[ParlTrack]

Proposal for a directive
Recital 1

~~(1)~~1. Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union. In order to tackle those problems and also reinforce the application of Directive 2015/849/EU34, this Directive aims to tackle money laundering by means of criminal law, allowing for better cross- border cooperation between the competent national and European authorities. _________________ 34 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 (OJ L 141, 5.6.2015, p. 73).

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Recital 2

~~(2)~~2. Measures adopted solely at national or even at Union level, without taking into account international coordination and cooperation, would have very limited effect and would not enable the goal of combating criminality to be fully achieved. The measures adopted by the Union in countering money laundering should therefore be compatible with, and at least as stringent as, other actions undertaken in international fora.

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Recital 2 a (new)

(2a) A harmonised definition of the term ‘money laundering’ should be agreed in order to iron out the differences that exist between Member States’ legislation in this field and establish an effective framework for combating criminality.

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Recital 3

~~(3)~~3. Union action should continue to take particular account of the Financial Action Task Force (FATF) Recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing. The relevant Union legal acts should, where appropriate, be further aligned with the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the ‘revised FATF Recommendations’). As a signatory to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198), the Union should transpose the requirements of that Convention into its legal order and the legal orders of the Member States.

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Recital 9 a (new)

(9a) If money laundering is to be punished, there is a need for certainty as to the illegal origin of the money which is being laundered. In that respect, there is a need for a legal document attesting to the illicit nature of the assets and, by implication, the identity of the perpetrator.

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Recital 9 b (new)

(9a) The task of deciding, in concrete and objective situations, whether there are concurrent crimes or a single crime should fall to the competent judicial bodies.

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Recital 12 a (new)

(12a) This Directive should fully respect the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and Fundamental Freedoms.

2017/10/12
Committee: LIBE

Maria GRAPINI

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

(f) illicit trafficking of arms, t~~rafficking~~heir components or ammunition;

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Article 3 – paragraph 1 – introductory part

1. Each Member State shall ensure, through evidence, that the following conduct shall be a punishable criminal offence, when committed intentionally:

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Article 5 – paragraph 1

1. Each Member State shall ensure, through evidence, that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionate and dissuasive criminal penalties, which respect fundamental rights.

2017/10/12
Committee: LIBE

Maria GRAPINI

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~~for aggravated offences under national law.

2017/10/12
Committee: LIBE

Maria GRAPINI

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

(ba) the money is used to finance other criminal activities;

2017/10/12
Committee: LIBE

Maria GRAPINI

Proposal for a directive
Article 8 – paragraph 1 – introductory part

Each Member State shall ensure that a legal person held liable for offences pursuant to Article 67 shall be punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions, such as:

2017/10/12
Committee: LIBE

13 Amendments of Maria GRAPINI related to 2016/0414(COD)

ParlTrack - 2011-2024