2018/0105(COD) Use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
RADEV Emil ( PPE)
|
CHINNICI Caterina ( S&D),
STEVENS Helga ( ECR),
PETERSEN Morten ( ALDE),
JOLY Eva ( Verts/ALE),
CORRAO Ignazio ( EFDD)
|
| Committee Opinion | AFET | ||
| Committee Opinion | ECON |
LUCKE Bernd ( ECR)
|
Jeppe KOFOD ( S&D)
|
Lead committee dossier:
Legal Basis:
TFEU 087-p2
Legal Basis:
TFEU 087-p2Subjects
Events
2019/08/08
EC - Commission response to text adopted in plenary
Documents
2019/07/11
Final act published in Official Journal
Details
PURPOSE: to strengthen the fight against terrorist financing by providing competent authorities with direct access to bank account information.
LEGISLATIVE ACT: Directive (EU) 2019/1153 of the European Parliament and of the Council laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA.
CONTENT: the Directive lays down measures to:
- facilitate access to and the use of financial information and bank account information by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences;
- facilitate access to law enforcement information by Financial Intelligence Units (‘FIUs’) for the prevention and combating of money laundering, associate predicate offences and terrorist financing and measures to facilitate cooperation between FIUs.
Competent authorities
The Directive requires each Member State to designate the competent authorities empowered to access and search its national centralised bank account register. These competent authorities shall include at least the Asset Recovery Offices.
Access and consultation of information relating to bank accounts
Member States shall ensure that the competent national authorities designated have the power to access and search, directly and immediately, bank account information 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.
Access and searches shall be considered to be direct and immediate, inter alia , where the national authorities operating the central bank account registries transmit the bank account information expeditiously by an automated mechanism to competent authorities, provided that no intermediary institution is able to interfere with the requested data or the information to be provided.
Monitoring access and searches
Each access to and search of bank account information by the designated competent authorities shall be recorded in logs which shall include, inter alia , the date and time of the request or search, the name of the designated competent authority which consulted the register and the identifiers of the agent who carried out the search and the agent who ordered the search and, to the extent possible, the unique user identifier of the recipient of the results of the query or search.
Exchanges of information between competent authorities and FIUs and between FIUs
The Regulation ensures that FIUs are required to cooperate with the competent authorities and are able to respond in a timely manner to reasoned requests for financial information or financial analysis from the competent authorities.
The FIU shall not be required to respond to the request for information if there are objective reasons to assume that the disclosure of such information would have a negative impact on ongoing investigations or analyses. FIUs shall be required to explain any refusal to respond to a request for information.
The Directive also provides for the following:
- FIUs from different Member States shall be empowered to exchange information in exceptional and urgent cases related to terrorism or organised crime associated with terrorism;
- the designated competent authorities may exchange information or financial analyses obtained from the FIU of their Member State, upon request and on a case-by-case basis, with a designated competent authority of another Member State;
- the competent authorities and the FIU shall be empowered to respond (directly or through the Europol national unit) to duly justified requests from Europol for information relating to bank accounts and of a financial nature.
Processing of sensitive personal data
The processing of personal data revealing a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership or of data concerning a natural person’s health, sex life or sexual orientation shall only be allowed subject to appropriate safeguards for the rights and freedoms of the data subject, in accordance with the applicable data protection rules.
The Directive shall not preclude Member States from maintaining or concluding bilateral or multilateral agreements or arrangements between themselves on the exchange of information between competent authorities, insofar as such agreements or arrangements are compatible with Union law.
ENTRY INTO FORCE: 31.7.2019.
TRANSPOSITION: no later than 1.8.2021.
2019/06/20
CSL - Draft final act
Documents
2019/06/20
CSL - Final act signed
2019/06/20
EP - End of procedure in Parliament
2019/06/14
EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/06/14
CSL - Council Meeting
2019/04/17
EP - Results of vote in Parliament
Documents
2019/04/17
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 574 votes to 26 with 6 abstentions, a legislative resolution on the proposal for a Directive of the European Parliament and of the Council laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA.
The position of the European Parliament adopted at first reading in the framework of the ordinary legislative procedure amends the Commission proposal as follows:
Purpose
The proposed Directive lays down:
-measures to facilitate access to and the use of financial information and bank account information by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences;
-measures to facilitate access to law enforcement information by Financial Intelligence Units ('FIUs') for the prevention and combating of money laundering, associate predicate offences and terrorist financing and
-measures to facilitate cooperation between FIUs.
Access by competent authorities to bank account information
The designated competent national authorities will have the power to access and search, directly and immediately, bank account information 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.
Access and searches shall be considered to be direct and immediate, inter alia, where the national authorities operating the central bank account registries transmit the bank account information expeditiously by an automated mechanism to competent authorities, provided that no intermediary institution is able to interfere with the requested data or the information to be provided.
Staff of the designated competent authorities shall maintain high professional standards of confidentiality and data protection, and be of high integrity and appropriately skilled.
Monitoring access and searches
The authorities operating the centralised bank account registries shall ensure that logs are kept each time designated competent authorities access and search bank account information. The logs shall include, inter alia, the following: (i) the unique identifier of the results; (ii) he unique user identifier of the official who made the query or performed the search and, where applicable, of the official who ordered the query or search and, as far as possible, the unique user identifier of the recipient of the results of the query or search.
Authorities operating centralised bank account registries must take appropriate measures so that staff is aware of applicable Union and national law, including the applicable data protection rules. Such measures shall include specialised training programmes.
Requests for information by competent authorities to an FIU
Subject to national procedural safeguards, each Member State shall ensure that its national FIU is able to reply, in a timely manner, to reasoned requests for financial information or financial analysis by designated competent authorities.
Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. FIUs shall appropriately explain any refusal to reply to a request.
Exchange of information between FIUs of different Member States
The amended directive provides for the following:
-in exceptional and urgent cases, FIUs will be entitled to exchange financial information or financial analysis that may be relevant for the processing or analysis of information related to terrorism or organised crime associated with terrorism. FIUs must endeavour to exchange such information promptly;
- competent authorities will be able to exchange financial information or financial analysis obtained from the FIU of their Member State, upon request and on a case-by-case basis, with a designated competent authority in another Member State. Each Member State shall ensure that its designated competent authorities use the financial information only for the purpose for which it was sought or provided, and that any dissemination of financial information obtained by its designated competent authorities from the FIU of that Member State to any other authority, agency or department or any use of that information for purposes other than those originally approved is made subject to the prior consent of the FIU providing the information.
Exchange of information between Europol and FIUs
Each Member State shall ensure that its FIU is entitled to reply to duly justified requests made by Europol through the Europol national unit or, if allowed by that Member State, by direct contacts between the FIU and Europol. Such requests shall be made on a case-by-case basis within the limits of the responsibilities of Europol and for the performance of its tasks.
Processing of sensitive personal data
The processing of personal data revealing a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership or of data concerning a natural person’s health, sex life or sexual orientation shall only be allowed subject to appropriate safeguards for the rights and freedoms of the data subject, in accordance with the applicable data protection rules.
The Directive shall not preclude Member States from maintaining or concluding bilateral or multilateral agreements or arrangements between themselves on the exchange of information between competent authorities, insofar as such agreements or arrangements are compatible with Union law.
Documents
2019/02/26
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2018/12/12
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/12/10
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/12/07
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Emil RADEV (EPP, BG) o n the proposal for a Directive of the European Parliament and of the Council laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.
Subject matter : the proposed Directive seeks to lay down measures to facilitate access to and use of financial information and bank account information by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences. It also provides for measures to facilitate access by Financial Intelligence Units to law enforcement information, where this information is necessary, on a case-by-case basis, and to facilitate the cooperation between Financial Intelligence Units.
Access and search by competent authorities to bank account information : Member States shall ensure that the competent authorities shall have the power to access and search, directly and immediately, bank account information 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. Access and search is also deemed direct and immediate where the national authorities operating the central bank account registries transmit the bank account information expeditiously by an automated mechanism to competent authorities, provided that no intermediary institution interferes with the requested data or the information to be provided.
Member States providing access to bank account information through central electronic data retrieval systems shall ensure that the authority operating the retrieval systems reports search results in an immediate and unfiltered way to competent authorities.
Conditions for the access and search by competent authorities : the amended text stipulated that Member States shall ensure that the staff of the national designated competent authorities maintains high professional standards of confidentiality and data protection. The access and search by competent authorities shall be supported by technical and organisational measures ensuring the security of the data to the highest technological standard available.
Monitoring the access and search : Member States shall ensure that the authorities operating the centralised bank account registries keep a log of any access by competent authorities to bank account information. The logs shall include, in particular, the following elements: (i) the unique identifiers of the results; (ii) the identifiers of the official who carried out the query or search and of the official who ordered the query or search, and as far as possible, the identity of the recipient of the results of the query or search.
Requests for information by competent authorities to the Financial Intelligence Unit (FIU) : subject to national procedural safeguards, each Member State shall ensure that its national FIU is required to reply, in a timely manner , to reasoned requests for financial information or financial analysis by its designated competent authorities.
Exchange of information between FIUs of different Member States : each Member State shall ensure that its Financial Intelligence Unit exchanges financial information or financial analysis free of charge with any FIU in the Union where that financial information or financial analysis is necessary for the prevention, detection and combating of money laundering, associate predicate offences and terrorist financing.
A Financial Investigation Unit may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. Any refusal shall be appropriately explained.
Member States shall ensure that the information exchanged is used only for the purpose for which it was sought or provided, and that any dissemination of that information by the receiving Financial Intelligence Unit to any other authority, agency or department, or any use of this information for purposes other than those originally approved, is made subject to the prior consent of the Financial Intelligence Unit providing the information.
T he deadlines for exchange of information have been slightly prolonged in order to ensure that FIUs have enough operational time for response.
Exchange of information between Europol and FIUs : each Member State shall ensure that its FIU is entitled to reply to duly justified requests made by Europol through the Europol National Unit that are related to financial information and financial analysis on a case-by-case basis within the limits of the responsibilities of Europol and for the performance of its tasks.
Monitoring : M ember States shall review the effectiveness and efficiency of their systems with regard to the use of financial and other information for the prevention, detection, investigation or prosecution of serious criminal offences by maintaining comprehensive statistics.
The Commission shall assess the obstacles and opportunities to enhance cooperation between FIUs in the Union including the possibility and appropriateness of establishing a coordination and support mechanism, such as an EU FIU.
Documents
2018/12/03
EP - Vote in committee, 1st reading
2018/12/03
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/11/28
EP - Committee opinion
Documents
2018/10/29
EP - Amendments tabled in committee
Documents
2018/09/28
EP - Committee draft report
Documents
2018/08/02
CZ_SENATE - Contribution
Documents
2018/07/12
PT_PARLIAMENT - Contribution
Documents
2018/06/04
EP - RADEV Emil (PPE) appointed as rapporteur in LIBE
2018/05/31
EP - LUCKE Bernd (ECR) appointed as rapporteur in ECON
2018/05/28
EP - Committee referral announced in Parliament, 1st reading
2018/04/18
EC - Document attached to the procedure
Documents
2018/04/18
EC - Document attached to the procedure
Documents
2018/04/17
EC - Legislative proposal published
Details
PURPOSE: to strengthen the fight against terrorist financing by providing competent authorities with direct access to bank account information.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.
BACKGROUND: in its action plan of February 2016 on strengthening the fight against terrorist financing, the Commission undertook to explore the possibility of a dedicated legal instrument to broaden the access to centralised bank account registries by Member States' authorities. Lack of financial information may result in missed opportunities to investigate serious crimes, disrupt criminal activities, stop terrorist plots, and detect and freeze proceeds of crime.
The current mechanisms for accessing and exchanging financial information are slow compared to the fast pace at which funds can be transferred across Europe and globally. Too much time is required to obtain financial information , reducing the effectiveness of investigations and prosecutions.
The Union co-legislators agreed in December 2017 on a number of significant changes to the
4 th Anti Money Laundering Directive . They include the mandatory establishment of national centralised bank account registries or data retrieval systems in all Member States, to which Financial Intelligence Units (FIUs) and anti-money laundering authorities would have access. These Directives mostly deal with preventive efforts to address money laundering, and terrorist financing. They do not, however, set out the precise conditions under which Member States' competent authorities may use financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences. Most competent authorities currently do not have direct access to the information on the identity of bank account holders, held in the centralised bank account registries or data retrieval systems. They usually request the information either via blanket requests sent to all financial institutions in their Member State or, if they have been granted indirect access, via a request to an intermediary. Blanket requests carry the real risk of significant delays and also has implications for cross-border cooperation
IMPACT ASSESSMENT: the impact assessment assessed ways to expand access to financial information for competent authorities for the investigation of crimes and examined a number of options. The preferred option is the adoption of an EU legislative instrument which would give direct access to competent authorities for the purposes of criminal investigations.
CONTENT: this proposal provides for:
direct access to the national centralised bank account registries or data retrieval systems to competent authorities, which include tax authorities, anti-corruption authorities and Asset Recovery Offices. These bodies will have direct access on a case-by-case basis to bank account information contained in national, centralised registries enabling the authorities to identify in which banks a suspect holds accounts. Data protection safeguards ensure that only limited information on the identity of the bank account holder would be made available; cooperation between Financial Intelligence Units (FIUs) and between FIUs and competent authorities. It defines the type of information (financial information, financial analysis, law enforcement information) that may be requested by competent authorities and FIUs respectively as well as the exhaustive list of criminal offences for which each authority can exchange information on a case-by-case basis.
Member States are required to designate all the competent authorities entitled to request information.
Europol will be provided with indirect access through Member States' National Units.
The decentralised computer network FIU.net , which is managed by Europol since 1 January 2016, will be used for exchanges of information between Financial Intelligence Units.
The proposed Directive is in line with the reformed data protection regime , stemming from Directive (EU) 2016/680 (the General Data Protection Directive).
Documents
Documents
- Commission response to text adopted in plenary: SP(2019)440
- Final act published in Official Journal: Directive 2019/1153
- Final act published in Official Journal: OJ L 186 11.07.2019, p. 0122
- Draft final act: 00064/2019/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0418/2019
- Committee report tabled for plenary, 1st reading: A8-0442/2018
- Committee opinion: PE628.491
- Amendments tabled in committee: PE629.602
- Committee draft report: PE628.460
- Contribution: COM(2018)0213
- Contribution: COM(2018)0213
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0114
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0115
- Legislative proposal published: COM(2018)0213
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2018)0114
- Document attached to the procedure: EUR-Lex SWD(2018)0115
- Committee draft report: PE628.460
- Amendments tabled in committee: PE629.602
- Committee opinion: PE628.491
- Draft final act: 00064/2019/LEX
- Commission response to text adopted in plenary: SP(2019)440
- Contribution: COM(2018)0213
- Contribution: COM(2018)0213
Votes
A8-0442/2018 - Emil Radev - Am 73 17/04/2019 17:26:07.000 #
2019/04/17 Outcome: +: 574, -: 26, 0: 6
GUE/NGL
ENF
NIA8-0442/2018 - Emil Radev - Am 73 #
2019/04/17 Outcome: +: 574, -: 26, 0: 6
| Amendments | Dossier |
| 241 |
2018/0105(COD)
2018/10/29
LIBE
182 amendments...
Amendment 100 #
Proposal for a directive Recital 28 (28) The Commission should report on the implementation of this Directive t
Amendment 101 #
Proposal for a directive Recital 29 (29) This Directive aims at ensuring that rules are adopted to provide Union citizens
Amendment 102 #
Proposal for a directive Recital 29 (29) This Directive aims at ensuring that rules are adopted to provide Union citizens with a higher level of security by preventing and combating crime, pursuant to Article 67 of the Treaty on the Functioning of the European Union. Due to their transnational nature,
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down measures to facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of serious criminal offences. It also provides for measures to facilitate access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units, where such information is necessary, on a case-by-case basis, for the prevention and combating of money laundering and terrorist financing. Administrative investigations shall not be covered under this Directive.
Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down measures to facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of s
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down measures to facilitate access by competent authorities - in accordance with national law - to financial information and bank account information for the prevention, detection, investigation or prosecution of serious criminal offences. It also provides for measures to facilitate - in accordance with national law- access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units.
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down measures to facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of serious criminal offences. It also provides for measures to facilitate access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units, in compliance with the national law.
Amendment 107 #
Proposal for a directive Article 1 – paragraph 2 – point a (a) the provisions of Directive (EU) 2015/849 of the European Parliament and of the Council and the related provisions in the national law of Member States, including the organisational status conferred to Financial Intelligence Units under national law; and also the competencies of national authorities responsible for application of legislation concerning the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
Amendment 108 #
Proposal for a directive Article 1 – paragraph 2 – point a a (new) (aa) the competences of the national authorities responsible for the application of the laws concerning the prevention of the use of the financial system for the purposes of money laundering or terrorist financing;
Amendment 109 #
Proposal for a directive Article 1 – paragraph 2 – point b (b) the
Amendment 110 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. Any personal data processing under this Directive shall be subject to Directive (EU) 2016/680 and to Regulation (EU) 2016/679 in their respective scope of application, and any personal data obtained under this Directive shall only be processed by designated competent authorities and FIUs where it is necessary and proportionate for the purposes pursued by this Directive.
Amendment 111 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) 'financial information' means any type of information or data
Amendment 112 #
(e) 'financial information' means any type of information or data which is held by Financial Intelligence Units to prevent, detect and effectively combat money laundering and terrorist financing
Amendment 113 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) 'financial information' means
Amendment 114 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) 'financial information' means any type of legally obtained or collected information or data which is legally held by Financial Intelligence Units to prevent, detect and effectively combat money laundering and terrorist financing, or any type of such information or data which is held by public authorities or by obliged entities for those purposes and which is available to Financial Intelligence Units without the taking of coercive measures under national law;
Amendment 115 #
Proposal for a directive Article 2 – paragraph 1 – point f (f)
Amendment 116 #
Proposal for a directive Article 2 – paragraph 1 – point f (f) 'law enforcement information' means any type of legally obtained or collected information or data which is legally held by competent authorities to prevent, detect, investigate or prosecute criminal offences or any type of such information or data which is held by public authorities or by private entities for those purposes and which is available to competent authorities without the taking of coercive measures under national law;
Amendment 117 #
Proposal for a directive Article 2 – paragraph 1 – point g – introductory part (g) 'bank account information' means the following information on bank and payments accounts and safe deposit boxes contained in the centralised bank account registries:
Amendment 118 #
Proposal for a directive Article 2 – paragraph 1 – point k Amendment 119 #
Proposal for a directive Article 2 – paragraph 1 – point k Amendment 120 #
Proposal for a directive Article 2 – paragraph 1 – point k (k) 'financial analysis' means the results of operational and strategic analysis carried out by the Financial Intelligence Units for the performance of their tasks pursuant to Directive (EU) 2015/849;
Amendment 121 #
Proposal for a directive Article 2 – paragraph 1 – point l Amendment 122 #
Proposal for a directive Article 3 – paragraph 1 1. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to access and search the national centralised bank account registries set up by the Member States in accordance with Article 32a of Directive (EU) 2015/849.
Amendment 123 #
Proposal for a directive Article 3 – paragraph 1 1. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to legally access and search the national centralised bank account registries set up by the Member States in accordance with Article 32a of Directive (EU) 2015/849
Amendment 124 #
Proposal for a directive Article 3 – paragraph 1 1. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to access and search the national centralised bank account registries set up by the Member States in accordance with Article 32a of Directive (EU) 2015/849. They shall at least include the Europol National Units and the Asset Recovery Offices.
Amendment 125 #
Proposal for a directive Article 3 – paragraph 2 2. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to request and receive financial information
Amendment 126 #
Proposal for a directive Article 3 – paragraph 2 2. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or prosecution of criminal offences the competent authorities empowered to request and receive financial information or financial analysis from the Financial Intelligence Unit.
Amendment 127 #
Proposal for a directive Article 3 – paragraph 2 2. Each Member State shall designate among its authorities competent for the prevention, detection, investigation or
Amendment 128 #
Proposal for a directive Article 3 – paragraph 3 3. Each Member State shall notify the Commission its designated competent authorities in accordance with paragraphs (1) and (2) by [
Amendment 129 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that the competent authorities designated pursuant to Article 3(1) shall have the power to legally access and search, directly and immediately, relevant bank account information when is necessary for the performance of their tasks for the purposes of preventing,
Amendment 130 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States providing access to bank account information through central electronic data retrieval systems shall ensure that the authority operating the retrieval systems reports search results in an immediate and unfiltered way to competent authorities.
Amendment 131 #
Proposal for a directive Article 4 – paragraph 2 2. The additional information that Member States may deem essential and include in the centralised bank account registries in accordance with Article 32a(4) of Directive 2018/XX/EU shall not be accessible and searchable by competent authorities
Amendment 132 #
Proposal for a directive Article 4 – paragraph 2 2. The additional information that Member States may deem essential and include in the centralised bank account registries in accordance with Article 32a(4) of Directive 2018/XX/EU shall not be accessible and searchable by competent authorities
Amendment 133 #
Proposal for a directive Article 5 – paragraph 1 1. The legal access and search of bank account information in accordance with
Amendment 134 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall ensure that the access and search by competent authorities is supported by technical and organisational measures ensuring the security of the data according to the highest technological standards available.
Amendment 135 #
Proposal for a directive Article 5 – paragraph 2 2. Member States shall ensure that the access and search by competent authorities is supported by technical and organisational measures ensuring the security of the data in line with Regulation (EU) 2016/679.
Amendment 136 #
Proposal for a directive Article 6 – paragraph 1 – point d (d) the
Amendment 137 #
Proposal for a directive Article 6 – paragraph 1 – point f (f) the identifiers of the official who carried out the query or search and of the official who ordered the query or search, and as far as possible, the identity of the recipient of the results of the query or search.
Amendment 138 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3a. Member States shall ensure that centralised bank account registers take appropriate measures so that employees are aware of the provisions in force, including the relevant data protection requirements. Such measures shall include special training programmes.
Amendment 139 #
Proposal for a directive Article 6 – paragraph 3 b (new) 3b. Member States shall ensure that staff of the national designated competent authorities maintain high standards of confidentiality and data protection.
Amendment 140 #
Proposal for a directive Article 7 – paragraph 1 1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is required to reply to requests for financial information or financial analysis by its designated competent authorities referred to in Article 3(2), where that financial information
Amendment 141 #
Proposal for a directive Article 7 – paragraph 1 1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is
Amendment 142 #
Proposal for a directive Article 7 – paragraph 1 1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is required to reply, in a timely manner, to requests for financial information
Amendment 143 #
Proposal for a directive Article 7 – paragraph 1 1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is
Amendment 144 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. FIUs shall be under no obligation to comply with the request for information in case there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested as provided for under article 32(5) of Directive EU 2015/849.
Amendment 145 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 146 #
Proposal for a directive Article 7 – paragraph 1 b (new) 1b. When refusing to provide information, FIUs shall transmit a detailed explanation for such denial.
Amendment 147 #
Proposal for a directive Article 7 – paragraph 1 c (new) 1c. When exchanging financial information pursuant to Article 7 (1), the transmitting FIU may impose restrictions and conditions for the use of that information. The receiving competent authority shall comply with those restrictions and conditions.
Amendment 148 #
Proposal for a directive Article 7 – paragraph 1 d (new) 1d. Exemptions and conditions provided for under Articles 32(5), 53 and 54 of Directive (EU)2015/849 shall apply.
Amendment 149 #
Proposal for a directive Article 7 – paragraph 2 2. The financial information and financial analysis received from the Financial Intelligence Unit may be processed by the competent authorities of the Member States for the specific purposes of preventing, detecting, investigating or prosecuting
Amendment 150 #
Proposal for a directive Article 7 – paragraph 2 2. The financial information
Amendment 151 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Member States shall require that competent authorities referred to in Article 3(2) provide regular feedback to the Financial Intelligence Unit on the use made of the financial information provided in accordance with this Article and about the outcome of the investigation or prosecution relating to such information. Member States shall put in place appropriate mechanisms to allow for swift and secure exchanges of information and follow-ups on investigations and prosecutions between Financial Investigation Units and competent authorities referred to in Article 3(2).
Amendment 152 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Where there are objective grounds for assuming that the provision of such information would clearly have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or clearly irrelevant with regard to the purposes for which it has been requested, the Financial Intelligence Unit shall be under no obligation to comply with the request for information.
Amendment 153 #
Proposal for a directive Article 7 – paragraph 2 b (new) 2b. Member States shall require competent authorities to provide feedback to the Financial Intelligence Unit on the use made of the information provided in accordance with this Article, and on the outcome of the investigations or inspections performed on the basis of that information, in line with Regulation(EU)2016/794.
Amendment 154 #
Subject to national procedural safeguards, in accordance with article 32 (4) Directive (EU) 2015/849 on the access to information by the Financial Intelligence Units each Member State shall ensure that its designated national competent authorities are required to reply, in a timely manner, to requests for law enforcement information by the national Financial Intelligence Unit, on a case-by-
Amendment 155 #
Proposal for a directive Article 8 – paragraph 1 Subject to national procedural safeguards, each Member State shall ensure that its designated national competent authorities are
Amendment 156 #
Proposal for a directive Article 8 – paragraph 1 Subject to national procedural safeguards, each Member State shall ensure that its designated national competent authorities are required to reply in a timely manner to requests for law enforcement information by the national Financial Intelligence Unit, on a case-by-
Amendment 157 #
Proposal for a directive Article 8 – paragraph 1 Subject to national procedural safeguards, each Member State shall ensure that its designated national competent authorities
Amendment 158 #
1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to legally exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences
Amendment 159 #
Proposal for a directive Article 9 – paragraph 1 1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information
Amendment 160 #
Proposal for a directive Article 9 – paragraph 1 1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information
Amendment 161 #
Proposal for a directive Article 9 – paragraph 1 1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is
Amendment 162 #
Proposal for a directive Article 9 – paragraph 1 1. Each Member State shall ensure that its Financial Intelligence Unit is
Amendment 163 #
Proposal for a directive Article 9 – paragraph 1 1. Each Member State shall ensure that its Financial Intelligence Unit is
Amendment 164 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. A Financial Investigation Unit may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. Any refusal shall be appropriately explained.
Amendment 165 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis, it shall do so as soon as possible and in any case no later than three days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended by a maximum of 10 days. The same time limits apply for sending an appropriate explanation in case of refusals based on Article 9(1a).
Amendment 166 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information
Amendment 167 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information
Amendment 168 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall ensure that, in exceptional and urgent cases, and by way of derogation from paragraph 2, where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence, a Financial Intelligence Unit shall provide that information or analysis no
Amendment 169 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall ensure that, in exceptional and urgent cases, and by way of derogation from paragraph 2, where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as
Amendment 170 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall ensure that, in exceptional and urgent cases, and by way of derogation from paragraph 2, where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information
Amendment 171 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall ensure that, in exceptional and urgent cases, and by way of derogation from paragraph 2, where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information
Amendment 172 #
Proposal for a directive Article 9 – paragraph 4 4. Member States shall ensure that a request issued pursuant to this Article and its response shall be transmitted by using
Amendment 173 #
Proposal for a directive Article 9 – paragraph 4 4. Member States shall ensure that a request issued pursuant to this Article and its response shall be transmitted by using the dedicated secure electronic communications network FIU.net or its successor. That network shall ensure the secure communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. In the event of technical failure of the FIU.net, the financial information
Amendment 174 #
4. Member States shall ensure that a request issued pursuant to this Article and its response shall be transmitted by using the dedicated secure electronic communications network FIU.net or its successor. That network shall ensure the secure communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. In the event of technical failure of the FIU.net, the financial information
Amendment 175 #
Proposal for a directive Article 9 – paragraph 4 a (new) 4a. Member States shall ensure that the information exchanged pursuant to this Article is used only for the purpose for which it was sought or provided, and that any dissemination of that information by the receiving Financial Intelligence Unit to any other authority, agency or department, or any use of this information for purposes other than those originally approved, is made subject to the prior consent of the Financial Intelligence Unit providing the information.
Amendment 176 #
Proposal for a directive Article 9 – paragraph 4 b (new) 4b. Member States shall ensure that the Financial Intelligence Unit's prior consent requested under paragraph 4a is granted promptly and to the largest extent possible. The requested Financial Intelligence Unit shall not refuse to grant such consent unless it would clearly fall beyond the scope of application of the provisions of this Directive, could lead to impairment of a criminal investigation, would be clearly disproportionate to the legitimate interests of a natural or legal person or the Member State of the requested Financial Intelligence Unit, or would otherwise clearly not be in accordance with fundamental principles of national law of that Member State. Any such refusal to grant consent shall be appropriately explained.
Amendment 177 #
Proposal for a directive Article 9 a (new) Amendment 178 #
Proposal for a directive Article 10 Amendment 179 #
Proposal for a directive Article 10 – title Amendment 180 #
Proposal for a directive Article 10 – paragraph 1 1. Each Member State shall ensure that its Europol National Unit is entitled to repl
Amendment 181 #
Proposal for a directive Article 10 – paragraph 1 1. Each Member State shall ensure that its Europol National Unit is entitled to repl
Amendment 182 #
Proposal for a directive Article 10 – paragraph 1 1. Each Member State shall ensure that its Europol National Unit is able to repl
Amendment 183 #
Proposal for a directive Article 10 – paragraph 1 a (new) 1a. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information provided in accordance with this Article and about the outcome of the investigations or analysis performed on the basis of that information.
Amendment 184 #
Proposal for a directive Article 10 – paragraph 2 Amendment 185 #
Proposal for a directive Article 10 – paragraph 2 Amendment 186 #
Proposal for a directive Article 10 – paragraph 2 Amendment 187 #
Proposal for a directive Article 10 – paragraph 2 2. Each Member State shall ensure that its Financial Intelligence Unit replies to duly justified requests related to financial information and financial analysis made by Europol through the Europol National Unit on a case-by-case basis within the limits of its
Amendment 188 #
Proposal for a directive Article 10 – paragraph 2 2. Each Member State shall ensure that its Financial Intelligence Unit is able to repl
Amendment 189 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 190 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. Europol is entitled to reply to requests for information by Financial Intelligence Units on a case-by-case basis and where the information is necessary for the prevention and combating of money laundering, associated predicate offences and terrorist financing;
Amendment 191 #
Proposal for a directive Article 10 – paragraph 3 Amendment 192 #
3. Exchange of information under paragraphs 1 and 2
Amendment 193 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Europol is entitled to reply to requests for information by Financial Intelligence Units on a case-by-case basis, where the information is necessary for the prevention and combating of money laundering, associated predicate offences and terrorist financing.
Amendment 194 #
Proposal for a directive Article 10 a (new) Article 10a Article 10 a Exchange of information between Europol and Financial Intelligence Units 1. Each Member State shall ensure that its Financial Intelligence Unit is entitled to reply to duly justified requests made by Europol through the Europol National Unit related to financial information and financial analysis already in its possession on a case-by-case basis within the limits of Europol’s responsibilities and for the performance of its tasks. 2. Where there are objective grounds for assuming that the provision of financial information or financial analysis would have a negative impact on ongoing investigations or analysis, or, in exceptional circumstances, where disclosure of the financial information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purpose for which it was requested, the Financial Intelligence Unit shall be under no obligation to comply with the request for information in line with the Europol regulation. 3. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information or financial analysis provided in accordance with this Article and about the outcome of the investigations or inspections performed on the basis of that information or analysis in line with Regulation(EU)2016/794.
Amendment 195 #
Proposal for a directive Article 11 Amendment 196 #
Proposal for a directive Article 11 – paragraph 1 1. The processing of personal data related to bank account information, financial information and financial analysis referred to in Article 10(1) and (2) shall be performed only by the persons within Europol who have been specifically designated and authorised to perform those tasks in line with the provisions of Regulation (EU) 2016/679.
Amendment 197 #
Proposal for a directive Article 11 – paragraph 1 1. The processing of personal data related to bank account information, financial information and financial analysis referred to in Article 10(1) and (2) shall be performed only by
Amendment 198 #
Proposal for a directive Article 11 – paragraph 1 1. The processing of personal data related to bank account information, financial information
Amendment 199 #
Proposal for a directive Article 12 – paragraph 1 This Chapter shall only apply to designated competent authorities and Financial
Amendment 200 #
Proposal for a directive Article 12 – paragraph 1 Amendment 201 #
Proposal for a directive Article 12 – paragraph 1 This Chapter shall only apply to designated competent authorities and Financial Intelligence Units in the exchange of information pursuant to Chapter III and in respect of exchanges of financial information
Amendment 202 #
Proposal for a directive Article 13 – paragraph 1 1.
Amendment 203 #
Proposal for a directive Article 13 – paragraph 1 1. The processing of sensitive personal information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case
Amendment 204 #
Proposal for a directive Article 13 – paragraph 1 1. The processing of information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation
Amendment 205 #
Proposal for a directive Article 13 – paragraph 1 1. The processing of information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case, in line with the provisions of Regulation (EU) 2016/679.
Amendment 206 #
Proposal for a directive Article 13 – paragraph 1 1. The processing of information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case and in accordance with Article 10 of Directive (EU) 2016/680.
Amendment 207 #
Proposal for a directive Article 13 – paragraph 1 a (new) 1a. The collection and subsequent processing of personal data by obliged entities shall not be further processed in a way that is incompatible with the EU law and the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 208 #
Proposal for a directive Article 13 – paragraph 2 2. Only persons specifically authorised and trained may access and process the data referred to in paragraph 1 under the instruction of the data protection officer
Amendment 209 #
Proposal for a directive Article 14 – paragraph 1 – point a (a) the name and contact details of the organisation and personnel member requesting the information; and, as far as possible, the identity of the recipient of the results of the query or search.
Amendment 210 #
Proposal for a directive Article 14 – paragraph 1 – point c (c) the subject matter of the requests made pursuant to this Directive and their executing measures.
Amendment 211 #
Proposal for a directive Article 15 – paragraph 1 – introductory part In accordance with Article 15 of Directive 2016/680, Member States
Amendment 212 #
Proposal for a directive Article 15 – paragraph 1 – introductory part Member States shall adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating to him or her processed under this Directive in accordance with Article 15(1) of Directive (EU) 2016/680 and in order to:
Amendment 213 #
Proposal for a directive Article 15 – paragraph 1 – point a Amendment 214 #
Proposal for a directive Article 15 – paragraph 1 – point a (a) enable the Financial Intelligence Unit or the competent national authority to fulfil its tasks properly for the purposes of this Directive
Amendment 215 #
Proposal for a directive Article 15 – paragraph 1 – point b (b) avoid obstructing official or legal inquiries, analyses, investigations or procedures for the purposes of this Directive and to
Amendment 216 #
Proposal for a directive Article –16 (new) Article -16 European Financial Intelligence Unit The Commission shall set up a European Financial Intelligence Unit (EFIU) to facilitate coordination, including the exchange of information between FIUs within the Union. The EFIU shall coordinate, assist and support Member States Financial Information Units in cross-border cases. The EFIU shall lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States Financial Information Units for cross-border cases. The Commission shall provide the EFIU with adequate financial, human and technical resources in order to fulfil its tasks.
Amendment 217 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall review the effectiveness of their systems to combat
Amendment 218 #
Proposal for a directive Article 18 – paragraph 1 1. By [OJ please insert date: t
Amendment 219 #
Proposal for a directive Article 18 – paragraph 1 a (new) Amendment 220 #
Proposal for a directive Article 19 – paragraph 1 – subparagraph 1 Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by XXYY [2
Amendment 39 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of
Amendment 40 #
Proposal for a directive Recital 1 (1) Facilitating the use of financial information is necessary to prevent, detect, investigate or prosecute s
Amendment 41 #
Proposal for a directive Recital 1 (1) Facilitating the use of financial information is necessary to prevent, detect, investigate or prosecute
Amendment 42 #
Proposal for a directive 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 s
Amendment 43 #
Proposal for a directive 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,
Amendment 44 #
Proposal for a directive Recital 2 (2) In order to enhance security, combat money laundering and prevent tax evasion 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 serious forms of crimes, to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 45 #
Proposal for a directive Recital 2 (2) In order to enhance security and prosecution of financial crimes 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,
Amendment 46 #
Proposal for a directive Recital 3 a (new) (3a) Financial fraud and money laundering affect the European tax payers. Combating those crimes, therefore, remains a vital priority for the EU.
Amendment 47 #
Proposal for a directive Recital 6 (6) Immediate and direct access to the information held in centralised bank account registries is often indispensable for the success of a criminal investigation or for the timely identification, tracing and freezing of the related assets in view of their confiscation. Direct access is the most immediate type of access to the information held in centralised bank account registries. This Directive should therefore lay down rules granting direct access to information held in centralised
Amendment 48 #
Proposal for a directive 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
Amendment 49 #
Proposal for a directive Recital 8 (8) Asset Recovery Offices should be designated among the competent authorities and have direct access to the information held in centralised bank
Amendment 50 #
Proposal for a directive Recital 8 (8) Asset Recovery Offices should be designated among the competent authorities and
Amendment 51 #
Proposal for a directive 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
Amendment 52 #
Proposal for a directive 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
Amendment 53 #
Proposal for a directive Recital 10 (10) The perpetrators of criminal offences, in particular criminal groups and terrorists, often operate across different
Amendment 54 #
Proposal for a directive 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 s
Amendment 55 #
Proposal for a directive Recital 10 (10) The perpetrators of criminal offences,
Amendment 56 #
Proposal for a directive Recital 11 (11) The information acquired by competent authorities from the national centralised bank account registries can be exchanged with competent authorities located in a different Member State, in accordance with Council Framework Decision 2006/960/JHA14 and Directive 2014/41/EU
Amendment 57 #
Proposal for a directive Recital 12 (12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to combat money laundering, the associated predicate offences and terrorist financing. Nevertheless,
Amendment 58 #
Proposal for a directive Recital 12 (12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units, the legal status of which varies across Member States from administrative to law enforcement to hybrid ones. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Since Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, different Financial Intelligence Units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Units.
Amendment 59 #
Proposal for a directive Recital 12 (12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units, including the possibility of establishing a coordination and support mechanism. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to prevent, detect and combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Since Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, different Financial Intelligence Units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Units.
Amendment 60 #
Proposal for a directive Recital 12 a (new) (12a) The provisions of this Directive should not affect the operational independence and autonomy of the Financial Intelligence Units under Directive (EU) 2015/849 and should be in line with that Directive, meaning that the Financial Intelligence Units should continue to have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information.
Amendment 61 #
Proposal for a directive Recital 12 a (new) (12a) The provisions of this Directive should not affect the operational independence and autonomy of the Financial Intelligence Units as established in Article 32 (3)of Directive (EU) 2015/849.
Amendment 62 #
Proposal for a directive 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 63 #
Proposal for a directive 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
Amendment 64 #
Proposal for a directive Recital 14 (14) This Directive should also set out a clearly defined legal framework to enable Financial Intelligence Units to request
Amendment 65 #
Proposal for a directive Recital 14 (14) This Directive should also set out a clearly defined legal framework to enable Financial Intelligence Units to request access to relevant data stored by designated competent authorities in order to enable them to prevent and combat money laundering, the associated predicate offences and terrorist financing effectively.
Amendment 66 #
Proposal for a directive Recital 15 (15) Sharing information between Financial Intelligence Units and with competent authorities should 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 as defined by this Directive, or for money laundering, the associated predicate
Amendment 67 #
Proposal for a directive Recital 15 (15) Sharing information between Financial Intelligence Units and with competent authorities should only be permitted where it is necessary and sufficiently reasoned on a case-
Amendment 68 #
Proposal for a directive Recital 15 (15) Sharing information between Financial Intelligence Units and with competent authorities should only be permitted where it is necessary on a case- by-case basis,
Amendment 69 #
Proposal for a directive Recital 15 (15) Sharing information between Financial Intelligence Units and with competent authorities
Amendment 70 #
Proposal for a directive Recital 16 (16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit should be empowered to exchange information or analysis already in its possession or which can be obtained from obliged entities at the request of another Financial Intelligence Unit or of a competent authority in its Member State. This exchange should not hamper a Financial Intelligence Unit's active role in disseminating its analysis to other Financial Intelligence Units where that analysis reveals facts, conduct or suspicion
Amendment 71 #
Proposal for a directive Recital 16 (16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more
Amendment 72 #
Proposal for a directive Recital 16 (16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit
Amendment 73 #
Proposal for a directive Recital 16 a (new) (16a) In order to enhance trust and cooperation between FIUs and competent authorities, as well as to improve the efficiency of the fight against money laundering and serious criminal offences, it is essential that FIUs are provided with feedback from competent authorities as regards to the use made of the financial information provided and about the outcome of the investigation or prosecution relating to such information. Member States should therefore ensure that competent authorities provide regular feedback to the Financial Intelligence Unit and should put in place appropriate mechanisms to allow for such exchanges of information and follow-ups.
Amendment 74 #
Proposal for a directive Recital 17 (17)
Amendment 75 #
Proposal for a directive Recital 17 (17) Time limits for exchanges of information between Financial Intelligence Units are necessary to ensure quick, effective and consistent cooperation. Sharing information necessary to solve cross-border cases and investigations should be carried out with the same celerity and priority as for a similar domestic case. Time limits should be provided to ensure effective sharing of information within reasonable time or to meet procedural constraints, as well as to harmonise practices of exchange of information between FIUs across the Union. . Shorter time limits should be provided in duly justified cases, where the requests relate to specific serious criminal offences, such as terrorist offences and offences related to a terrorist group or activities as laid down in Union law.
Amendment 76 #
Proposal for a directive Recital 18 (18) The use of secure facilities for the exchange
Amendment 77 #
Proposal for a directive Recital 18 (18) The
Amendment 78 #
Proposal for a directive Recital 19 (19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. However, Member States should be able to decide to broaden the scope of financial information and bank account information that can be exchanged between the Financial Intelligence Units and designated competent authorities. They may also facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of criminal offences other than serious criminal offences. This Directive should not bring any changes to currently agreed methods of data collection.
Amendment 79 #
Proposal for a directive Recital 19 (19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. This Directive should not bring any changes to currently agreed methods of data collection and should not derogate from the existing Union data protection law.
Amendment 80 #
Proposal for a directive Recital 19 (19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically and precisely set out the type and scope of information that can be exchanged between Financial Intelligence Units and with
Amendment 81 #
Proposal for a directive Recital 20 (20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences.
Amendment 82 #
Proposal for a directive Recital 20 (20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16, Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit replies to requests for financial information
Amendment 83 #
Proposal for a directive Recital 20 (20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. In that context, Europol is obliged to notify the Member States of any information and connections between criminal offences concerning them. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit replies to duly justified requests for financial information and financial analysis made by Europol through the respective Europol National Unit. The request should only comprise information that is already in the possession of the Financial Intelligence Unit. Member States should also provide that their Europol National Unit replies to requests for information on bank accounts by Europol.
Amendment 84 #
Proposal for a directive Recital 20 (20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit is entitled to repl
Amendment 85 #
Proposal for a directive Recital 20 (20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit is able to repl
Amendment 86 #
Proposal for a directive Recital 21 a (new) (21a) To strengthen the cooperation between Financial Intelligence Units, the European Commission should carry out an impact assessment in the near future to evaluate the appropriateness of establishing a European Union Financial Intelligence Unit.
Amendment 87 #
Proposal for a directive Recital 22 (22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be 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 allowed only to the extent that it is strictly necessary and relevant to a specific investigation and in compliance with the relevant data protection regime.
Amendment 88 #
Proposal for a directive Recital 22 (22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States
Amendment 89 #
Proposal for a directive Recital 22 (22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be required to ensure that the processing of sensitive financial information that could reveal, inter alia, a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation should be allowed only to the extent that it is strictly necessary and relevant to a specific investigation.
Amendment 90 #
Proposal for a directive Recital 22 (22) To achieve
Amendment 91 #
Proposal for a directive Recital 23 (23) This Directive respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and by the Charter of Fundamental Rights of the European Union, in particular the right to respect for private and family life (Article 7)
Amendment 92 #
Proposal for a directive 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 should be laid down also 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).
Amendment 93 #
Proposal for a directive 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
Amendment 94 #
Proposal for a directive Recital 25 (25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary
Amendment 95 #
Proposal for a directive Recital 25 (25)
Amendment 96 #
Proposal for a directive Recital 25 (25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime and in accordance with Directive (EU) 2016/680.
Amendment 97 #
Proposal for a directive Recital 25 (25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime in accordance with Regulation 2016/679.
Amendment 98 #
Proposal for a directive Recital 26 (26) Furthermore, in order to respect the right to the protection of personal data and the right to privacy and limit the impact of the access to the information contained in centralised bank account registries and data retrieval systems, it is essential to provide
Amendment 99 #
Proposal for a directive Recital 27 a (new) (27a) In order to overcome the current cooperation difficulties which exist between national FIUs, a European FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases. It would also be particularly suited to an integrated EU financial market and effective in combatting money laundering and terrorist financing in the internal market. The Member States FIU would still be primarily responsible for receiving suspicious transaction reports, analysing them and disseminate them to the national competent authority. The EU FIU would lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross- border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases.
source: 629.602
2018/11/07
ECON
59 amendments...
Amendment 20 #
Proposal for a directive Recital 2 (2) In order to enhance security and prosecution of financial crimes 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 serious forms of crimes, to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 21 #
Proposal for a directive Recital 2 a (new) (2a) Member States are obliged to cooperate sincerely, loyally and expeditiously as per Article 4(3) of the Treaty on European Union.
Amendment 22 #
Proposal for a directive Recital 6 (6) Immediate and direct access to the information held in centralised bank account registries is often indispensable for the success of a criminal investigation or for the timely identification, tracing and freezing of the related assets in view of their confiscation. Direct access is the most immediate type of access to the information held in centralised bank account registries. This Directive should therefore lay down rules granting direct access to information held in centralised bank account registries to designated Member States' authorities
Amendment 23 #
Proposal for a directive 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 should also be considered authorities that can be designated for the purposes of this Directive.
Amendment 24 #
Proposal for a directive Recital 9 a (new) (9a) Administrative investigations, other than those conducted by the Financial Intelligence Units in the context of preventing, detecting and effectively combatting money laundering and terrorist financing, should not be covered under this Directive.
Amendment 25 #
Proposal for a directive Recital 12 (12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to prevent, detect, and combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Since Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, different Financial Intelligence Units have varying degrees of access to regulatory databases which leads
Amendment 26 #
Proposal for a directive 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
Amendment 27 #
Proposal for a directive Recital 14 (14) This Directive should also set out a clearly defined legal framework to enable
Amendment 28 #
Proposal for a directive Recital 15 (15) Sharing information between Financial Intelligence Units and with competent authorities should
Amendment 29 #
Proposal for a directive Recital 16 (16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit
Amendment 30 #
Proposal for a directive Recital 16 (16) In order to prevent, detect, and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit should be empowered to exchange information or analysis already in its possession or which can be obtained from obliged entities at the request of another Financial Intelligence Unit or of a competent authority in its Member State. This exchange should not hamper a Financial Intelligence Unit's active role in disseminating its analysis to other Financial Intelligence Units where that analysis reveals facts, conduct or suspicion of money laundering and terrorist financing of direct interest to those other Financial Intelligence Units. Financial analysis covers operational analysis which focuses on individual cases and specific targets or on appropriate selected information, depending on the type and volume of the disclosures received and the expected use of the information after dissemination as well as strategic analysis addressing money laundering and terrorist financing trends and patterns. The Financial Intelligence Units should receive feedback on the use of the information and analysis provided. However, this Directive should be without prejudice to the organisational status and role conferred to Financial Intelligence Units under the national law of Member States.
Amendment 31 #
Proposal for a directive Recital 16 a (new) (16a) In order to enhance trust and cooperation between FIUs and competent authorities, as well as to improve the efficiency of the fight against money laundering and serious criminal offences, it is essential that FIUs are provided with feedback from competent authorities as regards to the use made of the financial information provided and about the outcome of the investigation or prosecution relating to such information. Member States should therefore require that competent authorities provide regular feedback to the Financial Intelligence Unit and should put in place appropriate mechanisms to allow for such exchanges of information and follow-ups.
Amendment 32 #
Proposal for a directive Recital 16 a (new) (16a) Designated competent authorities should be empowered to exchange information or analysis already in their possession or which can be obtained following a request to a Financial Intelligence Unit with designated competent authorities of another Member State, following a specific request and on a case-by-case basis, where that information or analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 33 #
Proposal for a directive Recital 17 (17) Time limits for exchanges of information between Financial Intelligence Units are necessary to ensure quick, effective and consistent cooperation. Sharing information necessary to solve cross-border cases and investigations should be carried out with the same celerity and priority as for a similar domestic case. Time limits should be provided to ensure effective sharing of information within reasonable time or to meet procedural constraints, as well as to harmonise practices of exchange of information between FIUs across the Union. Shorter time limits should be provided in duly justified cases, where the requests relate to specific serious criminal offences, such as terrorist offences and offences related to a terrorist group or activities as laid down in Union law.
Amendment 34 #
Proposal for a directive Recital 19 (19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. However, Member States should be able to decide to broaden the scope of financial information and bank account information that can be exchanged between their own Financial Intelligence Unit and their own designated competent authorities. Moreover, Member States may facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of criminal offences other than serious criminal offences. This Directive should not bring any changes to currently agreed methods of data collection.
Amendment 35 #
Proposal for a directive Recital 19 (19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically set out the type and scope of information that can be exchanged between Financial Intelligence Units and with
Amendment 36 #
Proposal for a directive Recital 20 (20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16, Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit replies swiftly and to the best of its ability to requests for financial information and financial analysis made by Europol through the respective Europol National Unit. Member States should also provide that their Europol National Unit replies to requests for information on bank accounts by Europol. Requests made by Europol have to be duly justified. They have to be made on a case-by case basis, within the limits of Europol's responsibilities and for the performance of its tasks. _________________
Amendment 37 #
Proposal for a directive Recital 20 (20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794,
Amendment 38 #
Proposal for a directive Recital 20 a (new) (20a) In order to enhance cross-border cooperation, Europol should create a specific unit to support and coordinate cooperation and exchange of information between Financial Intelligence Units. This unit should be empowered to assist Financial Intelligence Units in joint analysis of cross-border cases, produce its own analysis and coordinate the work of Financial Intelligence Units in Member States for cross-border cases, whenever necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 39 #
Proposal for a directive Recital 22 (22) To achieve
Amendment 40 #
Proposal for a directive Recital 22 (22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be 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 allowed only to the extent that it is
Amendment 41 #
Proposal for a directive Recital 25 (25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime and in accordance with Directive (EU) 2016/680.
Amendment 42 #
Proposal for a directive Recital 27 a (new) (27a) In order to overcome the current cooperation difficulties which exist between national FIUs, a European FIU should be set up in order to coordinate, assist and support Member States FIUs in cross-border cases. It would also be particularly suited to an integrated EU financial market and effective in combating money laundering and terrorist financing in the internal market. The Member States FIU would still be primarily responsible for receiving suspicious transaction reports, analysing them and disseminate them to the national competent authority. The EU FIU would lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross- border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases.
Amendment 43 #
Proposal for a directive Recital 28 (28) The Commission should report on the implementation of this Directive three years after its date of transposition, and every three years thereafter. This report shall also include an assessment of the need to ensure diagonal cooperation between Financial Intelligence Units and competent authorities in different Member States, and on the need to harmonise the organisation status and role of Financial Intelligence Unites in national law. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making19 the Commission should also carry out an evaluation of this Directive on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Directive and the need for any further action. _________________ 19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 44 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down measures to facilitate access by competent authorities to financial information and bank account information for the prevention, detection, investigation or prosecution of serious criminal offences. It also provides for measures to facilitate access by Financial Intelligence Units to law enforcement information and to facilitate the cooperation between Financial Intelligence Units where such information is necessary for the prevention, detection and combatting of money laundering, associate predicate offences and terrorist financing.
Amendment 45 #
Proposal for a directive Article 2 – paragraph 1 – point l a (new) (la) 'competent authority' means (a) any public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security or (b) any other body or entity entrusted by Member State law to exercise public authority and public powers for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
Amendment 46 #
Proposal for a directive Article 3 – paragraph 3 3. Each Member State shall notify the Commission its designated competent authorities in accordance with paragraphs (1) and (2) by [6 months from transposition date] at the latest, and shall notify the Commission of any amendment thereto. The Commission shall publish the notifications and any amendment thereto in the Official Journal of the European Union, as well as communicating this directly to Member States' designated competent authorities.
Amendment 47 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that the competent authorities designated pursuant to Article 3(1) shall have the power to access and search, directly and immediately, bank account information 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. Access and search is also deemed direct and immediate where the national authorities operating the central bank account registries transmit the bank account information expeditiously by an automated mechanism to competent authorities, provided that no intermediary institution may interfere with the requested data or the information to be provided.
Amendment 48 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall ensure that staff of the national designated competent authorities maintains high professional standards of confidentiality and data protection.
Amendment 49 #
Proposal for a directive Article 7 – paragraph 1 1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is required to reply to requests for financial information or
Amendment 50 #
Proposal for a directive Article 7 – paragraph 1 1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is
Amendment 51 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 52 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Where there are objective grounds for assuming that the provision of such information would clearly have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or clearly irrelevant with regard to the purposes for which it has been requested, the Financial Intelligence Unit shall not be under obligation to comply with the request for information, and shall duly reply stating the reasons for such a refusal. In these cases, the Analysis, Support and Coordination Unit within Europol referred to in Article 10a shall be informed.
Amendment 53 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Member States shall require that competent authorities referred to in Article 3(2) provide regular feedback to the Financial Intelligence Unit on the use made of the financial information provided in accordance with this Article and about the outcome of the investigation or prosecution relating to such information. Member States shall put in place appropriate mechanisms to allow for swift and secure exchanges of information and follow-ups on investigations and prosecutions between Financial Investigation Units and competent authorities referred to in Article 3(2).
Amendment 54 #
Proposal for a directive Article 7 – paragraph 2 a (new) Amendment 55 #
Proposal for a directive Article 8 – paragraph 1 Subject to national procedural safeguards, each Member State shall ensure that its designated national competent authorities are required to reply in a timely manner to requests for law enforcement information by the national Financial Intelligence Unit, on a case-by-
Amendment 56 #
Proposal for a directive Article 8 – paragraph 1 Subject to national procedural safeguards, each Member State shall ensure that its designated national competent authorities are required to reply to requests for law enforcement information by the national Financial Intelligence Unit, on a case-by- case basis, where the information is necessary for the prevention, detection and
Amendment 57 #
Proposal for a directive Article 9 – paragraph 1 1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information or financial analysis free of charge with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention, detection and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 58 #
Proposal for a directive Article 9 – paragraph 1 1. Each Member State shall ensure that its Financial Intelligence Unit is
Amendment 59 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. A Financial Investigation Unit may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. Any refusal shall be appropriately explained.
Amendment 60 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis, it shall do so as soon as possible and in any case no later than three days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended by a maximum of 10 days.
Amendment 61 #
Proposal for a directive Article 9 – paragraph 4 4. Member States shall ensure that a request issued pursuant to this Article and its response shall be transmitted by using the dedicated secure electronic communications network FIU.net or its successor. That network shall ensure the secure communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. In the event of technical failure of the FIU.net, the financial information or financial analysis shall be transmitted by any other appropriate means ensuring an equally high level of data security, also capable of producing a written record under conditions that allow ascertaining authenticity.
Amendment 62 #
Proposal for a directive Article 9 a (new) Amendment 63 #
Proposal for a directive Article 10 – paragraph 1 1. Each Member State shall ensure that its Europol National Unit is able to repl
Amendment 64 #
Proposal for a directive Article 10 – paragraph 1 1. Each Member State shall ensure that its Europol National Unit replies to duly justified requests related to bank account information made by the Agency for Law Enforcement Cooperation established by Regulation (EU) 2016/794 of the European Parliament and of the Council (‘Europol') on a case-by-case basis within the limits of its
Amendment 65 #
Proposal for a directive Article 10 – paragraph 2 2. Each Member State shall ensure that its Financial Intelligence Unit is able to repl
Amendment 66 #
Proposal for a directive Article 10 – paragraph 2 2. Each Member State shall ensure that its Financial Intelligence Unit replies to duly justified requests related to financial information and financial analysis made by Europol through the Europol National Unit within the limits of its
Amendment 67 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 68 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information or financial analysis provided in accordance with this Article and about the outcome of the investigations or inspections performed on the basis of that information or analysis.
Amendment 69 #
Proposal for a directive Article 10 a (new) Article 10a Analysis, Support and Coordination Unit within EUROPOL 1. Europol shall establish a specific unit to support and coordinate cooperation and exchange of information between Financial Intelligence Units. 2. The unit referred to in paragraph 1 shall be able to assist Financial Intelligence Units in joint analysis of cross-border cases, produce its own analysis and coordinate the work of Financial Intelligence Units in Member States for cross-border cases, whenever necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 70 #
Proposal for a directive Article 11 – paragraph 1 1. The processing of personal data related to bank account information, financial information and financial analysis referred to in Article 10(1) and (2) shall be performed only by the persons within Europol who have been specifically designated and authorised to perform those tasks. The processing of personal data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/794. Europol shall duly document those processing operations.
Amendment 71 #
Proposal for a directive Article 13 – paragraph 1 1. The processing of
Amendment 72 #
Proposal for a directive Article 13 – paragraph 1 1. The processing of information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case and in accordance with Article 10 of Directive (EU)2016/680.
Amendment 73 #
Proposal for a directive Article 15 – paragraph 1 – introductory part Member States shall adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating to him or her processed under this Directive, for as long as such a partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and legitimate interests of the natural person concerned, in order to:
Amendment 74 #
Proposal for a directive Article 15 – paragraph 1 – introductory part Member States shall adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating to him or her processed under this Directive in accordance with Article 15(1) of Directive (EU) 2016/680 and in order to:
Amendment 75 #
Proposal for a directive Article 15 a (new) Article 15a European Financial Intelligence Unit The Commission shall set up a European Financial Intelligence Unit (EFIU) to facilitate coordination, including the exchange of information between FIUs within the Union. The EFIU shall coordinate, assist and support Member Sates FIUs in cross-border cases. The EFIU shall lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases. The Commission shall provide the EFIU with adequate financial, human and technical resources in order to fulfil its tasks.
Amendment 76 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall review the effectiveness and efficiency of their systems
Amendment 77 #
Proposal for a directive Article 19 – paragraph 1 a (new) 1a. By [OJ please insert date: three years after the date of transposition of this Directive] at the latest, the Commission shall draw up a report assessing the necessity of specific measures to ensure diagonal cooperation, i.e. cooperation between Financial Intelligence Units in one Member States with competent authorities in another Member State. The report shall be submitted to the European Parliament and to the Council, and be accompanied by a legislative proposal, if considered necessary.
Amendment 78 #
Proposal for a directive Article 19 – paragraph 1 b (new) 1b. By [OJ please insert date: three years after the date of transposition of this Directive] at the latest, the Commission shall draw up a report assessing the necessity of specific measures to ensure uniformisation of the organisational status and role conferred to Financial Intelligence Units under the national law of Member States, to ensure efficient cooperation and exchange of information. The report shall be submitted to the European Parliament and to the Council, and be accompanied by a legislative proposal, if considered necessary.
source: 629.754
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| activities/0/docs/0/text |
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| activities/1 |
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| committees/1/date |
2018-05-31T00:00:00
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| committees/1/rapporteur |
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| committees/2/date |
2018-06-04T00:00:00
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| committees/2/rapporteur |
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| committees/2/shadows |
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| procedure/Mandatory consultation of other institutions |
European Economic and Social Committee European Committee of the Regions
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| procedure/dossier_of_the_committee |
LIBE/8/12849
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2018-05-03Show (5) Changes
| activities |
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| committees |
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| links |
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| other |
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| procedure |
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