13 Amendments of Morten PETERSEN related to 2018/0105(COD)
Amendment 44 #
Proposal for a directive
Recital 2
Recital 2
(2) In order to enhance security, combat money laundering and prevent tax evasion in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units and public authorities responsible for the prevention, detection, investigation or prosecution of serious forms of crimes, to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 46 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Financial fraud and money laundering affect the European tax payers. Combating those crimes, therefore, remains a vital priority for the EU.
Amendment 55 #
Proposal for a directive
Recital 10
Recital 10
(10) The perpetrators of criminal offences, in particularsuch as financial fraud and money laundering, are often criminal groups and terrorists, often organisations, who operate across different Member States and their assets, including bank accounts, are often located in other Member States. Given the cross-border dimension of serious crimes, including terrorism, and of the related financial activities, it is often necessary for competent authorities carrying out criminal investigations to access information on bank accounts held in other Member States.
Amendment 59 #
Proposal for a directive
Recital 12
Recital 12
(12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units, including the possibility of establishing a coordination and support mechanism. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to prevent, detect and combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Since Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, different Financial Intelligence Units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Units.
Amendment 95 #
Proposal for a directive
Recital 25
Recital 25
(25) PAny personal data obtained under this Directive should only be processed in accordance with Directive (EU) 2016/680 and Regulation (EU) 2016/679 by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime.
Amendment 102 #
Proposal for a directive
Recital 29
Recital 29
(29) This Directive aims at ensuring that rules are adopted to provide Union citizens with a higher level of security by preventing and combating crime, pursuant to Article 67 of the Treaty on the Functioning of the European Union. Due to their transnational nature, the terrorist and criminal threatcross border organised crimes affect the Union as a whole and require a Union wide response. Criminals may exploit, and will benefit from, the lack of an efficient use of bank account information and financial information in a Member State, which can have consequences in another Member State. Since the objective of this Directive cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Any personal data processing under this Directive shall be subject to Directive (EU) 2016/680 and to Regulation (EU) 2016/679 in their respective scope of application, and any personal data obtained under this Directive shall only be processed by designated competent authorities and FIUs where it is necessary and proportionate for the purposes pursued by this Directive.
Amendment 162 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each Member State shall ensure that its Financial Intelligence Unit is enabentitled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 179 #
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 185 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 191 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 194 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Article 10 a Exchange of information between Europol and Financial Intelligence Units 1. Each Member State shall ensure that its Financial Intelligence Unit is entitled to reply to duly justified requests made by Europol through the Europol National Unit related to financial information and financial analysis already in its possession on a case-by-case basis within the limits of Europol’s responsibilities and for the performance of its tasks. 2. Where there are objective grounds for assuming that the provision of financial information or financial analysis would have a negative impact on ongoing investigations or analysis, or, in exceptional circumstances, where disclosure of the financial information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purpose for which it was requested, the Financial Intelligence Unit shall be under no obligation to comply with the request for information in line with the Europol regulation. 3. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information or financial analysis provided in accordance with this Article and about the outcome of the investigations or inspections performed on the basis of that information or analysis in line with Regulation(EU)2016/794.
Amendment 203 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing of sensitive personal information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case and subject to appropriate safeguards for the rights and freedoms of the data subject.