9 Amendments of Maria Gabriela ZOANĂ related to 2018/0105(COD)
Amendment 41 #
Proposal for a directive
Recital 1
Recital 1
(1) Facilitating the use of financial information is necessary to prevent, detect, investigate or prosecute serious crimescrimes of terrorism and the funding thereof.
Amendment 43 #
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 particularly serious forms of crimes, that endanger national and international security to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 48 #
Proposal for a directive
Recital 7
Recital 7
(7) Given that in each Member States there are numerous authorities or bodies which are competent for the prevention, detection, investigation or prosecution of criminal offences, and in order to ensure a proportionate access to financial and other information under the present Directive, Member States should bare required to designate which authorities should be empowered to have access to the centralised bank account registries and request information from Financial Intelligence Units for the purposes of this Directive and are also required to delimit their powers.
Amendment 52 #
Proposal for a directive
Recital 9
Recital 9
(9) To the extent that tax authorities and anti-corruption agencies are competent for the prevention, detection, investigation or prosecution of criminal offences under national law, they shouldmust also be considered authorities that can be designated for the purposes of this Directive. Administrative investigations shouldmust not be covered under the present Directive.
Amendment 53 #
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 terrorism, and of the related financial activities, it is often necessary for competent authorities carrying out investigations to access information on bank accounts held in other Member States, respecting the legal framework provisions and the principles of international cooperation in matters of criminal law.
Amendment 62 #
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 with highly dangerous consequences in terms of peace, security and law and order.
Amendment 69 #
Proposal for a directive
Recital 15
Recital 15
(15) Sharing information between Financial Intelligence Units and with competent authorities shouldmust only be permitted where it is necessary on a case- by-case basis, either for the prevention, detection, investigation or prosecution of serious criminal offences or for money laundering, the associated predicate offences and terrorist financing.
Amendment 88 #
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 bare required to ensure that the processing of sensitive financial information that could reveal a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation should be allowmay be envisaged only to the extent that it is strictly necessary and relevant to a specific investigation and authorised by a judicial institution.
Amendment 93 #
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 shouldmust be laid down 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).