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C 25 E/204 Official Journal of the European Union EN 29.1.

2004

Wednesday 20 November 2002

INITIATIVE AMENDMENTS
OF THE KINGDOM OF DENMARK BY PARLIAMENT

Amendment 4
Article 3, paragraph 2
2. Member States shall also adopt the necessary measures to 2. Member States shall also adopt the necessary measures to
enable them to confiscate, either wholly or in part, property enable them to confiscate, either wholly or in part, property
acquired by the spouse or cohabitee of the person concerned acquired by the spouse or cohabitee of the person concerned
under the conditions set out in paragraph 1. Member States under the conditions set out in paragraph 1 where it is proven
may disregard cases where the property was acquired more that the property belongs to that person and that the spouse
than three years prior to the commission of the offence which or cohabitee has fictitious access or title to it. Member States
forms the basis for confiscation pursuant to paragraph 1, or may disregard cases where the property was acquired more
cases where the marriage or cohabitation did not exist at the than three years prior to the commission of the offence which
time of acquisition. forms the basis for confiscation pursuant to paragraph 1, or
cases where the marriage or cohabitation did not exist at the
time of acquisition.

Amendment 5
Article 3, paragraph 3
3. Member States shall also adopt the necessary measures to 3. Member States shall also adopt the necessary measures to
enable them, in accordance with the conditions set out in para- enable them, in accordance with the conditions set out in para-
graph 1, to confiscate, either wholly or in part, property trans- graph 1, to confiscate, either wholly or in part, property trans-
ferred to a legal person in respect of which the person con- ferred to a legal person in respect of which the person con-
cerned − acting either alone or in conjunction with his cerned has a controlling influence  even de facto via an
closest relations  has a controlling influence. The same intermediary. Member States may disregard cases where the
shall apply if the person concerned receives a significant property was transferred to the legal person more than three
part of the legal person’s income. Member States may dis- years prior to the commission of the offence which forms the
regard cases where the property was transferred to the legal basis for confiscation pursuant to paragraph 1.
person more than three years prior to the commission of the
offence which forms the basis for confiscation pursuant to
paragraph 1.

Amendment 6
Article 3, paragraph 4a (new)
4a. The Member States shall adopt all the necessary
measures to ensure that the onus of proof in respect of the
unlawful origin of the property lies with the prosecution and
not with the defence.

P5_TA(2002)0553

Confiscation orders *

European Parliament legislative resolution on the initiative of the Kingdom of Denmark with a
view to the adoption of a Council Framework Decision on the execution in the European Union
of confiscation orders (10701/2002  C5-0377/2002  2002/0816(CNS))

(Consultation procedure)

The European Parliament,

 having regard to the initiative of the Kingdom of Denmark (10701/2002 (1)),

 having regard to Articles 31(a) and 34(2)(b) of the Treaty on European Union,

(1) OJ C 184, 2.8.2002, p. 8.


29.1.2004 EN Official Journal of the European Union C 25 E/205

Wednesday 20 November 2002

 having been consulted by the Council pursuant to Article 39(1) of the Treaty on European Union
(C5-0377/2002),

 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 (A5-0383/2002),

1. Approves the initiative of the Kingdom of Denmark as amended;

2. Calls on the Council to alter the text accordingly;

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

4. Asks to be consulted again if the Council intends to amend the initiative of the Kingdom of Denmark
substantially;

5. Instructs its President to forward its position to the Council and Commission and the Government of
the Kingdom of Denmark.

INITIATIVE AMENDMENTS
OF THE KINGDOM OF DENMARK BY PARLIAMENT

Amendment 8
Article 2, point (f)
(f) ‘order’ shall mean a final sanction or measure imposed by (f) ‘order’ shall mean a final sanction or measure imposed by
a competent judicial authority in respect of an offence a competent judge in respect of an offence whereby con-
whereby confiscation is ordered. fiscation is ordered.

Amendment 10
Article 11, paragraph 5
5. The executing State may not impose a custodial sentence 5. The issuing State and the executing State may not
or any other measure limiting a person’s freedom as an alter- impose a custodial sentence or any other measure limiting a
native legal remedy as a result of a request pursuant to Arti- person’s freedom as an alternative legal remedy as a result of
cle 4, unless the issuing State has given its consent to this in a request pursuant to Article 4.
the request.

P5_TA(2002)0554

Media
European Parliament resolution on media concentration

The European Parliament,

 having regard to Articles 43 and 49 of the EC Treaty,

 having regard to Council Directive 89/552/EEC (1) of 3 October 1989 on the coordination of certain
provisions laid down by law, regulation or administrative action in Member States concerning the
pursuit of television broadcasting activities, as amended by Directive 97/36/EC (2), and, in particular,
Article 4 thereof which concerns the promotion of the distribution and the production of television
programmes,

 having regard to its previous resolutions on this subject of 20 January (3) and 27 October 1994 (4),

(1) OJ L 298, 17.10.1989, p. 23.


(2) OJ L 202, 30.7.1997, p. 60.
(3) OJ C 44, 14.2.1994, p. 177.
(4) OJ C 323, 21.11.1994, p. 157.