requested Member State shall agree to the hearing by video conference provided that the use of the video conference is not contrary to its fundamental principles of law and on condition that it has the technical means to permit the hearing . If the requested Member State has no access to the technical means for video conferencing , such means may be made available to it by the requesting Member State by agreement between them .    2. The requested Member State shall agree to hearings using such techniques provided that the use thereof is not contrary to its fundamental principles of law and on condition that it has the technical means required . If the authority in the requested Member State has no access to the technical means required , such means may be made available to it by the requesting Member State.    3. Applications for a hearing by video conference shall contain, in addition to the data referred to in Article 14 of the European Mutual Assistance Convention and Article 37 of the Benelux Treaty, the reason why it is not desirable or possible for the witness or expert to attend, the name of the judicial authority and of the persons who will be conducting the hearing.    3. Applications for a hearing by video conference or teleconference shall contain, in addition to the data referred to in Article 14 of the European Mutual Assistance Convention and Article 37 of the Benelux Treaty, the name of the judicial authority that will be conducting the hearing and the names of any other persons who will attend .    4. The judicial authority of the requested Member State shall summon the person concerned to appear in accordance with the forms laid down by its legislation.    4. The judicial authority of the requested Member State shall invite the expert or witness to attend the hearing in accordance with the forms laid down by its legislation and shall inform him of his right to refuse a hearing by video conference or teleconference (and his right to be heard directly by the judicial authority of the requesting State on its territory . (Amendment 40) Article 10(5)(a)    (a) a judicial authority of the requested Member State shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both identification of the person to be heard and respect for the fundamental principles of the law of the requested Member State. If the judicial authority of the requested Member State judges that during the hearing the fundamental principles of the law of the requested Member State are infringed, it shall immediately take the necessary measures for the continuation of the hearing in accordance with the said principles;    (a) a judicial authority of the requested Member State shall be present during the hearing, assisted by an interpreter unless he knows the language concerned , and shall also be responsible for ensuring both identification of the person to be heard and respect for the fundamental principles of the law of the requested Member State. If the judicial authority of the requested Member State judges that during the hearing the fundamental principles of the law of the requested Member State are infringed, it shall immediately take the necessary measures for the continuation of the hearing in accordance with the said principles; (Amendment 41) Article 10(5)(b)    (b) measures extending to the protection of the person to be heard may be agreed between the competent authorities of the requesting and the requested Member States;    (b) measures extending to the protection of the person to be heard shall be agreed, where necessary , between the competent authorities of the requesting and the requested Member States; (Amendment 42) Article 10(5)(d)    (d) at the request of the requesting Member State the requested Member State shall ensure that the person to be heard is assisted by an interpreter, if necessary ;    (d) at the request of the requesting Member State or the person to be heard the requested Member State shall ensure that the person to be heard is assisted by an interpreter, unless he knows the language concerned ; (Amendment 43) Article 10(5)(e)    (e) the person to be heard may claim the right not to testify which would accrue to him or her under the law of either the requested or the requesting Member State;    (e) the person to be heard may claim the right not to testify where and insofar as this right would accrue to him or her under the law of either the requested or the requesting Member State; (Amendment 44) Article 10(5)(ea) (new)    (ea) the person to be heard may be assisted during the video conference by defence counsel whom he/she trusts. (Amendment 45) Article 10(7)    7. The cost of establishing the video link, costs related to the servicing of the video link in the requested Member State, the remuneration of interpreters provided by it and allowances to witnesses and experts and their travelling expenses in the requested Member State shall be refunded by the requesting Member State to the requested Member State, unless the latter waives the refunding of all or some of these expenses.    7. The cost of providing the telephone or video link in the requested Member State, the remuneration of interpreters provided by it and allowances to witnesses and experts and their travelling expenses in the requested Member State shall be refunded by the requesting Member State to the requested Member State, unless the latter waives the refunding of all or some of these expenses. (Amendment 76) Article 10(9) 9. Member States may at their discretion also apply the provisions of this Article, where appropriate and with the agreement of their competent judicial authorities, to hearings by video conference involving an accused person. In this case, the decision to hold the video conference, and the manner in which the video conference shall be carried out, shall be subject to agreement between the Member States concerned, in accordance with their national law and relevant international instruments, including the 1950 European Convention on Human Rights. Article 11a Hearing of the accused and other similar persons by video conference Member States may at their discretion apply the provisions, referred to in Article 10 on the use of video conferencing , where appropriate and with the agreement of their competent judicial authorities, to hearings involving accused persons, co-defendants or persons under investigation. In this case, the decision to hold the video conference, and the manner in which the video conference shall be carried out, shall be subject to agreement between the Member States concerned, in accordance with their national law and relevant international instruments, including the 1950 European Convention on Human Rights. Any Member State may, when giving its notification pursuant to Article 23(2), declare that it will not apply the first subparagraph. Such a declaration may be withdrawn at any time. Any Member State may, when giving its notification pursuant to Article 23(2), declare that it will not apply the first subparagraph. Such a declaration may be withdrawn at any time. Hearings shall only be carried out with the consent of the accused person . Such rules as may prove to be necessary, with a view to the protection of the rights of accused persons, shall be adopted by the Council in a legally binding instrument. Such hearings shall only be carried out with the consent of the persons to be questioned and with the safeguards for the rights of the defence provided by the fundamental principles of national law. Consent shall be given only in the presence of the defence counsel. This Article shall enter into force when the Council has adopted such rules as may prove to be necessary with a view to the protection of the rights of accused persons in a legally binding instrument. (Amendments 75, 84 and 74) Article 10(9a) (new) 9a. The rights of the defence counsel of persons under investigation in respect of whom evidence obtained by means of a video conference or a teleconference may be used shall always be guaranteed. (Amendment 48) Article 11 Article 11 Hearing of witnesses and experts by telephone conference 1.If a person is in one Member State's territory and has to be heard as a witness or expert by a judicial authority of another Member State the latter may, where its national law so provides, request assistance of the former Member State to enable the hearing to take place by telephone conference, as provided for in paragraphs 2 to 5. Deleted 2.A hearing may be conducted by telephone conference only if the witness or expert agrees that the hearing take place by that method. 3.The requested Member State shall agree to the hearing by telephone conference where this is not contrary to its fundamental principles of law. 4.An application for a hearing by telephone conference shall contain, in addition to the data referred to in Article 14 of the European Convention on Mutual Assistance and Article 37 of the Benelux Treaty, the name of the judicial authority and of the persons who will be conducting the hearing and an indication that the witness or expert is willing to take part in a hearing by telephone conference. 5.The practical arrangements regarding the hearing shall be agreed between the Member States concerned. When agreeing such arrangements, the requested Member State shall undertake to:    - notify the witness or expert concerned of the time and the venue of the hearing;    - ensure the identification of the witness or expert;    - verify that the witness or expert agrees to the hearing by telephone conference. The requested Member State may make its agreement subject, fully or in part, to the relevant provisions of Article 10(5) and (8). Unless otherwise agreed, the provisions of Article 10(7) shall apply mutatis mutandis. (Amendment 50) Article 12(3)    3. Controlled deliveries shall take place in accordance with the procedures of the requested Member State. Competence to act and to direct operations shall lie with the competent authorities of that Member State.    3. Controlled deliveries shall take place in accordance with the procedures of the requested Member State. Competence to act and to direct operations shall lie with the competent authorities of that Member State, which shall keep the requesting Member State informed of developments and coordinate with it. (Amendment 51) Article 13(3)(ba) (new)    (ba) The team cannot include members of the judiciary acting as judges in the Member States concerned. (Amendment 52) Article 13(9)(c) and (d)    (c) for preventing an immediate and serious threat to public security, and without prejudice to subparagraph (b) if subsequently a criminal investigation is opened; Deleted    (d) for other purposes to the extent that this is agreed between Member States setting up the team. Deleted (Amendment 53) Article 14(1)    1. The requesting and the requested Member State may agree to assist one another for the operation of investigations into crime by officers acting under covert or false identity (covert investigations).    1. A Member State may request assistance from the other Member States in conducting investigations into crime using officers acting under covert or false identity (covert investigations). (Amendment 55) Article 15a (new) Article 15a Protection of privacy in the interception of telecommunications The application of Articles 16, 17 and 18 shall respect Article 8(2) of the European Convention on Human Rights and Fundamental Freedoms, Article 8 of Directive 95/46/EC(1 ) and Article 14 of Directive 97/66/EC( 2 ). _____________ ( 1 ) OJ L 281, 23.11.1995, p. 31. ( 2 ) OJ L 24, 30.1.1998, p. 1. (Amendment 56) Article 16(1)    1. For the purpose of a criminal investigation, a competent authority in any Member State (the requesting Member State) may, in accordance with the requirements of its domestic law, make a request to a competent authority in another Member State (the requested Member State) for:    1. For the purpose of a criminal investigation, a competent authority in any Member State (the requesting Member State) may, in accordance with the requirements of its domestic law, request assistance from a competent authority in another Member State (the requested Member State) for:    (a) the interception and immediate transmission to the requesting Member State of telecommunications ; or    (a) the interception and immediate transmission to the requesting Member State of conversations or telephone/telematic communications and any other forms of telecommunications ;    (b) the interception, recording and subsequent transmission to the requesting Member State of the recording of telecommunications.    (b) the interception, recording and subsequent transmission to the requesting Member State of the recording of such conversations and telecommunications. (Amendment 57) Article 16(2)    2. Requests under paragraph 1 may be made in relation to the use of means of telecommunications by the subject of the interception, if this subject is present:    2. Requests under paragraph 1 may be made in relation to the use of means of telecommunications by the subject of the interception, if the latter is present or his telephone or telematics subscription is :    (a) in the requesting Member State, and where the requesting Member State needs the technical assistance of the requested Member State to intercept his communications;    (a) in the requesting Member State, and where the requesting Member State needs the technical assistance of the requested Member State to intercept his communications;    (b) in the requested Member State, and where his communications can be intercepted in that Member State;    (b) in the requested Member State, and where his communications can be intercepted in that Member State;    (c) in a third Member State, which has been informed pursuant to Article 18(1)(a) , and where the requesting Member State needs the technical assistance of the requested Member State to intercept his communications.    (c) in a third Member State, to which a similar request for assistance has been made before the interception , and where the requesting Member State needs the technical assistance of the requested Member State to intercept his communications. (Amendment 58) Article 16(3), (4), (5) and (6)    3. By way of derogation from Article 14 of the European Mutual Assistance Convention and Article 37 of the Benelux Treaty, requests under this Article shall include the following:    3. In order to define and supplement the provisions of Article 14 of the European Mutual Assistance Convention and Article 37 of the Benelux Treaty, requests under this Article shall include the following:    (a) an indication of the authority making the request;    (a) an indication of the authority making the request;    (b) confirmation that a lawful interception order or warrant has been issued in connection with a criminal investigation;    (b) confirmation that a lawful interception order or warrant has been issued in connection with a criminal investigation;    (c) information for the purpose of identifying the subject of the interception;    (c) information for the purpose of identifying the subject of the interception;    (d) an indication of the criminal conduct under investigation;    (d) an indication of the criminal conduct under investigation and a brief statement of the facts ;    (e) the desired duration of the interception; and    (e) the duration of the interception, which may not, however, exceed the statutory maximum period in the requesting Member State and the Member State requested ;    (f) if possible, the provision of sufficient technical data to ensure that the request can be met (in particular the relevant network connection number) .    (f) as far as possible, the provision of any technical data available to ensure that the request can be met.    4. In the case of a request pursuant to paragraph 2(b), a request shall also include a summary of the facts. The requested Member State may require any further information necessary to enable the requested Member State to decide whether the request would be granted if it had been made by a national authority of that Member State.    4. The requested Member State may require any further information necessary to decide whether the request satisfies its national law .    5. The requested Member State undertakes to comply with requests under paragraph 1(a):    5. The requested Member State undertakes to comply with requests for interceptions from the requesting State where the request would be granted if it had been made by a national authority of that Member State. The requested Member State may make its consent subject to any conditions which it would impose had the request been made by one of its own national authorities.    (a) in the case of a request pursuant to paragraph 2(a) and 2(c), on being provided with the information in paragraph 3. The requested Member State may allow the interception to proceed without further formality;    (b) in the case of a request pursuant to paragraph 2(b), on being provided with the information in paragraphs 3 and 4 and where the request would be granted if it had been made by a national authority of that Member State. The requested Member State may make its consent subject to any conditions which it would impose had the request been made by one of its own national authorities. 6.Where immediate transmission is not possible, the requested Member State undertakes to comply with requests under paragraph 1(b) on being provided with the information in paragraphs 3 and 4 and where the request would be granted if it had been made by a national authority of that Member State. The requested Member State may make its consent subject to any condition which it would impose had the request been made by one of its own national authorities. Deleted (Amendment 59) Article 16(7), (8) and (9)    7. Any Member State may declare when giving the notification provided for in Article 23(2) that it is bound by paragraph 6 only when it is unable to provide immediate transmission. In this case the other Member States may apply the principle of reciprocity.    7. Any Member State may declare when giving the notification provided for in Article 23(2) that it is bound by paragraph 5 only when it is unable to provide immediate transmission of the telecommunications . In this case the other Member States may apply the principle of reciprocity.    8. When making a request under paragraph 1(b), the requesting Member State may, where it has a particular reason to do so, also request a transcription of the recording. The requested Member State shall consider such requests in accordance with its national law and procedures.    8. When making a request under paragraph 1(b), the requesting Member State may also request a transcription of the recording. The requested Member State shall comply with the request in accordance with its national law and procedures.    9. The Member State receiving the information provided under paragraphs 3 and 4 shall keep that information confidential in accordance with its national law.    9. The Member State receiving the information referred to in paragraph 3 shall comply with the rules on confidentiality laid down in its national law. (Amendment 60) Article 16(9a) (new) 9a. The interception shall in all cases by ordered by a judge. (Amendment 61) Article 18 Article 18 Interception of subjects on the territory of another Member State without technical assistance of this Member State. Deleted 1a. Without prejudice to the general principles of international law as well as to the provisions of Article 16(2)(c), the obligations under this Article apply to interception orders authorised by the competent authority of one Member State in the course of criminal investigations which present the following characteristics: An investigation following the commission of a specific criminal offence, including attempts in so far as they are criminalised under national law, in order to identify and arrest, charge, prosecute or deliver judgment on those responsible. 1.Where for the purpose of a criminal investigation, the interception of telecommunications is authorised by the competent authority of one Member State (the intercepting Member State) and the telecommunication address of the subject specified in the interception order is being used on the territory of another Member State (the notified Member State) from which no technical assistance is needed to carry out the interception, the first mentioned Member State shall inform the other Member State on the interception:    (a) prior to the interception in cases where it knows when ordering the interception that the subject is on the territory of that Member State;    (b) immediately after it knows that the subject of the interception is on the territory of that Member State in other cases. 2.The information to be provided by the intercepting Member State includes:    (a) an indication of the authority ordering the interception;    (b) confirmation that a lawful interception order or warrant has been issued in connection with a criminal investigation;    (c) information for the purpose of identifying the subject of the interception;    (d) an indication of the criminal conduct under investigation; and    (e) the expected duration of the interception. 3.The following shall apply where a Member State is notified pursuant to paragraphs 1 and 2:    (a) Upon receipt of the information provided under paragraph 2 the competent authority of the notified Member State shall, without delay, reply to the intercepting Member State, with a view to: 1. allowing the interception to be carried out or to be continued. The notified Member State may make its consent subject to any conditions which it would impose in a domestic case; 2. requiring the interception not to be carried out or to be terminated where the interception would not be permissible pursuant to the national law of the notified Member State, or for the reasons specified in Article 2 of the European Mutual Assistance Convention. Where the notified Member State imposes such a requirement, it shall give reasons for its decision in writing; 3. in cases referred to in subparagraph (a)(2) requiring that any material intercepted while the subject was known by the intercepting Member State to have been on the territory of the notified Member State not be used as evidence in criminal proceedings.    (b) If, exceptionally, the notified Member State fails to reply within 96 hours from the time it was informed by the intercepting Member State, this shall constitute a decision to prohibit the interception and the use of the intercepted material pursuant to subparagraphs a)2) and a)3). The notified Member State shall without delay give a written statement of reasons for that decision.    (c) The notified Member State may request a summary of the facts of the case and any further information, necessary to enable the notified Member State to decide whether interception would be granted in a domestic case. Such a request does not affect the application of subparagraph b), unless otherwise agreed between the notified Member State and the intercepting Member State.    (d) The Member States shall take the necessary measures to ensure that a reply can be given within the 96 hour period. To this end they shall designate contact points (to be on duty twenty four hours a day) under Article 21(e). 4.The Member State receiving the information provided under paragraph 2 shall keep that information confidential in accordance with its national law. 5. Where the intercepting Member State is of the opinion that the information disclosed by paragraph 2 is of a particularly sensitive nature, it may be transmitted to the competent authority through a specific authority where that has been agreed on a bilateral basis between the Member States concerned. 6. Any Member State may declare, when giving its notification under Article 23(2), or at any time thereafter, that it will not be necessary to provide it with the information on interceptions as envisaged in this Article. (Amendment 62) Article 19 Costs which are incurred by telecommunications operators or service providers in executing requests pursuant to Article 16 shall be borne by the requesting Member State. Save where otherwise agreed between the parties, costs which are incurred by telecommunications operators or service providers in intercepting telecommunications shall be borne by the requesting Member State. (Amendment 63) Article 21(1)(b)    (b) one or more central authorities for the purposes of applying Article 6 as well as the authorities competent to deal with the requests referred to in Article 6(8)(b) ,    (b) one or more central authorities for the purposes of applying Article 6 as well as the authorities competent to deal with the requests referred to in Article 6(8)(a) and (b)), (Amendment 64) Article 23(1a) (new) 1a. When adopting the instruments necessary for the application of this Convention, the Member States shall ensure that respect for the fundamental rights deriving from the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and from the national law of the Member State is guaranteed, and in particular:    - the right not to be deprived of personal liberty except in the cases explicitly laid down in Article 5 of the Convention    - the right of the individual to be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him, to be brought promptly before a judge and to be tried within a reasonable time,    - the rights of the defence and in particular equality of prosecution and defence,    - the neutrality and impartiality of the judge,    - the presumption of innocence until proved guilty.

(1) OJ C 251, 2.9.1999, p. 1.

(Consultation procedure)

The European Parliament,

-  having regard to the draft Council act and revised draft act (9636/1999 and SN 5060/1999)(1) ,

-  having been consulted by the Council pursuant to Article 34(2)(d) of the EU Treaty (C5-0331/1999 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0019/2000 ),

1.  Approves the draft Council Act as amended;

2.  Calls on the Council to alter its draft accordingly;

3.  Calls on the Council to initiate without delay the relevant proceedings leading to the adoption, within the shortest possible time, of a set of rules to supplement, in an effective and detailed fashion, the regulations on the interception of communications, whilst fully safeguarding basic rights and freedoms and legal guarantees;

4.  Calls on the Council to initiate without delay the relevant proceedings leading to the adoption, within the shortest possible time, of a set of rules to supplement, in an effective and detailed fashion, the regulations on videoconferences in hearings involving accused persons, co-defendants or persons under investigation, whilst fully safeguarding basic rights and freedoms and legal guarantees;

5.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

6.  Asks to be consulted again if the Council intends to amend the draft substantially;

7.  Instructs its President to forward its position to the Council.

(1) OJ C 251, 2.9.1999, p. 1.