(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2005)0227)(1),

–   having regard to Council Common Position 2005/440/CFSP(2),

–   having regard to Articles 60 and 301 of the EC Treaty,

–   having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0185/2005),

–   having regard to Rule 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 Development (A6-0194/2005),

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 Recital 3 a (new) (3a) When applying the measures provided for in United Nations Security Council Resolution 1572(2004), the Community should ensure that such measures are coordinated with the procedures applicable under the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 20001, in particular Articles 8 and 96 thereof. 1 OJ L 317, 15.12.2000, p. 3. Amendment 2 Recital 3 b (new) (3b) The measures provided for in this Regulation should be without prejudice to the adoption of other measures to prosecute and try, in accordance with the provisions of international human rights conventions, persons suspected of committing serious violations of human rights and international humanitarian law, in particular through the International Criminal Court, on the basis of the ad hoc referral to the Court by the authorities of the Democratic Republic of the Congo on 19 April 2004 pursuant to Article 12 of the Rome Statute. Amendment 3 Article 2, paragraph 1 1.  All funds and economic resources belonging to, or owned or held by, the natural or legal persons, entities or bodies listed in Annex I shall be frozen. 1.  All funds and economic resources belonging to, or owned or held by, the natural or legal persons, entities or bodies included in the list drawn up by the Commission pursuant to Article 9 shall be frozen. Amendment 4 Article 2, paragraph 2 2.  No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I. 2.  No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies included in the list drawn up by the Commission pursuant to Article 9. Amendment 5 Article 4, point (c) (c) the lien or judgment is not for the benefit of a person, entity or body listed in Annex I; (c) the lien or judgment is not for the benefit of a person, entity or body included in the list drawn up by the Commission pursuant to Article 9; Amendment 6 Article 6, paragraph 3 3.  Any information provided or received in accordance with paragraphs 1 and 2 shall be used only for the purposes for which it was provided or received. 3.  Any information provided or received in accordance with paragraphs 1 and 2 shall be used only for the purposes for which it was provided or received. It shall be used solely for the period necessary for the freezing of funds and economic resources, and shall be subject to rules guaranteeing data protection. Amendment 7 Article 8 a (new) Article 8a Natural and legal persons, entities and bodies whose funds and economic resources have been unjustly frozen shall be reimbursed with an amount commensurate with the nature and extent of the damage unjustly suffered. Amendment 8 Article 9, paragraph 1 1.  The Commission shall be empowered to: 1.  The Commission shall, after consulting the European Parliament, be empowered to: (a) amend Annex I on the basis of determinations made by the Sanctions Committee; (a) draw up and amend on the basis of determinations made by the Sanctions Committee a list of natural or legal persons, entities or bodies referred to in Article 2 whose funds and economic resources are to be frozen and to correct the list in the event of proven error, and (b) amend Annex II on the basis of information supplied by Member States. (b) amend the Annex on the basis of information supplied by Member States. The European Parliament's Committee responsible for Civil Liberties, Justice and Home Affairs and its Committee responsible for Development shall be informed in advance by the Commission, on a confidential basis, of the drawing up and amending of the list referred to in point (a). Amendment 9 Annex I This Annex is deleted.

(1) Not yet published in OJ. (2) OJ L 152, 15.6.2005, p. 22.