BETA

Activities of Petr JEŽEK related to 2016/0414(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2016/0414(COD)

Shadow reports (1)

2016/11/22
Committee: LIBE
Dossiers: 2016/0414(COD)
Documents: PDF(1017 KB) DOC(158 KB)

Amendments (22)

Proposal for a directive
Recital 8

(8) ~~Where~~Member States should ensure that certain types of money laundering activities are also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self-laundering) when committed with the intention to hide the illegal origin of the property. Where, in such cases, money laundering activity does not simply amount to the mere possession or use, but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence, such as damaging the integrity of the financial system, that activity should be punished separately. Member States should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self- laundering)able.

2017/10/12
Committee: LIBE

Proposal for a directive
Recital 9

(9) In order for measures countering money laundering to be an effective ~~tool against organised crime~~, it should not be necessary to ~~identify the specifics of the crime that~~establish precisely the circumstances relating to the predicate offence which generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence ~~in that Member State or third countr~~domestically. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there.

2017/10/12
Committee: LIBE

Proposal for a directive
Recital 10

(10) This Directive aims to criminalise money laundering when committed intentionally and with the knowledge that the property had been derived from criminal activity. Intention and knowledge may be inferred from objective, factual circumstances. As this Directive provides for minimum rules, Member States are free to adopt or maintain more stringent criminal law rules for money laundering. Member States may, for example, provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence.

2017/10/12
Committee: LIBE

Proposal for a directive
Recital 11

(11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or where the perpetrator abused their professional position to enable money laundering, or where the money or the property being laundered is derived from terrorist activities as defined in Directive 2017/541; or where the offender is a Politically Exposed person as defined by Directive 2015/849, Member States should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)

2017/10/12
Committee: LIBE

Proposal for a directive
Recital 12 a (new)

(12a) To ensure the success of investigations and the prosecution of money laundering offences, those responsible for investigating or prosecuting such offences should have the possibility to make use of effective investigative tools such as those which are used in combating organised crime or other serious crimes. The use of such tools, in accordance with national law, should be targeted and take into account the principle of proportionality and the nature and seriousness of the offences under investigation and should respect the right to the protection of personal data.

2017/10/12
Committee: LIBE

Proposal for a directive
Recital 12 b (new)

(12b) Furthermore, the cross-border nature of money laundering activities requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the competent Union agencies and bodies to counter money laundering, including Eurojust and Europol. To that end, efficient use of the available tools and resources for cooperation should be made, such as joint investigation teams and coordination meetings facilitated by Eurojust. The global character of money laundering necessitates international action, requiring the Union and its Member States to strengthen cooperation with relevant third countries.

2017/10/12
Committee: LIBE

Proposal for a directive
Recital 13 a (new)

(13a) This Directive respects the principles recognised by Article 2 TEU, respects fundamental rights and freedoms and observes the principles recognised, in particular, by the Charter, which encompass, inter alia, the principles of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence. This Directive has to be implemented in accordance with those rights and principles taking also into account the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and other human rights obligations under international law.

2017/10/12
Committee: LIBE

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point u a (new)

(ua) tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States;

2017/10/12
Committee: LIBE

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point v

(v) all offences~~, including tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States,~~ which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;

2017/10/12
Committee: LIBE

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) whether the criminal activity that generated the property was carried out in the territory of another Member State or in that of a third country, when the relevant conduct ~~is a criminal offence under the national law of the Member State or the third country where the conduct was committed and would be~~would constitute a criminal activity had it occurred domestically. Member States may further require that the predicate offence constitutes a criminal offence under the national law of the other Member State ~~implementing or apply~~or that of a third country, expect when the third country is mentioned ing th~~is Article had it been committed there~~e list of countries at high risk of money laundering as referred to in Directive 2015/849;

2017/10/12
Committee: LIBE

Proposal for a directive
Article 5 – paragraph 2

2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maximum term of imprisonment of at least four years~~, at least in serious cases~~.

2017/10/12
Committee: LIBE

Proposal for a directive
Article 6 – paragraph 1 – point b a (new)

(ba) The offender is a politically exposed person in the sense of Directive 2015/849;

2017/10/12
Committee: LIBE

Proposal for a directive
Article 6 – paragraph 1 – point b b (new)

(bb) The property being laundered is derived from terrorist activities as defined in Directive 2017/541;

2017/10/12
Committee: LIBE

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the offence is committed in whole or in part in its territory or;

2017/10/12
Committee: LIBE

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) the offender is one of its nationals. or habitual resident or;

2017/10/12
Committee: LIBE

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) the offence is committed for the benefit of a legal person established in its territory.

2017/10/12
Committee: LIBE

Proposal for a directive
Article 9 – paragraph 2

2. A Member State shall inform the Commission where it decides to establish further jurisdiction over the offences referred to in Articles 3 and 4 committed outside its territory where: (a) the offender is a habitual resident in its territory; (b) the offence is committed for the benefit of a legal person established in its territory.deleted

2017/10/12
Committee: LIBE

Proposal for a directive
Article 9 – paragraph 2 a (new)

2a. When an offence falls within the jurisdiction of more than one Member State and when any of the Member States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States may have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their action. Account shall be taken of the following factors: (a) the Member State shall be that in the territory of which the offence was committed; (b) the Member State shall be that of which the offender is a national or resident; (c) the Member State shall be that in the territory of which the offender was found.

2017/10/12
Committee: LIBE

Proposal for a directive
Article 10 – title

Investigative tools and confiscation

2017/10/12
Committee: LIBE

Proposal for a directive
Article 10 – paragraph 1 a (new)

1a. Member States shall take the necessary measures to ensure that their competent authorities freeze or confiscate, as appropriate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council, the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of any of the offences referred to in this Directive.

2017/10/12
Committee: LIBE

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months after adoption] at the latest. They shall immediately communicate the text of those provisions to the Commission.

2017/10/12
Committee: LIBE

Proposal for a directive
Article 13 – paragraph 1

The Commission shall, by [124 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.

2017/10/12
Committee: LIBE