Activities of Pierre LARROUTUROU 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 (15)
Amendment 25 #
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, as well as dependants of those natural persons, may often be involved as instigators and accomplices. For instance, the practice by designated persons, notably family members, 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 undermines the effectiveness of Union restrictive measures. Therefore, this conduct is covered by the circumvention offence approximated by this Directive.
Amendment 28 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
Amendment 30 #
Proposal for a directive
Recital 19
Recital 19
(19) To ensure the effective investigation and prosecution of violations of Union restrictive measures, Member States’ competent authorities should cooperate through and with Europol, Eurojust and the European Public Prosecutor’s Office (EPPO). TheseGiven the EPPO's current mandate is restricted to offences that affect the financial interests of the Union, the EPPO can only prosecute violations of Union restrictive meansures in certain cases. Members States' competent authorities should also share information among each other and with the Commission on practical issues.
Amendment 32 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Offences consisting in violation of the Union restrictive measures which involve designated persons, their dependants, entity or body, listed in the legal acts of the Union on restrictive measures, such as Council Regulation (EU) No 269/2014 and Council Regulation (EU) No 833/2014, need to be considered in the light of the crimes against the financial interests of the Union.
Amendment 34 #
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, 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 and defend the Union financial interests. 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 43 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional penalties. Those additional penalties which shall include fines.
Amendment 48 #
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 or their dependants, 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].
Amendment 49 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Member States shall take measures allowing net revenues resulting from the liquidation of confiscated assets referred to in Article 10, paragraph 1 to be used for public interest or social purposes, with a particular focus on the victims wherever possible. Where the fines referred to in Article 5(5) and Article 7(2) and (3) are related to the offences referred to in Articles 3 and 4 and are linked to the violation of Union restrictive measures in the context of the Russian war of aggression against Ukraine, they should serve the goal of rebuilding the infrastructure and compensating the victim population.
Amendment 50 #
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
Amendment 51 #
Proposal for a directive
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
The net revenues resulting from the liquidation of confiscated assets or economic resources related to the criminal offences listed in Article 3(2)(h)(i) and (ii) and related to the Russian war of aggression against Ukraine shall be mainly assigned to the Neighbourhood, Development and International Cooperation Instrument – Global Europe on the Eastern Neighbourhood line (14 02 01 11) and, where appropriate, to the NDICI - Global Europe - provisioning of the common provisioning fund line (14 02 01 70) under Heading 6 and the successor budget lines in the next multiannual financial framework.
Amendment 52 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
For the purposes of this Directive, when the notion of competent authorities refers to investigating and prosecuting authorities, it shall be interpreted as including the central and decentralised levels of the EPPO with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO.
Amendment 53 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools and mechanisms, such as those which are used in investigating organised crime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 55 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
(1) Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, when Member States participating in the enhanced cooperation on the establishment of the EPPO are involved, and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, the Commission, and where appropriate, Europol and Eurojust, shall provide technical and operational assistance in order to facilitate the coordination of investigations and prosecutions by the competent authorities.
Amendment 56 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
(2) Member States’ competent authorities shall also regularly share information on practical issues, in particular, patterns of circumvention, e.g. structures to conceal the beneficial ownership and control of assets, with the Commission, EPPO and other competent authorities, within the exercise of their respective competences.
Amendment 58 #
Proposal for a directive
Article 19 – paragraph 2 – point a a (new)
Article 19 – paragraph 2 – point a a (new)
(aa) the number of criminal proceedings referred to the EPPO