Activities of Salvatore Domenico POGLIESE related to 2016/0412(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of freezing and confiscation orders PDF (1 MB) DOC (179 KB)
Amendments (20)
Amendment 99 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The rules on the destination of confiscated goods should include appropriate forms of compensation for the families of police officers and public servants killed in the line of duty and police officers and public servants permanently disabled in the line of duty. Each Member State should accordingly set up a fund earmarked for this purpose and assign to it a portion of the confiscated assets.
Amendment 100 #
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32b) A portion of the confiscated assets should be earmarked for EU-managed structures to combat organised crime and terrorism. A portion of the assets confiscated by the Member States should be transferred to the Union budget to provide additional funding for Europol and the European Counter Terrorism Centre.
Amendment 101 #
Proposal for a regulation
Recital 32 c (new)
Recital 32 c (new)
(32c) Confiscated assets should be properly managed in order to reaffirm and promote respect for legality through their reuse in the social and economic interest of the communities directly affected by the activities of terrorists and criminal organisations.
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 12 a (new)
Article 3 – paragraph 1 – indent 12 a (new)
- offences against intellectual and industrial property,
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 13
Article 3 – paragraph 1 – indent 13
- environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties and illicit waste trafficking,
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 22
Article 3 – paragraph 1 – indent 22
- racketeering and, extortion and usury,
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 23
Article 3 – paragraph 1 – indent 23
- smuggling, counterfeiting and piracy of products,
Amendment 177 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where it is not possible in a specific case to meet the time limits set out in paragraphs 2 or 4, the executing authority shall, without delay, inform the issuing authority by any means capable of producing a written record, giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the confiscation. In such a case, the time limit laid down in paragraphs 2 or 4, may be extended by a maximum of 30 days.
Amendment 204 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The executing authority may decide to lift the freezing order if, during the execution, it becomes aware that one of the grounds for non-recognition and non- execution applies. The executing authority shall communicate to the issuing authority, by any means capable of producing a written record, the reasons for the decision to revoke the freezing order.
Amendment 216 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where it is not possible in a specific case to meet the time limits set out in paragraphs 3 or 6, the executing authority shall immediately inform the issuing authority by any means capable of producing a written record, giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the freezing.
Amendment 223 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The notification shall contain information, at least briefly, on the reasons of the freezing order, on the authority who issued the order and on the existing legal remedies under the national law of the executing State.
Amendment 226 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The executing authority shall, in accordance with its national law, guarantee the confidentiality of the facts and the substance of the freezing order, except to the extent necessary to execute it. If the executing authority cannot comply with the requirement of confidentiality, it shall notify the issuing authority immediately, indicating the reasons for this by any means capable of producing a written record.
Amendment 230 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. After consulting the issuing authority, the executing authority, taking into account the circumstances of the case, may make a reasoned request to the issuing authority to limit the period for which the property shall be frozen. If the issuing authority does not agree to such a limitation, it shall inform the executing authority thereof by any means capable of producing a written record, stating its reasons. If the issuing authority does not do so within six weeks of receiving the request, the executing authority may lift the freezing order.
Amendment 240 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
The executing State shall terminate the execution of the order as soon as it is informed by the issuing authority of that decision or measure and shall confirm this to the issuing country without delay by any means capable of producing a written record.
Amendment 245 #
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) if the amount obtained from the execution of the confiscation order is more than EUR 10 000, 570% of the amount shall be transferred by the executing State to the issuing State.
Amendment 251 #
Proposal for a regulation
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. Each Member State shall take the necessary measures, including the setting up of a national fund to guarantee appropriate compensation for the families of police officers and public servants killed in the line of duty and police officers and public servants permanently disabled in the line of duty. Each Member State shall earmark a portion of confiscated assets for this purpose.
Amendment 252 #
Proposal for a regulation
Article 31 – paragraph 4 b (new)
Article 31 – paragraph 4 b (new)
4b. The Member States shall transfer a portion of the proceeds from confiscated assets to the Union budget to provide funding for the work of Europol and the European Counter Terrorism Centre.
Amendment 253 #
4c. Each Member State shall take the necessary measures to establish a national centralised office responsible for managing confiscated assets and assets that have been frozen with a view to possible confiscation. Confiscated assets shall be earmarked primarily for local communities directly affected by the criminal activities of illicit organizations or acts of terrorism. These assets shall be in the public interest or for socially useful purposes in line with the legislation of the country concerned.
Amendment 254 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The issuing authority shall communicate the decision referred to in paragraph 3 and 4(d) to the executing authority by any means capable of producing a written record. If a procedure to compensate or restitute the victim is pending in the issuing State, the executing State shall withhold the disposition of the confiscated property until the decision is communicated to the executing authority.
Amendment 255 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the executing State has had costs which it considers large or exceptional, the executing authority may propose to the issuing authority that the costs be shared. The issuing authority shall take into account such a proposal on the basis of detailed specifications given by the executing authority and inform the executing authority of its conclusions by any means capable of producing a written record.