Activities of Rasmus ANDRESEN related to 2022/0398(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the Definition of criminal offences and penalties for the violation of Union restrictive measures
Amendments (7)
Amendment 27 #
Proposal for a directive
Recital 6
Recital 6
(6) Persons, entities and bodies, which are designated individually in Union restrictive measures and subject to those Union restrictive measures, may often be involved as instigators and accomplices. For instance, the practice by designated persons and entities of transferring funds, property or economic resources to a third party with a view to circumvent Union restrictive measures is increasingly widespread and needs to be addressed. Therefore, this conduct is covered by the circumvention offence approximated by this Directive.
Amendment 29 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Violation of the Union restrictive measures is often linked to other criminal activites and motivated by considerations of financial gain. While generating profits, the circumvention of restrictive measures enables the continued use of assets. This undermines the objectives of those restrictive measures and hence needs to be addressed.
Amendment 33 #
Proposal for a directive
Recital 23
Recital 23
(23) The objectives of this Directive, namely to ensure common definitions of offences related to the violation of Union restrictive measures and the availability of effective, dissuasive and proportionate criminal penalties for serious offences related to the violation of Union restrictive measures cannot be sufficiently achieved by Member States but can rather, by reason of the scale and effects of this Directive, be better achieved at Union level including through the active involvment of EPPO within the scope of its mandate, taking into account the inherent cross-border nature of the violation of Union restrictive measures and their potential to undermine the achievement of the Union objectives to safeguard international peace and security as well as to uphold Union common values. Therefore the Union may adopt measures, in accordance with the principle of subsidiarity as set out in accordance with Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
Amendment 36 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) 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 37 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘designated person, entity or body’, means those natural or legal persons, entities or bodies subject to Union restrictive measures consisting in the freezing of funds and economic resources and the prohibition to make funds and economic resources available, as well as Union travel restrinctions;
Amendment 46 #
-1 Member States shall ensure that funds or economic resources subject to Union restrictive measures in respect of which the designated person, entity or body, listed in Council Regulation (EU) No 269/2014and Council Regulation (EU) No 833/2014, commits or participates in an offence referred to in Article 3(2) shall be frozen and confiscated. In addition, Member States shall ensure that regarding party closely related to suspected, accused or convicted person as defined in [ Directive on asset recovery and confiscation ] Article 13 of [ Directive on asset recovery and confiscation] shall fully be implemented and without undue delay.
Amendment 47 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall take the necessary measures to ensure that funds or economic resources subject to Union restrictive measures in respect of which the designated person, entity or body commits or participates in an offence referred to in Article 3(2), points (h)(i) or (ii), are considered as ‘proceeds’ of crime for the purposes of Directive (EU) […/…] [Directive on asset recovery and confiscation]. The proceeds shall be used for public interest or social purposes, with a particular focus on the victims wherever possible. Member States shall decide for which areas of public interest and social purposes the proceeds or the monetary value may be used except for those established as an own resource in accordance with Article 311(3) TFEU and those related to the Russian aggression against Ukraine, which shall constitute external assigned revenue in accordance with Article 21(5) of the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council1a (‘the Financial Regulation’) until the establishment of the relevant own resource in accordance with Article 311(3) TFEU and without prejudice to restitution, compensation, to the victims and public concerned and Member States’ capacity to implement the Directive.