9 Amendments of Tomáš ZDECHOVSKÝ related to 2022/0398(COD)
Amendment 65 #
Proposal for a directive
Recital 9
Recital 9
(9) It is appropriate to exclude from the criminalisation activities which concern the provision of goods and services of daily use for the personal use of designated natural persons, such as food and healthcare products and services, or of petty cash, where it is clearly limited to fulfilling the basic human needs of such persons and their dependent family members. The failure to report such activities should also be excluded from criminalisation. In addition, it is appropriate to exclude from criminalisation the delivery of humanitarian aid to persons in need. Such humanitarian aid must be provided strictly in accordance with international humanitarian law and can notably consist of food and nutrition, shelter, health care, water and sanitation. Furthermore, in implementing this Directive, Member States should take into account that International Humanitarian Law, the law of armed conflict, requires that restrictive measures should not prevent the delivery of humanitarian aid in line with principles of impartiality, humanity, neutrality and independence. Such exclusion is not absolute and should only cover activities directly connected to the provision of humanitarian aid. Any other actions of an organization providing humanitarian aid are not covered by this exception.
Amendment 80 #
Proposal for a directive
Recital 19
Recital 19
(19) To ensure the effective investigation and prosecution of violations of Union restrictive measures, Member States’ competent authorities should cooperate through and with Europol, Eurojust and the European Public Prosecutor’s Office (EPPO). These competent authorities should also share information among each other and with the Commission on practical issues. This cooperation should be within their respective competencies, with due regard to subsidiarity and respect that member states have primary responsibility for the implementation of Union restrictive measures.
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Member States shall take the necessary measures to ensure that the violation of a Union restrictive measure by any natural, legal person, entity or body constitutes a criminal offence when committed intentionally and provided it falls in one of the categories defined in paragraph 2.
Amendment 118 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) enabling,facilitating or assisting the entry of designated natural persons into the territory of a Member State or their transit through the territory of a Member State in violation of a prohibition by a Union restrictive measure;
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) trading in goods or services whose import, export, sale, purchase, transfer, transit or transport is prohibited or restricted by Union restrictive measures, acting as an intermidiary as well as providing brokering services or other services relating to those goods and services;
Amendment 145 #
Proposal for a directive
Article 3 – paragraph 6 – indent 3
Article 3 – paragraph 6 – indent 3
– to humanitarian aid when provided in good faith and in compliance with the provisions under relevant international and Union law for persons in need.
Amendment 175 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
(1) Member States shall take the necessary measures to ensure that legal persons including entities or body formed by them can be held liable for offences referred to in Articles 3 and 4 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on :
Amendment 180 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
(1) Member States and the EU where appropriate shall take the necessary measures to ensure that a legal person held liable pursuant to Article 7 is subject to effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines, exclusion from entitlement to public benefits or aid, exclusion from access to public funding, including tender procedures, grants and concessions and may include other penalties, such as:
Amendment 237 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
(1) Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters and the principle of subsidiarity, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, the Commission, and where appropriate, Europol and Eurojust, shall provide technical and operational assistance in order to facilitate the coordination of investigations and prosecutions by the competent authorities.