25 Amendments of Fabio Massimo CASTALDO related to 2018/0105(COD)
Amendment 39 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of csertainious criminal offences and repealing Council Decision 2000/642/JHA
Amendment 50 #
Proposal for a directive
Recital 8
Recital 8
(8) Asset Recovery Offices should be designated among the competent authorities and have direct accessbe able to have access, in accordance with national laws, to the information held in centralised bank account registries when preventing, detecting or investigating a specific serious criminal offence or supporting a specific criminal investigation, including the identification, tracing and freezing of assets.
Amendment 56 #
Proposal for a directive
Recital 11
Recital 11
(11) The information acquired by competent authorities from the national centralised bank account registries can be exchanged with competent authorities located in a different Member State, in accordance with Council Framework Decision 2006/960/JHA14 and Directive 2014/41/EU15 of the European Parliament and the Council15, in compliance with the data protection provisions laid down in Directive 2016/680/EU of the European Parliament and of the Council15 a. _________________ 14 Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union, OJ L 386 of 29.12.2006, p. 89. 15 Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters, OJ L 130 of 1.5.2014, p. 1. 15 a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
Amendment 57 #
Proposal for a directive
Recital 12
Recital 12
(12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Sincethe exchange of information between law enforcement or prosecution services and Financial Intelligence Units remains insufficient. However, Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, and different Financial Intelligence Units have varying degrees of access to the regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Unitestablished under national laws.
Amendment 65 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should also set out a clearly defined legal framework to enable Financial Intelligence Units to request access to relevant data stored by designated competent authorities in order to enable them to prevent and combat money laundering, the associated predicate offences and terrorist financing effectively.
Amendment 66 #
Proposal for a directive
Recital 15
Recital 15
(15) Sharing information between Financial Intelligence Units and with competent authorities should only be permitted where it is necessary on a case- by-case basis, either for the prevention, detection, investigation or prosecution of serious criminal offences as defined by this Directive, or for money laundering, the associated predicate offences and terrorist financing.
Amendment 71 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit should be empowered to exchange information or analysis already in its possession or which can be obtained from obliged entities at the request of another Financial Intelligence Unit or of a competent authority in its Member State. This exchange should not hamper a Financial Intelligence Unit's active role in disseminating its analysisown information to other Financial Intelligence Units where that analysisinformation reveals facts, conduct or suspicion of money laundering and terrorist financing of direct interest to those other Financial Intelligence Units. Financial analysis covers operational analysis which focuses on individual cases and specific targets or on appropriate selected information, depending on the type and volume of the disclosures received and the expected use of the information after dissemination as well as strategic analysis addressing money laundering and terrorist financing trends and patterns. However, this Directive should be without prejudice to the organisational status and role conferred to Financial Intelligence Units under the national law of Member States.
Amendment 74 #
Proposal for a directive
Recital 17
Recital 17
(17) Time limits for exchanges of information between Financial Intelligence Units are necessary to ensure quick, effective and consistent cooperation. Sharing information necessary to solve cross-border cases and investigations should be carried out with the same celerity and priority as for a similar domestic case. Time limits should be provided to ensure effective sharing of information within reasonable time or to meet procedural constraints. Shorter time limits should be provided in duly justified cases, where the requests relate to specific serious criminal offences, such as terrorist offences and offences related to a terrorist group or activities as laid down in Union lawMember States should encourage their competent authorities to rapidly, constructively and effectively provide the widest possible range of cross-border cooperation for the purposes of this Directive, in compliance with existing legislation and respecting the independence of the Financial Intelligence Units.
Amendment 82 #
Proposal for a directive
Recital 20
Recital 20
(20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16, Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit replies to requests for financial information and financial analysis made by Europol through the respective Europol National Unit. Member States should also provide that their Europol National Unit replies to requests for information on bank accounts by Europol. Requests made by Europol have to be duly justified. They have to be made on a case-by case basis, within the limits of Europol's responsibilities and for the performance of its tasks. and in compliance with national laws. _________________ 16 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53.
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down measures to facilitate access by competent authorities 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 access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units, in compliance with the national law.
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
(aa) the competences of the national authorities responsible for the application of the laws concerning the prevention of the use of the financial system for the purposes of money laundering or terrorist financing;
Amendment 111 #
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 is held by Financial Intelligence Units 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 lawon financial activities, movement of funds or financial reports held by Financial Intelligence Units under Chapter IV of Directive (EU) 2015/849;
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to access and search the national centralised bank account registries set up by the Member States in accordance with Article 32a of Directive (EU) 2015/849. They shall include the Europol National Units and the Asset Recovery Offices.
Amendment 125 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to request and receive financial information or financial analysis from the Financial Intelligence Unit. They shall include the Europol National Units.
Amendment 140 #
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 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 analysismay be obtained by the competent authorities that request it in compliance with the applicable laws and regulations, is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offences and is not directly available. The exceptions and conditions laid down in Articles 32(5), 53 and 54 of Directive (EU) 2015/849 shall apply.
Amendment 160 #
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.
Amendment 167 #
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 analysis, 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 170 #
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 248 hours after the receipt of the request.
Amendment 174 #
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 a high level of data security.
Amendment 181 #
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 Financial Intelligence Unit 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.
Amendment 184 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 190 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Europol is entitled to reply to requests for information by Financial Intelligence Units on a case-by-case basis and where the information is necessary for the prevention and combating of money laundering, associated predicate offences and terrorist financing;
Amendment 198 #
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 tasks.
Amendment 201 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
This Chapter shall only apply to designated competent authorities and Financial Intelligence Units in the exchange of information pursuant to Chapter III and in respect of exchanges of financial information and financial analysis involving the Europol National Units pursuant to Chapter IV.