22 Amendments of Emil RADEV related to 2016/0412(COD)
Amendment 41 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 TEU and in the Charter of Fundamental Rights of the European Union.
Amendment 45 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) 'property’' means property of any descriptionmoney or assets of any kind, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencings well as limited property rights and legal documents or instruments, in any form including electronic or digital, evidencing ownership or other title or interest in such propertyassets, which the issuing authority considers to be :
Amendment 46 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A freezing order or confiscation order shall give rise to execution without verification of the double criminality of the acts if the acts - including acts of complicity and preparation as well as attempted acts - giving rise to the freezing or confiscation order constitute one or more of the following offences, as defined by the law of the issuing State, and are punishable in the issuing State by a custodial sentence of a maximum of at least three years::
Amendment 52 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A confiscation order, or a certified copy of it, shall be transmitted together with the certificate provided for in Article 7 by the issuing authority directly to the executing authority or, where applicable, to the central authority referred to in Article 27(2) by any means capable of producing a written record under conditions allowing the executing authority to establish its authenticity.
Amendment 59 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The executing authority shall without delay make a report to the issuing authority, by any means capable of producing a written record, on the postponement of the execution of the order, including the grounds for the postponement and, if possible, the expected duration of the postponement. In the event of a postponement under the provisions of subparagraph (b), the issuing authority shall, in cases of execution of a confiscation order in more than one Member State, issue fresh instructions as to the exact amount of money subject to confiscation.
Amendment 61 #
Proposal for a regulation
Article 13 – paragraph 1 – point б
Article 13 – paragraph 1 – point б
(b) the order could have been ordered under the same conditions in a similar domestic case; andDoes not affect the English version.)
Amendment 63 #
Proposal for a regulation
Article 18 – paragraph 1 – point а
Article 18 – paragraph 1 – point а
Amendment 64 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where the issuing authority has indicated in the freezing order that there are legitimate grounds to believe that the property in question will imminently be moved or destroyed and that immediate freezing is necessary, or if the issuing authority has indicated in the freezing order that the freezing measure has to be carried out on a specific date, the executing authority shall, in so far as possible, take full account of this requirement.
Amendment 65 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The executing authority shall take the decision on the recognition and execution of the freezing order, or on consulting the issuing authority in accordance with Article 18(2), as soon as possible and, without prejudice to paragraph 7 of this Article, no later than 248 hours after the executing authority has received the freezing order.
Amendment 66 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Unless grounds for postponement pursuant to Article 20 exist, the executing authority shall carry out the freezing without delay and without prejudice to paragraph 7 of this Article, not later than 248 hours after taking the decision referred to in paragraph 3 of this Article.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down the rules under which a Member State shall recognise and execute in its territory a freezing or a confiscation order issued by another Member State within the framework of criminal proceedings in criminal matters.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 TEU and in the Charter of Fundamental Rights of the European Union.
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘property’ means property of any descriptionmoney or assets of any kind, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencings well as limited property rights and legal documents or instruments, in any form including electronic or digital, evidencing ownership or other title or interest in such propertyassets, which the issuing authority considers to be :
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A freezing order or confiscation order shall give rise to execution without verification of the double criminality of the acts if the acts – including acts of complicity and preparation as well as attempted acts – giving rise to the freezing or confiscation order constitute one or more of the following offences, as defined by the law of the issuing State, and are punishable in the issuing State by a custodial sentence of a maximum of at least three years:
Amendment 146 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A confiscation order, or a certified copy of it, shall be transmitted together with the certificate provided for in Article 7 by the issuing authority directly to the executing authority or, where applicable, to the central authority referred to in Article 27(2) by any means capable of producing a written record under conditions allowing the executing authority to establish its authenticity.
Amendment 180 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The executing authority shall immediatelywithout delay make a report to the issuing authority, by any means capable of producing a written record, on the postponement of the execution of the order, including the grounds for the postponement and, if possible, the expected duration of the postponement. In the event of a postponement under the provisions of subparagraph (b), the issuing authority shall, in cases of execution of a confiscation order in more than one Member State, issue fresh instructions as to the exact amount of money subject to confiscation.
Amendment 188 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the order could have been ordered under the same conditions in a similar domestic case; and(Does not affect the English version.)
Amendment 198 #
Proposal for a regulation
Article 18 – paragraph 1 – point а
Article 18 – paragraph 1 – point а
(а) the form provided for in Article 16 has not been translated into an official language of the executing authority or is incomplete or manifestly incorrect, and has not been completed following the consultation in accordance with paragraph 2;
Amendment 207 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 209 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The executing authority shall take the decision on the recognition and execution of the freezing order, or on consulting the issuing authority in accordance with Article 18(2), as soon as possible and, without prejudice to paragraph 7 of this Article, no later than 248 hours after the executing authority has received the freezing order.
Amendment 214 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Unless grounds for postponement pursuant to Article 20 exist, the executing authority shall carry out the freezing without delay and without prejudice to paragraph 7 of this Article, not later than 248 hours after taking the decision referred to in paragraph 3 of this Article.