Activities of Mady DELVAUX related to 2016/0413(COD)
Plenary speeches (2)
Controls on cash entering or leaving the Union (debate) FR
Controls on cash entering or leaving the Union (debate) FR
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005 PDF (768 KB) DOC (130 KB)
Amendments (12)
Amendment 85 #
Proposal for a regulation
Recital 4
Recital 4
(4) In view of the risk that the application of Directive 91/308/EEC would lead to an increase in cash movements for illicit purposes which could pose a threat to the financial system and the internal market, that Directive was complemented by Regulation (EC) No 1889/2005 of the European Parliament and of the Council20 . That Regulation aims at preventing and detecting money laundering and the financing of terrorism by laying down a system of controls applicable to natural persons who enter or leave the Union carrying amounts of cash equal to or bgrearter- negotiable instruments equal to or greater than 10 000 EUR or its equivalent in other currencies. The term 'entering or leaving the Union' should be defined in function of the territory of the Union as defined in Art.355, TFEU, in order to ensure that this Regulation has the broadest possible scope of application and that no areas such as free zones, international transit areas and similar areas would be exempt from its application and present opportunities to circumvent applicable controls. __________________ 20 Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community (OJ L 309, 25.11.2005, p. 9).
Amendment 86 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The importance to control cash movements into and leaving the EU is highlighted by the anomalies reported by Europol, namely that : in spite of a steady increase of the use of non-cash payment methods and a moderate decline in the use of cash for payments, the total value of euro banknotes in circulation continues to rise beyond the rate of inflation, and the demand for high denomination notes, not commonly associated with payments, has been sustained, which could indicate a link to criminal activities.1a __________________ 1aEuropol Report “Why is Cash still King?”, 2015
Amendment 91 #
Proposal for a regulation
Recital 11
Recital 11
(11) Considering their presence at the external borders of the Union, their expertise in carrying out controls on passengers and freight crossing the external border and experience gained in the application of Regulation (EC) No 1889/2005, customs authorities should continue to act as the competent authorities for the purposes of this Regulation. At the same time, the Member States should continue to be able also to designate other national authorities present at the external border to act as competent authorities. Resources from custom authorities and other national authorities should receive specific training on how to identify cash- based money laundering and Member States should allocate resources according to a risk analysis, and not disregard necessary controls of private aircrafts and yachts entering and leaving their territories.
Amendment 114 #
Proposal for a regulation
Recital 21
Recital 21
(21) That information should be passed on to the Financial Intelligence Unit of the Member State in question, which should promptly make it available to the Financial Intelligence Units of the other Member States. Those units are designated as the hub elements in the fight against money-laundering and terrorist financing who receive and process information from various sources such as financial institutions and analyse it in order to determine if there are grounds for further investigation that may not be apparent to the competent authorities who collect the declarations and perform controls under this Regulation. For that purpose, an interconnection between the information exchange systems used by, respectively, competent authorities and Financial Investigations Units should be put in place. In order to further strengthen the cooperation between the Financial Intelligence Units, the Commission should assess the adequacy of establishing a Union Financial Intelligence Unit, and present a legislative proposal, if appropriate.
Amendment 130 #
Proposal for a regulation
Recital 30
Recital 30
(30) IWhile most Member States use already a harmonized declaration form, the EU currency Declaration From (EU- CDF), on a voluntary basis, in order to ensure uniform application of controls and the efficient processing, transmission and analysis of the declarations by competent authorities, implementing powers should be conferred on the Commission to adopt the template of declaration and disclosure forms, to determine the criteria of a common risk management framework, to establish the technical rules and modalities and the template of the forms to be used for the declarations, for the information exchange andbetween competent authorities and for the interconnection between the information exchange systems used by, respectively, competent authorities and Financial Investigations Units, as well as to establish the rules and the format to be used for the provision of statistical information to the Commission. This should include the establishment of appropriate electronic systems. The powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council23 . __________________ 23 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 181 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The controls shall be based primarily on risk analysis, with the purpose of identifying and evaluating the risks and developing the necessary counter- measures, and shall be performed within a common risk management framework in accordance with the criteria laid down pursuant to Article 15(b), as defined in Article 46 of Regulation 952/2013. This framework shall take into account the risk assessment analysis carried out under articles 6 and7 of Directive (EU) 2015/849.
Amendment 197 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The competent authorities shall record the information obtained under Articles 3, 4, 5(3) or 6 and transmit it to the Financial Intelligence Unit of the Member State in which it was obtained, in accordance with the technical rules laid down pursuant to Article 15(c)paragraph 1a.
Amendment 199 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. For the purposes of paragraph 1, an interconnection between the system competent authorities use to exchange information pursuant to Council Regulation (EC) No515/97[1]and the system Financial Intelligence Units use to exchange information pursuant to Council Decision 2000/642/JHA[2]shall be put in place in accordance with the technical rules laid down by the Commission pursuant to Article 15(c).[1] Council Regulation (EC) No 515/97of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters, OJ L 82 of 22.3.1997, p. 1, lastly amended by Regulation (EU) No 2015/1525 of the European Parliament and of the Council of 9 September 2015, OJ L 243 of18.9.2015, p. 1.[2] Council Decision 2000/642/JHA of17 October 2000 concerning arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information. OJ L 271 of24.10.2000, p. 4.
Amendment 210 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The competent authority shall communicate the information referred to in paragraph 1 and 2 in accordance with the technical rules laid down pursuant to Article 15(ca) and using the form laid down pursuant to Article 15(d).
Amendment 223 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Each Member State shall introduce penalties to apply in the event of failure to comply with the obligation to declare or disclose laid down in Articles 3 and 4. Such penalties shall be effective, proportionate and dissuasive. Member States shall provide for competent authorities to have the power to impose pecuniary administrative sanctions which shall be equal to at least 20% and not higher than 40% of the value of the undeclared or wrongfully declared or the wrongfully disclosed cash.
Amendment 239 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) the technical rules for the exchange of information under Articles 8 and 9, including the establishment of an appropriate electronic systeminterconnection referred to in Article 8(1a);
Amendment 242 #
Proposal for a regulation
Article 15 – paragraph 1 – point c a (new)
Article 15 – paragraph 1 – point c a (new)
(ca) the technical rules for the exchange of information under Article 9, via the Customs Information System, as laid down referred to in Article 23 of Council Regulation (EC) No 515/97;