Activities of Eleni STAVROU related to 2022/0167(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on Asset recovery and confiscation
Amendments (10)
Amendment 65 #
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union, as well as to enable channelling of the net proceeds resulting from the liquidation of confiscated assets into the Union budget in the forms of new own resources and, where the assets stem from the crime of Russian aggression against Ukraine, in the form of external assigned revenue. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system.
Amendment 71 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) The net proceeds resulting from the liquidation of confiscated assets as a result of those crimes mentioned in recitals 9 and 10 of this Directive shall be considered for a transfer by the Member States to the Union budget in the form of a new own resource, based on a preliminary detailed assessment of the Commission.
Amendment 77 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The net proceeds resulting from the liquidation of confiscated assets for the Member States are highly unpredictable and volatile in nature. Due to this unpredictability, confiscation of assets may occur more often in some Member States than others. Besides possible windfall gains, investments and efforts which need to be taken to curb criminal offences and to finally confiscate assets are inseparable and unpredictable at the moment. To mutualise the risks and the benefits making the revenues of confiscated assets a new own resource follows the logic of European added value. Therefore, the net proceeds resulting from the liquidation of the confiscated assets other than those related to the crime of Russian aggression against Ukraine shall be considered for a transfer by the Member States to the Union budget in the form of a new own resource, based on a preliminary detailed assessment of the Commission.
Amendment 78 #
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39 b) The net proceeds resulting from the liquidation of confiscated assets resulting from the crime of Russian aggression against Ukraine shall be transferred by the Member States to the Union budget in form of the external assigned revenue. Such revenue should be allocated to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine used to support projects to build and rebuild infrastructure in Ukraine and to provide compensation to the Ukrainian victim population. Domestic civil society organisations in Ukraine should be involved in consultations during the preparation of the above-mentioned projects which shall include concrete deliverables and spending guidelines. The European Parliament and the Commission shall monitor and scrutinise by means of regular reporting and discharge procedure the implementation of these projects to ensure that the partners responsible for implementation on the ground respect the principle of good governance and anti-corruption measures.
Amendment 81 #
Proposal for a directive
Recital 45
Recital 45
(45) Asset recovery offices should also closely cooperate with EU bodies and agencies, including Europol, Eurojust and the European Public Prosecutor’s Office, in accordance with their respective mandates, insofar as it is necessary to trace and identify property within the cross-border investigations supported by Europol and Eurojust or within the investigations undertaken by the European Public Prosecutor’s Office. Asset recovery offices shall closely cooperate with the central and decentralised levels of the European Public Prosecutor's Office (EPPO) if appropriate with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO. Asset recovery offices shall therefore incur the reporting obligations under the EPPO Regulation, reporting to the EPPO in the same way as they do to national competent authorities and Financial Intelligence Units. Asset recovery offices should also cooperate with EPPO, Europol and Eurojust, in accordance with their respective mandates, insofar as it is necessary to trace and identify property to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.
Amendment 95 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. Member States shall decide on the use of the net proceeds resulting from the liquidation of confiscated assets except for those established as an own resource in accordance with Article 311(3) TFEU and those listed under Article 26a of this Directive, which shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation.
Amendment 97 #
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2 b. The net proceeds resulting from the liquidation of confiscated assets set out in Article 26a of this Directive shall be assigned to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine in the form of an external assigned revenue and shall be used to support projects to build and rebuild infrastructure in Ukraine and to provide compensation to the Ukrainian victim population.
Amendment 98 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
The net proceeds resulting from the liquidation of the confiscated assets related to the crimes set out in Article 26a (new) of this Directive shall be transferred by the national authorities of the Member States to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine.
Amendment 100 #
Proposal for a directive
Article 26 – paragraph 3 – point f a (new)
Article 26 – paragraph 3 – point f a (new)
(f a) the disaggregated value and characteristics of confiscated assets for the transfer to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine under the conditions provided for under Article 26a, with the details on the grounds of confiscation.
Amendment 101 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26 a Assets confiscated in the context of Russian aggression against Ukraine 1. Member States shall transfer the net proceeds resulting from the liquidation of confiscated assets resulting from the crime of Russian aggression against Ukraine and listed in the centralised registries referred to in Article 26 to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood). 2. Assets that have entered the Neighbourhood, Development and International Cooperation Instrument- Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine.