Activities of Petr JEŽEK related to 2016/0413(COD)
Plenary speeches (1)
Controls on cash entering or leaving the Union (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005 PDF (768 KB) DOC (130 KB)
Amendments (27)
Amendment 89 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This Regulation does not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the TEU and in the Charter of Fundamental Rights of the European Union (hereinafter ‘the Charter’).
Amendment 90 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to ensure their uniform application by competent authorities, controls should be based primarily on risk analysis, with the purpose of identifying and evaluating the risks and developing the necessary counter-measures, and should be performed within a common risk management framework, as defined in Regulation 952/2013, which shall take into account the analysis carried out under articles 6 and 7 of Directive 2015/849. The Commission should be empowered to adopt, by means of delegated acts, the definition of the criteria of this common risk management framework. The establishment of a risk management framework common to all Member States should not prevent them from carrying out controls by random checks.
Amendment 160 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Obligation to declare accompanied cash
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the declarant, including full name, contact details (including address), date and place of birth, and nationality and ID number;
Amendment 162 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the owner of the cash, including full name, contact details (including address), date and place of birth, and nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) the intended recipient of the cash, including full name, contact details (including address), date and place of birth, and nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 164 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) the amount andor value as well as nature of the cash;
Amendment 166 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Disclosure obligation for unaccompanied cash
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where unaccompanied cash of a value of EUR 10 000 or more is entering or leaving the Union, the sender or its representative shall declare that cash to the competent authorities of the Member States through which the cash is entering or leaving may, following a risk analysis, require the sender or, and join its declaration to the shipment. Where the competent authorities carrying out the controls laid down in article 5 detect that the obligation to declare the cash was not fulfilled and are not able to contact the sender, they may require the recipient or theirits representative to make a disclosure declaration, within a set deadline which may not be longer than 30 days. The competent authorities retain cash until the recipient or its representative make the disclosure or, if no disclosure is made, until the deadline expires. The obligation to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control.
Amendment 171 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the declarant, including full name, contact details (including address), date and place of birth, and nationality and ID number;
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the owner of the cash, including the full name, contact details (including address), date and place of birth and nationality, nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the sender of the cash, including the full name, contact details (including address), date and place of birth and nationality, nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the recipient or intended recipient of the cash, including the full name, contact details (including address), date and place of birth and nationality, nationality and ID number in case of natural persons or registration number or VAT number in case of legal persons;
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) the amount andor value as well as nature of the cash;
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The obligation laid down in paragraph 1 shall not apply to credit and financial institutions as defined in article 3 paragraph 2 and 3 of the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC.
Amendment 179 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. If the obligation under Article 3 or the disclosure obligation under Article 4 has not been fulfilled, the competent authorities shall establish in writing or in an electronic form an ex officio declaration which shall contain to the extent possible the details listed in Article 3(2) or Article 4(2), as the case may be.
Amendment 182 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The controls, other than random checks, shall be based primarily on risk analysis, with the purpose of identifying and evaluating the risks and developing the necessary counter- measures, and shall be performed within a common risk management framework in accordance with the criteria laid down pursuant to Article 15(b)as defined in Regulation 952/2013. This framework shall take into account the risk assessment analysis carried out under article 6 and 7 of Directive 2015/849.
Amendment 184 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The powers conferred on the competent authorities in this article shall also extend to article 6.
Amendment 190 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities may seize and temporarily retain cash by an administrative decision in accordance with the conditions laid down in national legislation where:
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The information referred to in paragraph 1 shall be communicated as soon as possible, and no later than one monthfive working days after the date on which it was collected.
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Commission shall assess, and if found appropriate, present a legislative proposal for the creation of a Union Financial Intelligence Unit by 1 January 2019.
Amendment 207 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the Union, the information referred to in paragraph 1 shall also be transmitted to the Commission and to the European Public Prosecutor.
Amendment 212 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The information referred to in paragraphs 1 and 2 shall be communicated as soon as possible, and no later than one monthfive working days after the date on which it was collected.
Amendment 214 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall notify the Commission of any communication of information pursuant to paragraph 1 and the Commission shall on a regular basis present a report on the information communicated.
Amendment 226 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Each Member State shall introduce significant penalties to apply in the event of failure to comply with the obligation to declare laid down in Articles 3 and 4. Such penalties shall be effective, proportionate and dissuasive.
Amendment 238 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 249 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation fivthree years after its entry into force and every fivthree years thereafter.