38 Amendments of Kostas CHRYSOGONOS related to 2018/0105(COD)
Amendment 40 #
Proposal for a directive
Recital 1
Recital 1
(1) Facilitating the use of financial information is necessary to prevent, detect, investigate or prosecute serious crimespecific criminal offences, in particular money laundering, the associate predicate offences and terrorist financing.
Amendment 42 #
Proposal for a directive
Recital 2
Recital 2
(2) In order to enhance security in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units and public authorities responsible for the prevention, detection, investigation or prosecution of serious forms of crimes,pecific criminal offences, in particular money laundering, the associate predicate offences and terrorist financing, as well as to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 49 #
Proposal for a directive
Recital 8
Recital 8
(8) Asset Recovery Offices should be designated among the competent authorities and have direct access to the information held in centralised bank account registries when preventing, detecting or investigating a specific serious criminal offences, and in particular money laundering, the associate predicate offences, terrorist financing or supporting a specificrelevant criminal investigation, including the identification, tracing and freezing of assets.
Amendment 54 #
Proposal for a directive
Recital 10
Recital 10
(10) The perpetrators of criminal offences, in particular criminal groups and terrorists, often operate across different Member States and their assets, including bank accounts, are often located in other Member States. Given the cross-border dimension of serious crimes, including terrorismpecific criminal offences, in particular money laundering, the associate predicate offences, terrorist financing, and of other related criminal financial activities, it is often necessary for competent authorities carrying out investigations to access information on bank accounts held in other Member States.
Amendment 63 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to enhance legal certainty and operational effectiveness, this Directive should lay down rules to strengthen the Financial Intelligence Units' ability to share information with their designated competent authorities for all serious criminal offences, in particular for money laundering, the associate predicate offences and terrorist financing.
Amendment 64 #
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 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, whilst fully respecting the fundamental rights.
Amendment 67 #
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 and sufficiently reasoned on a case- by-case basis, eithein particular for the prevention, detection, investigation or prosecution of serious criminal offences or for money laundering, the associated predicate offences and terrorist financing.
Amendment 72 #
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 legally 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 analysis to other Financial Intelligence Units where that analysis 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 76 #
Proposal for a directive
Recital 18
Recital 18
(18) The use of secure facilities for the exchange of information, in particular the decentralised computer network FIU.net (the ‘FIU.net’), which is managed by Europol since 1 January 2016, or its successor and the techniques offered by FIU.net, within the scope of this Directive should be legally used for exchanges of such information between Financial Intelligence Units.
Amendment 80 #
Proposal for a directive
Recital 19
Recital 19
(19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically and precisely set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. This Directive should not bring any changes to currently agreed methods of data collection.
Amendment 81 #
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. _________________ 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 89 #
Proposal for a directive
Recital 22
Recital 22
(22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be required to ensure that the processing of sensitive financial information that could reveal, inter alia, a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation should be allowed only to the extent that it is strictly necessary and relevant to a specific investigation.
Amendment 91 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and by the Charter of Fundamental Rights of the European Union, in particular the right to respect for private and family life (Article 7) and, the right to the protection of personal data (Article 8), the right to an effective remedy and to a fair trial (Article 47), the presumption of innocence and right of defence (Article 48), principles of legality and proportionality of criminal offences and penalties (Article 49), by international law and international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in Member States' constitutions in their respective fields of application. This Directive respects and observes also the freedom to conduct a business, the prohibition of discrimination, the right to an effective remedy and to a fair trial, the presumption of innocence and the rights of the defence.
Amendment 92 #
Proposal for a directive
Recital 24
Recital 24
(24) It is essential to ensure that processing of personal data under this Directive fully respects the right to protection of personal data. Any such processing is subject to Directive (EU) 2016/680 of the European Parliament and of the Council and to Regulation (EU) 2016/679 of the European Parliament and of the Council18 , in their respective scope of application. As far as the access of Asset Recovery Offices to centralised bank account registries and data retrieval systems is concerned, Directive (EU) 2016/680 applies while Article 5(2) of Council Decision 2007/845/JHA should not apply. As far as Europol is concerned, Regulation (EU) 2016/794 applies. Specific and additional safeguards and conditions for ensuring the protection of personal data should be laid down also in this Directive in respect of mechanisms to ensure the processing of sensitive data and records of information requests. _________________ 18 Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 94 #
Proposal for a directive
Recital 25
Recital 25
(25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime of complying with the requirements of this Directive, and in particular for the purposes of prevention, detection, investigation or prosecution of money laundering, the associate predicate offences and terrorist financing. The collection and subsequent processing of personal data by obliged entities should not be further processed in a way that is incompatible with the aforementioned purposes. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 101 #
Proposal for a directive
Recital 29
Recital 29
(29) This Directive aims at ensuring that rules are adopted to provide Union citizens with a higher level of security, rule of law and democracy by preventing and combating crime, pursuant to Article 67 of the Treaty on the Functioning of the European Union. Due to their transnational nature, the terrorist and criminal threats affect the Union as a whole and require a Union wide response. Criminals may exploit, and will benefit from, the lack of an efficient use of bank account information and financial information in a Member State, which can have consequences in another Member State. Since the objective of this Directive cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level through a sincere and in good faith cooperation between the Member States and the competent EU institutions, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 104 #
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 offencespecific criminal offences, in particular money laundering, the associate predicate offences and terrorist financing. 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.
Amendment 114 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'financial information' means any type of legally obtained or collected information or data which is legally held by Financial Intelligence Units to prevent, detect and effectively combat money laundering and terrorist financing, or any type of such 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 law;
Amendment 116 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'law enforcement information' means any type of legally obtained or collected information or data which is legally held by competent authorities to prevent, detect, investigate or prosecute criminal offences or any type of such information or data which is held by public authorities or by private entities for those purposes and which is available to competent authorities without the taking of coercive measures under national law;
Amendment 121 #
Proposal for a directive
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
Amendment 123 #
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 legally 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 in full respect of the fundamental rights. They shall include the Asset Recovery Offices.
Amendment 126 #
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 129 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the competent authorities designated pursuant to Article 3(1) shall have the power to legally access and search, directly and immediately, relevant bank account information when is necessary for the performance of their tasks for the purposes of preventing, detecting, investigating or prosecuting a serious criminal offencein particular money laundering, the associated predicate offences, terrorist financing and terrorism money laundering, the associate predicate offences and terrorist financing or supporting a criminal investigation concerning a serious criminalsuch offences, including the identification, tracing and freezing of the assets related to such investigation. The request to competent authorities to access and search relevant bank information shall be sufficiently reasoned.
Amendment 133 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The legal access and search of bank account information in accordance with Article 4 shall be performed, only by the persons within each competent authority that have been specifically designated and authorised to perform these tasks and on a case- by-case basis, provided this is sufficiently reasoned and necessary for preventing, detecting, investigating or prosecuting of money laundering, associate predicate offences and terrorist financing.
Amendment 141 #
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 toable to respond to sufficiently reasoned requests for financial information or financial analysis by its designated competent authorities referred to in Article 3(2), where that financial information or financial analysis is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offencemoney laundering, the associate predicate crimes and terrorist financing. A request shall contain the relevant evidence that should sufficiently reason the supply of such information or analysis.
Amendment 149 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The financial information and financial analysis received from the Financial Intelligence Unit may be processed by the competent authorities of the Member States for the specific purposes of preventing, detecting, investigating or prosecuting serious criminal offencesmoney laundering, the associate predicate offences and terrorist financing other than the purposes for which personal data are collected in accordance with Article 4(2) of Directive (EU) 2016/680, in so far as such a processing is necessary for preventing, detecting, investigating or prosecuting the aforementioned offences. In this context the fundamental rights shall be fully respected.
Amendment 155 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Subject to national procedural safeguards, each Member State shall ensure that its designated national competent authorities are required to reply toable to respond to sufficiently reasoned requests for law enforcement information by the national Financial Intelligence Unit, on a case-by- case basis, where the information is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 158 #
1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to legally 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 and terrorism. Such a request shall be sufficiently reasoned.
Amendment 169 #
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 offencemoney laundering, associate predicate offences and terrorist financing, a Financial Intelligence Unit shall provide that information or analysis no later than 24 hours after the receipt of the request.
Amendment 178 #
Proposal for a directive
Article 10
Article 10
Amendment 195 #
Proposal for a directive
Article 11
Article 11
Amendment 199 #
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.
Amendment 202 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing ofIn accordance with Article. 10 of Directive 2016/80, the processing of sensitive financial information that could revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case, that falls within the scope of this Directive. The publication and exchange of such information to other authorities or institutions shall be strictly prohibited.
Amendment 207 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The collection and subsequent processing of personal data by obliged entities shall not be further processed in a way that is incompatible with the EU law and the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 211 #
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In accordance with Article 15 of Directive 2016/680, Member States shallmay adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating to him or her processed under this Directive, to the extent that, and for as long as such a restriction constitutes a necessary and proportionate measure with due regard for the fundamental rights and legitimate interests of the data subject, in order to:
Amendment 213 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 215 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) avoid obstructing official or legal inquiries, analyses, investigations or procedures for the purposes of this Directive and to ensure thatavoid jeopardising the prevention, investigation and detection of money laundering, terrorist financing or other serious criminal offences is not jeopardisedand terrorism.
Amendment 217 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall review the effectiveness of their systems to combat serious criminal offences by maintaining comprehensive statisticsmoney laundering, the associate offences and terrorist financing by maintaining comprehensive statistics on access, exchange and use of financial information for the purposes of this Directive.