13 Amendments of Kostas CHRYSOGONOS related to 2016/0412(COD)
Amendment 13 #
Proposal for a regulation
Recital 3
Recital 3
(3) Freezing and confiscation of instrumentalities and proceeds of crime are among the most effective means of combatting crime, as it deprives criminals from the proceeds of their illegal activities and terrorists from organizing an attack. The European Union is committed to ensuring more effective identification, confiscation and re-use of criminal assets24 . _________________ 24 "The Stockholm programme – An open and secure Europe serving and protecting the citizens", OJ C 115, 4.5.2010, p.1.
Amendment 15 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 16 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) The illegal proceeds of crimes committed by criminal organisations are widely laundered in the legal European economy and such capital, once reinvested in the regular economy, constitutes a severe threat to free enterprise and competition, as it has a seriously distorting impact;
Amendment 17 #
Proposal for a regulation
Recital 7 c (new)
Recital 7 c (new)
(7c) At the moment, about 98,9% of estimated criminal profits are not confiscated and remain at the disposal of criminals.
Amendment 18 #
Proposal for a regulation
Recital 7 d (new)
Recital 7 d (new)
(7d) Organised crime, corruption and money laundering pose serious threats to the economy of the Union, among others by significantly reducing the tax revenues of Member States and the Union as a whole, and to the accountability of Union- funded projects, as criminal organisations operate in various sectors, many of which are subject to governmental control.
Amendment 26 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation respects the fundamental rights and observes thethe relevant principles recognised in the Charter of Fundamental Rights of the European Union (the Charter) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR). This Regulation should be applied in accordance with those rights and principles.
Amendment 27 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The mutual recognition of freezing or confiscation orders must be fully in line with fundamental rights protected by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.
Amendment 32 #
Proposal for a regulation
Recital 24
Recital 24
(24) The executing authority should recognise a freezing order without further formalities and should immediately take the necessary measures for its execution. The decision on the recognition and execution of the freezing order should be taken and the freezing should be carried out with the same celerity and priority as for a similar domestic case. TFirm time limits should be set out in order to ensure a quick and efficient decision and execution of the freezing order.
Amendment 33 #
Proposal for a regulation
Recital 27
Recital 27
(27) Before deciding to apply a ground for non-recognition and non-execution, the executing authority should consult the issuing authority without any undue delay, in order to obtain any necessary additional information.
Amendment 35 #
Proposal for a regulation
Recital 28
Recital 28
(28) It should be possible for the executing authority to postpone the execution of a confiscation or a freezing order, notably where its execution mightis strongly expected to damage an ongoing criminal investigation. As soon as the ground for postponement has ceased to exist, the executing authority should take the necessary measures for the execution of the order.
Amendment 36 #
Proposal for a regulation
Recital 31
Recital 31
(31) The proper practical operation of this Regulation presupposes close communication and optimal cooperation between the competent national authorities involved, in particular in cases of simultaneous execution of a freezing or confiscation order in more than one Member State. The competent national authorities should therefore consult each other whenever necessary.
Amendment 54 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The issuing authority shall complete without undue delay the certificate set out in Annex I, sign it and certify its content as being accurate and correct.
Amendment 55 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The issuing authority shall translate without undue delay the certificate into an official language of the executing State or any other language indicated by that Member State in accordance with paragraph 3.