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Texts adopted
Thursday, 20 September 2001 - Brussels Final edition
Decisions on freezing assets or evidence *
A5-0274/2001
Text
 Resolution

Initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium for the adoption by the Council of a Framework Decision on the execution in the European Union of orders freezing assets or evidence (5126/2001 - C5-0055/2001 - 2001/0803(CNS) )

The Initiative was amended as follows:

Text proposed by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium(1)   Amendments by Parliament
Amendment 1
Recital 2
   (2) The principle of mutual recognition should also apply to pre-trial orders, in particular to those which would enable competent authorities quickly to secure evidence and to seize assets which are easily movable.
   (2) The principle of mutual recognition should also apply to pre-trial orders, in particular to those which would enable competent judicial authorities quickly to secure evidence and to seize assets which are easily movable.
Amendment 2
Recital 4
   (4) Such an instrument should, initially, apply to a limited number of offences which have already been the subject of a common action in the European Union.
Deleted
Amendment 3
Recital 5a (new)
(5a) If the principle of the mutual recognition of judicial decisions is to be successfully put into practice, the Member States must accept within their territory official languages of the European Union other than their own.
Amendment 4
Article 1, point (c), introduction
   (c) "freezing order" shall mean any measure taken by a competent judicial authority in the issuing State in order provisionally to prevent the destruction, transformation, moving, transfer or disposal of property that could:
   (c) "freezing order" shall mean any measure taken in the context of criminal proceedings or at the preliminary stage thereof by a competent judicial authority in the issuing State in order provisionally to prevent the destruction, transformation, moving, transfer or disposal of property that could:
Amendment 5
Article 2
This Framework Decision applies to all freezing orders relating to facts which , under the law of the issuing State, constitute one of the following offences:
   (a) illicit trafficking in narcotic drugs;
   (b) fraud affecting the European Communities' financial interests within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests( 1 ) and the Protocols thereto of 29 November 1996(2 ), 27 September 1996(3 ) and 19 June 1997(4 );
   (c) laundering of the proceeds of crime;
   (d) counterfeiting of the euro;
   (e) corruption;
   (f) trafficking in human beings.
_____________
(1 ) OJ C 316, 27.11.1995, p. 48.
( 2 ) OJ C 151, 20.5.1997, p. 2.
( 3 ) OJ C 313, 23.10.1996, p. 2.
( 4 ) OJ C 221, 19.7.1997, p. 12.
This Framework Decision applies to all freezing orders in cases where the offence which prompts the freezing order is punished , under the law of the issuing State, by deprivation of liberty or a detention order for a maximum period of at least six months .
Amendment 6
Article 3
A freezing order within the meaning of this Framework Decision, together with the certificate provided for in Article 7, shall be notified by the judicial authority which issued it directly to the competent judicial authority for execution. If the latter authority is unknown, the judicial authority in the issuing State shall make all necessary inquiries, including via the contact points of the European judicial network, in order to obtain the information from the executing State.
A freezing order within the meaning of this Framework Decision, together with the certificate provided for in Article 7, shall be notified by the judicial authority which issued it directly to the competent judicial authority for execution. If the latter authority is unknown, the judicial authority in the issuing State shall make all necessary inquiries, in particular via the contact points of the European judicial network, in order to obtain the information from the executing State, or shall forward it to the Ministry of Justice in the executing State which shall without delay determine which judicial body is competent to carry out immediate judicial execution .
Amendment 14
Article 5, paragraph 3
After consulting the issuing State, the executing State may lay down appropriate conditions in the light of the circumstances in order to limit the period for which the asset will be frozen. If, in accordance with those conditions, it envisages lifting the measure, it shall inform the issuing State, which shall be given the opportunity to submit its comments.
After consulting the issuing State, the executing State may, in accordance with the provisions for similar cases contained in its national legislation, lay down appropriate conditions in the light of the circumstances in order to limit the period for which the asset will be frozen or otherwise dealt with. If, in accordance with those conditions, it envisages lifting the measure, it shall inform the issuing State, which shall be given the opportunity to submit its comments.
Amendment 7
Article 7, paragraph 2
   2. The certificate must be translated into the official language or one of the official languages of the executing State.
   2. The certificate must be translated into the official language or one of the official languages of the executing State or into one or more of the European Union's other official languages, a translation which the executing State has stated that it will accept, pursuant to paragraph 3 .
Amendment 9
Article 8, paragraph 1, introduction
   1. The notification referred to in Article 3 must also set out, or be followed within no more than four days by:
   1. The notification referred to in Article 3 must also set out, or be followed within no more than fifteen days by:
Amendment 10
Article 9, paragraph 1
   1. An appeal without suspensive effect may be lodged against a freezing order executed pursuant to Article 4 by the defendant, the victim or any natural or legal person claiming to be a bona fide third party; the action shall be brought before the competent authority in the issuing State or in the executing State in accordance with the national law of each.
   1. An appeal without suspensive effect may be lodged against a freezing order executed pursuant to Article 4 by the defendant, the victim or any natural or legal person claiming to be a bona fide third party. The action shall be brought before the competent authority in the issuing State or in the executing State in accordance with the national law of each, subject to the restrictions specified in the following paragraph .
Amendment 11
Article 9, paragraph 2
   2. The freezing order may not be appealed as to its substance in the executing State.
   2. In the executing State an appeal may relate solely to the grounds for non-execution laid down in Article 6 and to the conditions of execution referred to in Article 5(3) and may not under any circumstances relate to the substance .
Amendment 12
Article 11, paragraph 1
   1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision before 31 December 2002.
   1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision before 30 June 2002.
Amendment 13
Article 11, paragraph 2
   2. By the same date Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. On the basis of a report established on the basis of this information and a written report by the Commission, the Council shall, no later than 30 June 2003 , assess the extent to which Member States have taken the necessary measures in order to comply with this Framework Decision.
   2. By the same date Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. On the basis of a report established on the basis of this information and a written report by the Commission, the Council shall, no later than 31 December 2002 , assess the extent to which Member States have taken the necessary measures in order to comply with this Framework Decision.

(1) OJ C 75, 7.3.2001, p. 3.


European Parliament legislative resolution on the initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium for the adoption by the Council of a Framework Decision on the execution in the European Union of orders freezing assets or evidence (5126/2001 - C5-0055/2001 - 2001/0803(CNS) )

(Consultation procedure)

The European Parliament,

-  having regard to the Initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium (5126/2001(1) ),

-  having regard to Article 34(2)(b) of the EU Treaty,

-  having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0055/2001 ),

-  having regard to Rules 106 and 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0274/2001 ),

1.  Approves the Initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium as amended;

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

3.  Asks to be consulted again should the Council intend to make substantial modifications to the Initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium;

4.  Instructs its President to forward this opinion to the Council and Commission and to the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium.

(1) OJ C 75, 7.3.2001, p. 3.

Last updated: 15 May 2004Legal notice