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Document 52008AP0435
Combating terrorism * European Parliament legislative resolution of 23 September 2008 on the proposal for a Council Framework Decision amending Framework Decision 2002/475/JHA on combating terrorism (COM(2007)0650 — C6-0466/2007 — 2007/0236(CNS))
Combating terrorism * European Parliament legislative resolution of 23 September 2008 on the proposal for a Council Framework Decision amending Framework Decision 2002/475/JHA on combating terrorism (COM(2007)0650 — C6-0466/2007 — 2007/0236(CNS))
Combating terrorism * European Parliament legislative resolution of 23 September 2008 on the proposal for a Council Framework Decision amending Framework Decision 2002/475/JHA on combating terrorism (COM(2007)0650 — C6-0466/2007 — 2007/0236(CNS))
IO C 8E, 14.1.2010, p. 133–138
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.1.2010 |
EN |
Official Journal of the European Union |
CE 8/133 |
Tuesday 23 September 2008
Combating terrorism *
P6_TA(2008)0435
European Parliament legislative resolution of 23 September 2008 on the proposal for a Council Framework Decision amending Framework Decision 2002/475/JHA on combating terrorism (COM(2007)0650 — C6-0466/2007 — 2007/0236(CNS))
2010/C 8 E/35
(Consultation procedure)
The European Parliament,
having regard to the Commission proposal (COM(2007)0650),
having regard to the Council guideline of 18 April 2008 (8707/2008),
having regard to Article 29, Article 31(1)(e) and Article 34(2)(b) of the EU Treaty,
having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0466/2007),
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 and the opinion of the Committee on Legal Affairs (A6-0323/2008),
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. |
Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
5. |
Calls on the Council and the Commission, following the entry into force of the Treaty of Lisbon, to treat as a priority any subsequent proposal designed to amend this text pursuant to 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 and pursuant to Declaration No 50 relating to that Protocol; |
6. |
Declares itself already prepared — once the Treaty of Lisbon comes into force — to consider any such proposal if necessary in accordance with the urgency procedure and in close cooperation with Member States’ parliaments; should the new proposal reflect the substance of this opinion, the procedure laid down in the interinstitutional agreement as regards codification could apply; |
7. |
Instructs its President to forward this opinion to the Council and the Commission. |
TEXT PROPOSED BY THE COMMISSION |
AMENDMENTS |
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Amendment 1 |
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Proposal for a framework decision — amending act Recital 6a (new) |
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Amendment 2 |
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Proposal for a framework decision — amending act Recital 7 |
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Amendment 3 |
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Proposal for a framework decision — amending act Recital 10 |
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Amendment 4 |
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Proposal for a framework decision — amending act Recital 11 |
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Amendment 5 |
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Proposal for a framework decision — amending act Recital 11a (new) |
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Amendment 6 |
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Proposal for a framework decision — amending act Recital 12 |
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deleted |
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Amendment 7 |
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Proposal for a framework decision — amending act Recital 12a (new) |
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Amendment 8 |
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Proposal for a framework decision — amending act Recital 14 |
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Amendment 9 |
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Proposal for a framework decision — amending act Recital 15 |
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Amendment 10 |
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Proposal for a framework decision — amending act Recital 15a (new) |
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Amendment 11 |
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Proposal for a framework decision — amending act Article 1 — point –1 (new) Framework Decision 2002/475/JHA Article 1 — paragraph 2 |
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Amendment 12 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework Decision 2002/475/JHA Article 3 — paragraph 1 — point a |
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Amendment 13 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework Decision 2002/475/JHA Article 3 — paragraph 1 — point b |
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Amendment 14 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 1 — point c |
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Amendment 15 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 2 — point d |
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Amendment 16 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 2 — point e |
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Amendment 17 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 2 — point f |
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Amendment 18 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 3a (new) |
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3a. Member States shall ensure that the acts referred to in paragraph 2(a) to (c) of this Article are criminalised with due respect for the obligations relating to freedom of speech and freedom of association by which those States are bound, in particular the obligations relating to freedom of the press and freedom of expression in other media, and with due respect for the confidentiality of correspondence, including the content of e-mail and other kinds of electronic correspondence. The criminalisation of the acts covered in paragraph 2(a) to (c) shall not have the effect of reducing or restricting the dissemination of information for scientific, academic, artistic or reporting purposes, the expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism. |
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Amendment 19 |
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Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 3b (new) |
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3b. Member States shall also ensure that the criminalisation of the acts referred to in paragraph 2(a) to (c) of this Article is effected in a way which is proportionate to the nature and the circumstances of the offence, having regard to the legitimate aims pursued and the necessity thereof in a democratic society, and excludes any form of arbitrariness and discriminatory or racist treatment. |
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Amendment 20 |
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Proposal for a framework decision — amending act Article 1 — point 3 Framework decision 2002/475/JHA Article 9 — paragraph 1 a |
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1a. Each Member State shall also establish its jurisdiction over the offences referred to in Article 3(2)(a) to (c) where the offence was directed towards or resulted in the carrying out of an offence referred to in Article 1 and such offence is subject to the jurisdiction of the Member State under any of the criteria set out in paragraph 1(a) to (e) of this Article. |
1a. A Member State may decide not to apply, or to apply only in specific cases or under specific circumstances, the jurisdictional provisions in paragraph 1(d) and (e) in respect of the offences referred to in Article 3(2)(a) to (c) and in Article 4, in so far as they are linked to the offences referred to in Article 3(2)(a) to (c). |