Activities of Jeppe KOFOD related to 2018/0105(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA
Amendments (10)
Amendment 21 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Member States are obliged to cooperate sincerely, loyally and expeditiously as per Article 4(3) of the Treaty on European Union.
Amendment 32 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Designated competent authorities should be empowered to exchange information or analysis already in their possession or which can be obtained following a request to a Financial Intelligence Unit with designated competent authorities of another Member State, following a specific request and on a case-by-case basis, where that information or analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 38 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to enhance cross-border cooperation, Europol should create a specific unit to support and coordinate cooperation and exchange of information between Financial Intelligence Units. This unit should be empowered to assist Financial Intelligence Units in joint analysis of cross-border cases, produce its own analysis and coordinate the work of Financial Intelligence Units in Member States for cross-border cases, whenever necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 43 #
Proposal for a directive
Recital 28
Recital 28
(28) The Commission should report on the implementation of this Directive three years after its date of transposition, and every three years thereafter. This report shall also include an assessment of the need to ensure diagonal cooperation between Financial Intelligence Units and competent authorities in different Member States, and on the need to harmonise the organisation status and role of Financial Intelligence Unites in national law. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making19 the Commission should also carry out an evaluation of this Directive on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Directive and the need for any further action. _________________ 19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 46 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall notify the Commission its designated competent authorities in accordance with paragraphs (1) and (2) by [6 months from transposition date] at the latest, and shall notify the Commission of any amendment thereto. The Commission shall publish the notifications and any amendment thereto in the Official Journal of the European Union, as well as communicating this directly to Member States' designated competent authorities.
Amendment 52 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Where there are objective grounds for assuming that the provision of such information would clearly have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or clearly irrelevant with regard to the purposes for which it has been requested, the Financial Intelligence Unit shall not be under obligation to comply with the request for information, and shall duly reply stating the reasons for such a refusal. In these cases, the Analysis, Support and Coordination Unit within Europol referred to in Article 10a shall be informed.
Amendment 62 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 69 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Analysis, Support and Coordination Unit within EUROPOL 1. Europol shall establish a specific unit to support and coordinate cooperation and exchange of information between Financial Intelligence Units. 2. The unit referred to in paragraph 1 shall be able to assist Financial Intelligence Units in joint analysis of cross-border cases, produce its own analysis and coordinate the work of Financial Intelligence Units in Member States for cross-border cases, whenever necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 77 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. By [OJ please insert date: three years after the date of transposition of this Directive] at the latest, the Commission shall draw up a report assessing the necessity of specific measures to ensure diagonal cooperation, i.e. cooperation between Financial Intelligence Units in one Member States with competent authorities in another Member State. The report shall be submitted to the European Parliament and to the Council, and be accompanied by a legislative proposal, if considered necessary.
Amendment 78 #
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1b. By [OJ please insert date: three years after the date of transposition of this Directive] at the latest, the Commission shall draw up a report assessing the necessity of specific measures to ensure uniformisation of the organisational status and role conferred to Financial Intelligence Units under the national law of Member States, to ensure efficient cooperation and exchange of information. The report shall be submitted to the European Parliament and to the Council, and be accompanied by a legislative proposal, if considered necessary.