8 Amendments of Jonás FERNÁNDEZ related to 2016/0413(COD)
Amendment 88 #
Proposal for a regulation
Recital 6
Recital 6
(6) Directive (EU) 2015/849 identifies and describes a number of criminal activities the proceeds of which may be subject to money laundering or used for the financing of terrorism. Often, the proceeds of those criminal activities are, for the purpose of their being laundered or used for terrorism financing, transported across the external border of the Union. This Regulation should take this into account and lay down a system of rules that, apart from contributing to the prevention of money laundering and terrorism financing as such, facilitate the detection and investigation of the criminal activities identified in Directive (EU) 2015/849 as well as those affecting the security of the Union and of its Member States.
Amendment 107 #
Proposal for a regulation
Recital 16
Recital 16
(16) For the prevention of money laundering and, the financing of terrorism, and other activities contrary to the security of the Union as a whole and of its Member States 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 commodities used as a highly liquid store of value, bearer-negotiable instruments, pre-paid cards' worth or other currencies. It 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.
Amendment 127 #
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, and be established in accordance with the calculation method and, where appropriate, the maximum and minimum amounts set by the Commission, in order to avoid excessive disparities in the application of penalties for non-compliance across the Member States.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation provides for a system of controls with respect to cash entering or leaving the Union, to complement the legal framework for the prevention of money laundering and terrorist financing laid down in Directive (EU) 2015/849, and for the prevention of any other criminal activity contrary to the security of the Union or of its Member States.
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 14 in order to amend Annex I to take account of new trends in money laundering or terrorist financing, as defined in paragraphs 3, 4 and 5 of Article 1 of Directive (EU) 2015/849, or best practices in preventing money laundering or, terrorist financing, organised crime and any other criminal activity contrary to the security of the Union or of its Member States, or to prevent the use by criminals of bearer- negotiable instruments, commodities used as highly liquid stores of value or prepaid cards to circumvent the obligations laid down in Articles 3 and 4, and to establish the method for the calculation of the penalties for non- compliance referred to in Article 13 and, where appropriate, their maximum and minimum levels.
Amendment 208 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the Union, the information referred to in paragraph 1 shall also be transmitted to the Commission. The Commission shall carry out a statistical analysis of the information received and make this available to the public.
Amendment 213 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) declarations obtained under Article 3 or 4, where there are indications that the cash is related to money laundering or, terrorist financing or any other criminal activity contrary to the security of the Union or of its Member States.
Amendment 224 #
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, in accordance with the method of calculation and, where appropriate, the maximum and minimum levels set by the Commission by delegated act.