Activities of Johan VAN OVERTVELDT related to 2022/0167(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on Asset recovery and confiscation
Amendments (5)
Amendment 59 #
Proposal for a directive
Recital 2
Recital 2
(2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. Therefore, to tackle the serious threat posed by organised crime, competent authorities should be given the means to effectively trace and identify, freeze, confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities. The monetary value of such confiscated assets should be reintroduced into legal economy. Where the confiscated assets stem from the crime of Russian aggression against Ukraine and other crimes associated with this aggression, the monetary value of the assets should serve the goal of building and rebuilding of the infrastructure in Ukraine including through the use of financial instruments, as well as the compensation for the victim population.
Amendment 66 #
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union, as well as to enable the reuse of the confiscated assets into the Union budget and, where the assets stem from the crimes of Russian aggression against Ukraine, in the form of external assigned revenue. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system.
Amendment 69 #
Proposal for a directive
Recital 6
Recital 6
(6) Moreover, the adoption of unprecedented and far-reaching Union restrictive measures triggered by the Russian invasion into Ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual Union restrictive measures across the Union. While not criminal in nature, nor requiring criminal conduct as a pre-condition for their imposition, Union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures, and should thus benefit from strengthened capabilities in the context of identification and tracing of property. For such purpose, rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures, and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. Measures related to freezing and confiscation under this Directive, notably those under Chapters III and IV, remain however limited to situations where property stems from criminal activities, such as the violation of Union restrictive measures. This Directive does not regulateWhere the assets stem from the crime of Russian aggression on Ukraine or associated crimes, the confiscated assets shall be dedicated to the freezing of funds and economic resourceconstruction of Ukraine including through the use of financial instruments uander Union restrictive measures to compensation of the victim population.
Amendment 94 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The monetary value of the confiscated criminal proceeds set out in Article 26a of this Directive shall be assigned to reconstructing Ukraine in the form of an external assigned revenue and shall be used to support projects to build and rebuild infrastructure in Ukraine including through the use of financial instruments and to provide compensation to the Ukrainian victim population.
Amendment 102 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26 a Assets confiscated in the context of Russian aggression against Ukraine Member States shall transfer the monetary value of confiscated assets stemming from the crimes of Russian aggression against Ukraine and listed in the centralised registries referred to in Article 26 to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood)