9 Amendments of Emil RADEV related to 2016/0413(COD)
Amendment 95 #
Proposal for a regulation
Recital 12
Recital 12
(12) One of the key concepts used by this Regulation is that of ‘cash’, which should be defined as comprising four categories: currency, bearer-negotiable instruments, commodities used as highly liquid stores of value and certain types ofanonymous prepaid cards. Given their characteristics, certain bearer-negotiable instruments, commodities used as highly liquid stores of value, as well as anonymous prepaid cards which are not linked to a bank account are likely to be used in place of currency as anonymous means of transfer of value across the external borders which are not traceable using the classic system of supervision by the public authorities. This Regulation should lay down the essential components of the definition of 'cash' while at the same time enabling the Commission to amend the non-essential components in response to the efforts by criminals and their associates to circumvent a measure which controls only one type of highly liquid store of value by bringing across external borders another type. If evidence of such behaviour on an appreciable scale is detected, it is essential that measures be taken swiftly to remedy the situation.
Amendment 102 #
Proposal for a regulation
Recital 15
Recital 15
(15) PAnonymous prepaid cards are anon-nominalymous cards storing monetary value or funds which can be used for payment transactions, for acquiring goods or services or for redemption of currency and which are not linked to a bank account. They are widely used for a variety of legitimate purposes and some of these instruments also present a clear social interest. As such anonymous prepaid cards are easily transferrable and can be used to transfer considerable value across external borders. It is therefore necessary to include anonymous prepaid cards in the definition of cash. This will allow for the possibility to extend the measures to certain types ofanonymous prepaid cards if the evidence justifies it and with due regard to proportionality and practical enforceability.
Amendment 105 #
Proposal for a regulation
Recital 16
Recital 16
(16) For the prevention of money laundering and the financing of terrorism, an obligation to declare should be imposed on natural persons entering or leaving the Union. In order not to restrict free movement unduly or overburden citizens and authorities with administrative formalities, the obligation should be subject to a threshold of EUR 10 000 or its equivalent in commodities used as a highly liquid store of value, bearer-negotiable instruments, anonymous pre-paid cards' worth or other currencies. It should apply to natural persons carrying such amounts on their person, in their luggage or in the conveyance in which they cross the external border. They should be required to make the cash available to the competent authorities for control.
Amendment 123 #
Proposal for a regulation
Recital 25
Recital 25
(25) Where they register a failure to declare or disclose or have indications of criminal activity, competent authorities should be able to share the information through appropriate channels with authorities competent for the fight against the criminal activity in question. Such exchange of data is proportionate considering that offenders against the obligation to declare who have been apprehended in one Member State would be likely to select another Member State of entry or exit where the competent authorities would have no knowledge of their earlier infractions. The exchange of such information should be made mandatory, in order to ensure consistent application across Member States. Where there are indications that the cash is related to criminal activity which could adversely affect the financial interests of the Union that information should also be made available to the Commission and the European Public Prosecutor's Office. In order to achieve better the preventive and dissuasive objectives of this Regulation with regards to the circumvention of the obligation to declare, anonymised risk information and risk analysis results should also mandatorily be exchanged between Member States and with the Commission.
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point a – indent 4
Article 2 – paragraph 1 – point a – indent 4
- anonymous prepaid cards referred to in Annex I;
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 14 in order to amend Annex I to take account of new trends in money laundering or terrorist financing, as defined in paragraphs 3, 4 and 5 of Article 1 of Directive (EU) 2015/849, or best practices in preventing money laundering or terrorist financing or to prevent the use by criminals of bearer- negotiable instruments, commodities used as highly liquid stores of value or anonymous prepaid cards to circumvent the obligations laid down in Articles 3 and 4.
Amendment 206 #
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 the European Public Prosecutor's Office.
Amendment 253 #
Proposal for a regulation
Annex I – heading 1
Annex I – heading 1
Bearer-negotiable instruments, commodities used as highly liquid stores of value and anonymous prepaid cards which are considered cash in accordance with points (ii), (iii) and (iv) of Article 2(1)(a)
Amendment 263 #
Proposal for a regulation
Annex I – point 3
Annex I – point 3
3. The following anonymous prepaid cards shall be considered cash in accordance with Article 2(1)(a)(iv):