22 Amendments of Tom VANDENKENDELAERE related to 2018/0105(COD)
Amendment 23 #
Proposal for a directive
Recital 9
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. Administrative investigations should not be covered under the present Directive.
Amendment 24 #
Proposal for a directive
Recital 9 a (new)
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
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 to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Units.
Amendment 26 #
Proposal for a directive
Recital 13
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 offencesthe purposes of the prevention, detection, investigation or prosecution of money laundering, the associated predicate offences and terrorist financing, and, where it is necessary on a case-by-case basis, of serious criminal offences. At the same time, the operational independence and autonomy of Financial Intelligence Units as defined under Directive (EU) 2015/849 should not be jeopardised.
Amendment 27 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should also set out a clearly defined legal framework to enable Financial Intelligence Units to request relevant data stored by designated competent authorities in order to enable them to prevent, detect and combat money laundering, the associated predicate offences and terrorist financing effectively.
Amendment 30 #
Proposal for a directive
Recital 16
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 34 #
Proposal for a directive
Recital 19
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 44 #
Proposal for a directive
Article 1 – paragraph 1
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)
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 48 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
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
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 or financial analysis is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offences.
Amendment 54 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 56 #
Proposal for a directive
Article 8 – paragraph 1
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 combatting of money laundering, associate predicate offences and terrorist financing.
Amendment 57 #
Proposal for a directive
Article 9 – paragraph 1
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 61 #
Proposal for a directive
Article 9 – paragraph 4
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 64 #
Proposal for a directive
Article 10 – paragraph 1
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 responsibilitieinvestigative powers and for the performance of its tasks.
Amendment 66 #
Proposal for a directive
Article 10 – paragraph 2
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 responsibilitieinvestigative powers and for the performance of its tasks.
Amendment 68 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
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 70 #
Proposal for a directive
Article 11 – paragraph 1
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
Article 13 – paragraph 1
1. The processing of informationpersonal data revealing a person's race or ethnic origin, political opinions, religionus or philosophical beliefs, or trade union membership, health, sexualand the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation mayshall only be allowed to the extent that it is strictly necessary and relevant in a specific case, in accordance with Article 10 of Directive (EU) 2016/680.
Amendment 73 #
Proposal for a directive
Article 15 – paragraph 1 – introductory part
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 76 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall review the effectiveness and efficiency of their systems to combat seriouswith regard to the use of financial and other information for the prevention, detection, investigation or prosecution of criminal offences by maintaining comprehensive statistics.