38 Amendments of Cécile Kashetu KYENGE related to 2018/0105(COD)
Amendment 61 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The provisions of this Directive should not affect the operational independence and autonomy of the Financial Intelligence Units as established in Article 32 (3)of Directive (EU) 2015/849.
Amendment 86 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) To strengthen the cooperation between Financial Intelligence Units, the European Commission should carry out an impact assessment in the near future to evaluate the appropriateness of establishing a European Union Financial Intelligence Unit.
Amendment 87 #
Proposal for a directive
Recital 22
Recital 22
(22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be required to ensure that the processing of sensitive financial information that could reveal a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation should be allowed only to the extent that it is strictly necessary and relevant to a specific investigation and in compliance with the relevant data protection regime.
Amendment 98 #
Proposal for a directive
Recital 26
Recital 26
(26) Furthermore, in order to respect the right to the protection of personal data and the right to privacy and limit the impact of the access to the information contained in centralised bank account registries and data retrieval systems, it is essential to provide for conditions limiting the access. In particular, Member States should ensure that appropriate data protection policies and measures apply to the access to personal data from competent authorities for the purposes of this Directive. Only authorised personsstaff should have access to information containing personal data which can be obtained from the centralised bank account registries or through authentication processes. Staff granted with access to such sensitive data should receive training on security practices with regards to the exchange and handling of the data.
Amendment 100 #
Proposal for a directive
Recital 28
Recital 28
(28) The Commission should report on the implementation of this Directive threewo years after its date of transposition, and every three years thereafter. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making19 the Commission should also carry out an evaluation of this Directive on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Directive and the need for any further action. _________________ 19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down measures to facilitate access by competent authorities - in accordance with national law - to financial information and bank account information for the prevention, detection, investigation or prosecution of serious criminal offences. It also provides for measures to facilitate - in accordance with national law- access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units.
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the provisions of Directive (EU) 2015/849 of the European Parliament and of the Council and the related provisions in the national law of Member States, including the organisational status conferred to Financial Intelligence Units under national law; and also the competencies of national authorities responsible for application of legislation concerning the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
Amendment 113 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'financial information' means any type of information or data which ison financial assets, movements of funds, financial business relationships which is already held by Financial Intelligence Units pursuant to Directive (EU) 2015/849, to prevent, detect and effectively combat money laundering and terrorist financing, or any type of information or data which is held by public authorities or by obliged entities for those purposes and which is available to Financial Intelligence Units without the taking of coercive measures under national law;
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'law enforcement information' means any type of information or data which already is held by competent authorities to prevent, detect, investigate or prosecute criminal offences or any type of information or data which is held by public authorities or by private entities for those purposes and which is available to competent authorities without the taking of coercive measures under national law; such information may include criminal records, information on investigations or ongoing prosecutions, freezing and seizing of assets or other investigative or provisional measures, convictions, confiscations, mutual legal assistance activities;
Amendment 118 #
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall notify the Commission its designated competent authorities in accordance with paragraphs (1) and (2) by [64 months from transposition date] at the latest, and shall notify the Commission of any amendment thereto. The Commission shall publish the notifications and any amendment thereto in the Official Journal of the European Union.
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The additional information that Member States may deem essential and include in the centralised bank account registries in accordance with Article 32a(4) of Directive 2018/XX/EU shall not be accessible and searchable by competent authorities according toon the basis of this Directive.
Amendment 134 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the access and search by competent authorities is supported by technical and organisational measures ensuring the security of the data according to the highest technological standards available.
Amendment 137 #
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) the identifiers of the official who carried out the query or search and of the official who ordered the query or search, and as far as possible, the identity of the recipient of the results of the query or search.
Amendment 142 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is required to reply, in a timely manner, to requests for financial information or financial analysis by its designated competent authorities referred to in Article 3(2), where that financial information or financial analysiscan be obtained by the requesting competent authorities in accordance with the applicable law and regulation, is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offences and cannot be accessed through direct means.
Amendment 144 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. FIUs shall be under no obligation to comply with the request for information in case there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested as provided for under article 32(5) of Directive EU 2015/849.
Amendment 146 #
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. When refusing to provide information, FIUs shall transmit a detailed explanation for such denial.
Amendment 147 #
Proposal for a directive
Article 7 – paragraph 1 c (new)
Article 7 – paragraph 1 c (new)
1c. When exchanging financial information pursuant to Article 7 (1), the transmitting FIU may impose restrictions and conditions for the use of that information. The receiving competent authority shall comply with those restrictions and conditions.
Amendment 148 #
Proposal for a directive
Article 7 – paragraph 1 d (new)
Article 7 – paragraph 1 d (new)
1d. Exemptions and conditions provided for under Articles 32(5), 53 and 54 of Directive (EU)2015/849 shall apply.
Amendment 150 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The financial information and financial analysis received from the Financial Intelligence Unit may be processed by the competent authorities of the Member States for the specific purposes of preventing, detecting, investigating or prosecuting serious criminal offences other than the purposes for which personal data are collected in accordance with Article 4(2) of Directive (EU) 2016/680.
Amendment 154 #
Subject to national procedural safeguards, in accordance with article 32 (4) Directive (EU) 2015/849 on the access to information by the Financial Intelligence Units each Member State shall ensure that its designated national competent authorities are required to reply, in a timely manner, to requests for law enforcement information by the national Financial Intelligence Unit, on a case-by- case basis, where the information is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 159 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing in accordance with article 53 (1) directive(EU) 2015/849.
Amendment 166 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysisthat are already in its possession, it shall do so as soon as possible and in any case no later than three days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended by a maximum of 10 days.
Amendment 171 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that, in exceptional and urgent cases, and by way of derogation from paragraph 2, where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence, a Financial Intelligence Unit shall provide that information or analysis no later than 24 hours after the receipt of the request.
Amendment 173 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall ensure that a request issued pursuant to this Article and its response shall be transmitted by using the dedicated secure electronic communications network FIU.net or its successor. That network shall ensure the secure communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. In the event of technical failure of the FIU.net, the financial information or financial analysis shall be transmitted by any other appropriate means ensuring athe highest possible level of data security.
Amendment 180 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall ensure that its Europol National Unit is entitled to repliesy to duly justified requests related to bank account information or to financial information provided by the FIU made by the Agency for Law Enforcement Cooperation established by Regulation (EU) 2016/794 of the European Parliament and of the Council (‘Europol') on a case-by- case basis within the limits of its responsibilities and for the performance of its tasks. Exemptions and conditions provided for under Articles 32(5), 53 and 54 of Directive (EU) 2015/849 shall apply. Article 7 (7) of Regulation (EU) 2016/794 shall apply.
Amendment 183 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information provided in accordance with this Article and about the outcome of the investigations or analysis performed on the basis of that information.
Amendment 186 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 192 #
3. Exchange of information under paragraphs 1 and 2 shallmay take place electronically through SIENA or its successor and in accordance with Regulation (EU) 2016/794. The language used for the request and the exchange of information shall be that applicable to SIENA.
Amendment 193 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Europol is entitled to reply to requests for information by Financial Intelligence Units on a case-by-case basis, where the information is necessary for the prevention and combating of money laundering, associated predicate offences and terrorist financing.
Amendment 197 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The processing of personal data related to bank account information, financial information and financial analysis referred to in Article 10(1) and (2) shall be performed only by the persons within Europol who have been specifically designated and authorised to perform those tasksmeans of operational analysis projects, in respect of which the specific safeguards laid down in Article18(3) of Regulation (EU) 2016/794 shall apply.
Amendment 204 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing of information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation mayshall only be allowed to the extent that it is strictly necessary and relevant in a specific casein accordance with Article 10 of Directive (EU) 2016/680 and Article 9 Regulation (EU) 2016/679 in their respective scope of application.
Amendment 208 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Only persons specifically authorised and trained may access and process the data referred to in paragraph 1 under the instruction of the data protection officer
Amendment 209 #
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the name and contact details of the organisation and personnel member requesting the information; and, as far as possible, the identity of the recipient of the results of the query or search.
Amendment 214 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) enable the Financial Intelligence Unit or the competent national authority to fulfil its tasks properly for the purposes of this Directive; in accordance with Article 15(1) of Directive (EU)2016/680 and Article 41(4) of Directive 2015/849 in their respective scope of application.
Amendment 218 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. By [OJ please insert date: threewo years after the date of transposition of this Directive] at the latest, and every three years thereafter, the Commission shall draw up a report on the implementation of this Directive and submit it to the European Parliament and to the Council. The report shall be made public.
Amendment 219 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Amendment 220 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by XXYY [262 months after the date of entry into force of Directive (EU) (…)/2018: OJ please insert number of Directive amending Directive (EU) 2015/849] at the latest. They shall forthwith communicate to the Commission the text of those provisions.