Activities of Eleni STAVROU related to 2022/0398(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the Definition of criminal offences and penalties for the violation of Union restrictive measures
Amendments (9)
Amendment 26 #
Proposal for a directive
Recital 6
Recital 6
(6) Persons, entities and bodies, which are designated individually in Union restrictive measures and subject to those Union restrictive measures, may often be involved as instigators and accomplices. For instance, the practice by designated persons and entities of transferring funds, property or economic resources to a third party with a view to circumvent Union restrictive measures is increasingly widespread and risks to undermine the objectives of the Union restrictive measures. Therefore, this conduct is covered by the circumvention offence approximated by this Directive.
Amendment 31 #
Proposal for a directive
Recital 19
Recital 19
(19) To ensure the effective investigation and prosecution of violations of Union restrictive measures, Member States’ competent authorities should cooperate through and with Europol, Eurojust and the European Public Prosecutor’s Office (EPPO) within the limits of their respective mandates. These competent authorities should also share information among each other and with the Commission on practical issues.
Amendment 35 #
Proposal for a directive
Recital 23
Recital 23
(23) The objectives of this Directive, namely to ensure common definitions of offences related to the violation of Union restrictive measures and the availability of effective, dissuasive and proportionate criminal penalties for serious offences related to the violation of Union restrictive measures cannot be sufficiently achieved by Member States but can rather, by reason of the scale and effects of this Directive, be better achieved at Union level, taking into account the inherent cross-border nature of the violation of Union restrictive measures and their potential to undermine the achievement of the Union objectives to safeguard international peace and security as well as to uphold Union common values and defend the Union financial interests. Therefore the Union may adopt measures, in accordance with the principle of subsidiarity as set out in accordance with Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
Amendment 40 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (h)(iii), (iv) and (v), are punishable by a maximum penalty of at least one year of imprisonment when they involve funds or economic resources of a value of at least EUR 100 000. Member States shall ensure that the threshold of EUR 100 000 or more maycan also be met through a series of linked offences referred to in Article 3(2), points (h)(iii), (iv) and (v), when committed by the same offender.
Amendment 41 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), are punishable by a maximum penalty of at least five years of imprisonment when they involve funds or economic resources of a value of at least EUR 100 000. Member States shall ensure that the threshold of EUR 100 000 or more maycan also be met through a series of linked offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), by the same offender.
Amendment 44 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) Member States shall take the necessary measures to ensure that for legal persons held liable pursuant to Article 7 the criminal offences referred to in Article 3(2), points (h) (iii) to (v), are punishable by fines, the maximum limit of which should be not less than 1 percent of the totalconsolidated worldwide turnover of the legal person in the business year preceding the fining decision.
Amendment 45 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) Member States shall take the necessary measures to ensure that for legal persons held liable pursuant to Article 7 the criminal offences referred to in Article 3(2), points (a) to (f), (h)(i) and (ii), and point (i), are punishable by fines, the maximum limit of which should be not less than 5 percent of the totalconsolidated worldwide turnover of the legal person in the business year preceding the fining decision.
Amendment 54 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
(1) Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, the Commission, and where appropriate, Europol and Eurojust, Eurojust and EPPO in regards to Member States participating in the enhanced cooperation on the establishment of the EPPO are involved, shall provide technical and operational assistance in order to facilitate the coordination of investigations and prosecutions by the competent authorities.
Amendment 57 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
(2) Member States’ competent authorities shall also regularly share information between them and with the Commission on practical issues, in particular, patterns of circumvention, e.g. structures to conceal the beneficial ownership and control of assets, with the Commission and other competent authorities.