Activities of Bernd LUCKE related to 2016/0413(COD)
Shadow 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 (13)
Amendment 80 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 33 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8- 0001/2017),
Amendment 82 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33 and 114 thereof,
Amendment 83 #
Proposal for a regulation
Recital 2
Recital 2
(2) The re-introduction into the economy of illicit proceeds and the diversion of money to finance illicit activities create distortions and unfair competitive disadvantages to law-abiding citizens and companies, and are therefore a threat to the functioning of the internal market. Moreover, it fosters criminal and terrorist activities which endanger the security of Union citizens. Accordingly, the Union has taken action to protect itself.
Amendment 101 #
Proposal for a regulation
Recital 15
Recital 15
(15) Prepaid cards are non-nominal cards storing or providing access to monetary value or funds which can be used for payment transactions, for acquiring goods or services or for redemption of currency and which are not linked to a bank account. They are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest. As such prepaid cards are easily transferrable and can be used to transfer considerable value across external borders. It is therefore necessary to include certain types of prepaid cards in the definition of cash, in particular if they can be bought without customer due diligence procedures (“anonymous prepaid cards”). This will allow for the possibility to extend the measures to certain types of prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability.
Amendment 106 #
Proposal for a regulation
Recital 16
Recital 16
(16) For the prevention of money laundering and the financing of terrorism, an obligation to declare should be imposed on natural persons entering or leaving the Union. In order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities, the obligation should be subject to a threshold of EUR 10 000 or its equivalent in if the total value of cash they carry in any currency, commodities used as a highly liquid store of value, bearer- negotiable instruments, and anonymous pre-paid cards' worth or o valued at their currencies. Itmaximum store of money exceeds a threshold of EUR 10 000. The obligation to declare should apply to natural persons carrying such amounts on their person, in their luggage or in the conveyance in which they cross the external border. They should be required to make the cash available to the competent authorities for control. In order not to restrict free movement unduly or overburden innocent citizens and authorities with administrative formalities, natural persons carrying less such cash should not be obliged to submit a declaration.
Amendment 108 #
Proposal for a regulation
Recital 17
Recital 17
(17) As regards movements of cash that is not accompanied by its owner, sender, intended recipient or their representative, such as cash entering or leaving the Union in postal packages, courier shipments, unaccompanied luggage or containerised cargo, the competent authorities at the external border should have the power to require the sender or the recipient or their representative to make a disclosure declaration. Such disclosure should cover a number of elements, such as the origin, destination, economic provenance and intended use of the funds, which are not covered by the usual documentation submitted to customs, such as shipping documents and customs declarations. This will allow the competent authorities to carry out risk analysis and concentrate their efforts on those shipments which they deem to present the highest risk, while not imposing systematic additional formalities. The disclosure obligation should be subject to a threshold identical tosignificantly lower than that for cash carried by natural persons.
Amendment 128 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to encourage compliance and deter circumvention, Member States should introduce penalties for non- compliance with the obligations to declare or disclose. The penalties should apply only to the failure to declare or disclose under this Regulation and should not take into account the criminal activity potentially associated with the cash, which may be the object of further investigation and measures falling outside the scope of this Regulation. They should be effective, proportionate and dissuasive, and not go beyond what is required to encourage compliance. Member States should agree on a uniform set of penalties to prevent the flow of illicit cash using the points of entry with the lowest penalties for noncompliance.
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point a – indent 4
Article 2 – paragraph 1 – point a – indent 4
- certain types of prepaid cards referred to in Annex I;
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'prepaid card' means a non-nominal card storing or providing access to monetary value or funds which can be used for payment transactions, for acquiring goods or services or for redemption of currency and which is not linked to a bank account;
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where unaccompanied cash of a value of EUR 102 000 or more is entering or leaving the Union, the competent authorities of the Member State through which the cash is entering or leaving may, following a risk analysis, require the sender or the recipient or their representative to make a disclosure declaration. The obligation to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control.
Amendment 220 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. The period of retention may be extended once with another period which shall not exceed five additional years if - after they have carried out a thorough assessment of the necessity and proportionality of such further retention and consider it to be justified for the fulfilment of their tasks with respect to the fight against money laundering or terrorist financing, the Financial Intelligence Unit determines that further retention is required or; - after they have carried out a thorough assessment of the necessity and proportionality of such further retention and consider it to be justified for the fulfilment of their tasks with respect to providing effective controls as regards the obligation to declare laid down under this Regulation, competent authorities determine that further retention is required.
Amendment 225 #
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 laid down in Articles 3 and 4. Such penalties shall be effective, proportionate and dissuasive. Member States shall aim at introducing a uniform set of penalties across the Union.
Amendment 262 #
Proposal for a regulation
Annex I – point 3
Annex I – point 3
3. The following prepaid cards shall be considered cash in accordance with Article 2(1)(a)(iv): anonymous prepaid cards which can be bought without customer due diligence procedures (indication of name, address and date of birth).