(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal (COM(2004)0664)(1),

–   having regard to Articles 31 and 34(2)(c) of the EU Treaty,

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0163/2004),

–   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 (A6-0020/2005),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

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

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 1 Article 3 Each central authority shall without delay inform the central authorities of the other Member States of convictions of nationals of those Member States registered in the national criminal record and of relevant subsequent entries in the criminal record. Each central authority shall immediately and in any event within three months at most inform the central authorities of the other Member States of convictions of nationals of those Member States registered in the national criminal record. Amendment 2 Article 4, paragraph 2 2.  The reply shall be sent immediately and in any event within a period not exceeding five working days from the receipt of the request, under the conditions provided for by national law, by the central authority of the requested Member State to the central authority of the requesting Member State on the basis of reply form B annexed hereto. It shall include the information transmitted in accordance with Article 3. 2.  The reply shall be sent immediately and in any event within 48 hours in urgent cases and otherwise within a period not exceeding ten working days from the receipt of the request, under the conditions provided for by national law, by the central authority of the requested Member State to the central authority of the requesting Member State on the basis of reply form B annexed hereto. It shall include the information transmitted in accordance with Article 3. Amendment 3 Article 4, paragraph 3 3.  The reply form shall be accompanied by a statement of convictions. 3.  The reply form shall be accompanied by a statement of the convictions entered in the criminal record. Amendment 4 Article 5, paragraph 1, point (b) (b) for other purposes within the limits specified by the requested Member State and in accordance with national law of the requesting Member State. (b) for other purposes within the limits specified on the form by the requesting Member State and approved by the requested Member State and in accordance with national law of the requesting Member State. Amendment 5 Article 5, paragraph 2 2.  Where personal data is transmitted under paragraph 1(b) of this Article, the requested Member State may ask the requesting Member State to inform it of the use made of it. 2.  Where personal data is transmitted under paragraph 1(b) of this Article, the requested Member State shall be informed by the requesting Member State regarding the use made of it. Amendment 6 Article 5, paragraph 3a (new) 3a. The Council of Europe Convention of 28 January 1981 on the protection of individuals with regard to the automatic processing of personal data and Article 23 of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union1 shall apply to this Article. 1 OJ C 197, 12.7.2000, p. 3. Amendment 7 Article 8 Member States shall implement this Decision as soon as possible and in any event no later than 30 June 2005. Member States shall implement this Decision as soon as possible and in any event within six months of the date on which it is published in the Official Journal of the European Union. Amendment 8 Form A, point (a), item 3 Contact person: Contact office:

(1) Not yet published in OJ.