3 Amendments of Damien CARÊME related to 2021/0244(COD)
Amendment 8 #
Proposal for a directive
Recital 5
Recital 5
(5) Considering the cross-border nature of organised crime and money laundering as well as the importance of relevant financial information for the purposes of combating serious criminal activities, including by swiftly tracing, freezing and confiscating illegally obtained assets where possible and appropriate, authorities competent for the prevention, detection, investigation or prosecution of criminal offences designated in accordance with Directive (EU) 2019/1153 should be able to directly access and search the centralised bank account registries of other Member States through the BAR single access point put in place pursuant to Directive (EU) YYYY/XX.
Amendment 10 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Direct cross-border access of law enforcement authorities to centralised bank account registries through the single access point should be compatible with Union law, and in particular with the rule of law in accordance with Article 2 of the Treaty on European Union (TEU) and with fundamental rights in accordance with Article 6 TEU, including the right to privacy and data protection, the right to an effective remedy and to a fair trial, the presumption of innocence and the right of defence and the principles of the legality and proportionality of criminal offences and penalties, as well as the fundamental rights and principles provided for in 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.
Amendment 12 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive (EU) 2019/1153
Article 4, paragraph 1a (new)
Article 4, paragraph 1a (new)
1a. Member States shall ensure that the competent national authorities designated pursuant to Article 3(1) have the power to access and search, directly and immediately, bank account information in other Member States available through the bank account registers (BAR) single access point put in place pursuant to Article XX of Directive (EU) YYYY/XX [the new Anti-Money Laundering Directive] when necessary for the performance of their tasks for the purposes of preventing, detecting, investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence, including the identification, tracing and freezing of the assets related to such investigation.. The gathering of bank account information under the first subparagraph shall be proportionate for the purpose of the proceedings, taking into account the rights of the suspected or accused person, and respecting the fact that the search would have been possible under the same conditions in a similar domestic case. Search and access to the bank account information in other Member States through the BAR single access point shall be linked to a specific investigation. Information obtained through access and search of the BAR single access point shall be used only for the purpose for which it was sought. Member States shall ensure that, when conducting cross- border access and searching for information through the single point of access to bank account registers, the competent authorities designated by them respect the procedural rights of individuals and comply with Union rules on personal data protection.