Activities of Cătălin Sorin IVAN related to 2016/0412(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of freezing and confiscation orders
Amendments (15)
Amendment 30 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Whereas the mutual recognition of freezing and confiscation orders in the Union is an important step in the fight against crime, considerable number of assets are held offshore, unreported and untaxed, in third countries outside the Union. A comprehensive plan to discourage transfers of assets to other non-EU countries and to find an effective way to recover them will represent a major step forward.
Amendment 31 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is important to facilitate the mutual recognition and execution of orders to freeze and to confiscate property by establishing rules obliging a Member State to recognise and execute in its territory freezing and confiscation orders issued by another Member State within the framework of criminal, civil and administrative proceedings.
Amendment 33 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal, civil or administrative offence and all freezing orders issued with a view to possible subsequent confiscation. It should therefore cover all types of orders covered by Directive 2014/42/EU, as well as other types of orders issued without final conviction within the framework of criminal proceedings. This Regulation should not apply to freezing and confiscation orders issued within the framework of, civil or administrative proceedings.
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down the rules under which a Member State shall recognise and execute in its territory a freezing or a confiscation order issued by another Member State within the framework of criminal, civil and administrative proceedings.
Amendment 40 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘confiscation order’ means a final penalty or measure imposed by a court or a competent authority following proceedings in relation to a criminal, civil or administrative offence, resulting in the final deprivation of property from a natural or legal person;
Amendment 42 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'proceeds' means any economic advantage derived directly or indirectly from a criminal, civil or administrative offence; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;
Amendment 44 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'instrumentalities' means any property used or intended to be used, in any manner, wholly or in part, to commit a criminal offence or criminal, civil or administrative offence or criminal, civil or administrative offences ;
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'issuing State' means the Member State in which a freezing order or a confiscation order is issued within the framework of criminal, civil or administrative proceedings;
Amendment 48 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a – point 2
Article 2 – paragraph 1 – point 8 – point a – point 2
(2) any other competent authority as defined by the issuing State which has competence in criminal, civil or administrative, proceedings to order the freezing of property or to execute a freezing order in accordance with national law. In addition, before it is transmitted to the executing authority the freezing order shall be validated, after examination of its conformity with the conditions for issuing such an order under this Regulation, in particular the conditions set out in Article 13(1), by a judge, court, investigating judge or a public prosecutor in the issuing State. Where the order has been validated by such an authority, that authority may also be regarded as an issuing authority for the purposes of transmission of the order;
Amendment 50 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) in respect of a confiscation order, a competent authority as defined by the issuing State which, in criminal, civil or administrative proceedings, has competence to enforce a confiscation order issued by a court in accordance with national law;
Amendment 54 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 12
Article 3 – paragraph 1 – indent 12
Amendment 56 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission shall, by means of delegated acts, update on a regular basis the list of offences covered by paragraph 1.
Amendment 65 #
Proposal for a regulation
Article 20 – paragraph 1 – point 4
Article 20 – paragraph 1 – point 4
(4) However, this point shall only apply where such an order would have priority over subsequent national freezing orders in criminal, civil or administrative proceedings under national law.
Amendment 69 #
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) if the amount obtained from the execution of the confiscation order is equal to or less than EUR 10 000, 50% of the amount shall accrue to the executbe transferred by the executing State to the issuing State;
Amendment 70 #
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) if the amount obtained from the execution of the confiscation order is more than EUR 10 000, 50 % of the amount shall be transferred by the executing State to the issuing State, minus the costs of the execution of the confiscation order without exceeding 50 % of the amount.