61 Amendments of Malik AZMANI related to 2022/0167(COD)
Amendment 83 #
Proposal for a directive
Recital 3
Recital 3
(3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of criminal proceedings. An effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the State or, in particular, for the restitution for victims.
Amendment 84 #
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. 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. If their national system is so designed, Member States may apply this Directive in the domain of criminal law, administrative law or civil law, as long as it is ensured that any procedure satisfies the essential characteristics of criminal procedure, in particular its safeguards. 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 87 #
Proposal for a directive
Recital 8
Recital 8
(8) The rules should facilitate cross- border cooperation by providing the competent authorities with the necessary powers and resources to respond in a swift and effective way to requests from authorities in other Member States. Provisions laying down rules on early tracing and identification, urgent action to freeze, or efficient management contribute to improving the possibilities for asset recovery across borders. Given the global nature of in particular organised crime, and the fleeting nature of criminal assets that can easily be moved, cooperation with third countries should also be strengthened.
Amendment 100 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to facilitate cross-border cooperation, the tracing and identification of property at an early stage of a criminal investigation is of essence to ensure the prompt identification of instrumentalities, proceeds, or property, which might be subsequently confiscated, including property related to criminal activities located in other jurisdictions. To ensure a high standard of operating, it is important that rules relating to the work of asset recovery office are harmonised, in order to increase the rate of cross-border information exchange and the tracing of criminal assets. To ensure that financial investigations are sufficiently prioritised in all Member States, so to address a crime of cross-border nature, it is necessary to require competent authorities to launch asset tracing from the moment there is a suspicion of criminal activities that are likely to generate substantial economic benefits.
Amendment 102 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to perform effective asset tracing investigations, efficiently assess whether it is worthwhile to issue a freezing order under Regulation (EU) 2018/1805, and to swiftly respond to cross- border requests, asset recovery offices should have access to the information that allows them to establish the existence, ownership or control of property that may become object of a freezing or a confiscation order. Therefore, asset recovery offices should have swift access to the relevant data such as balances on bank accounts and transaction data, fiscal data, national citizenship and population registries, commercial databases and social security information. This should include law enforcement information in so far as data such as criminal records, vehicles stops, property searches and previous legal actions such as freezing and confiscation orders or seizures of cash can be of value to identify relevant property. Access to information should be subject to specific safeguards that prevent the misuse of the access rights. These safeguards should be without prejudice toin full compliance with Article 25 of Directive (EU) 2016/680 of the European Parliament and of the Council23. The direct and immediate access to this information does not prevent Member States from making access subject to procedural safeguards as established under national law while taking due account of the need for asset recovery offices to be able to swiftly reply to cross-border requests. Requests for information may be refused by asset recovery offices when it would entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right to defence. The implementation of the procedural safeguards for access to databases should not affect the ability of asset recovery offices to respond to requests from other Member States, especially in case of urgent requests. Access to relevant databases and registries under this Directive should complement access to bank account information pursuant to Directive (EU) 2019/1153 of the European Parliament and of the Council24and to beneficial ownership information pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council25. _________________ 23 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 24 Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 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 (OJ L 186, 11.7.2019, p. 122). 25 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, as amended by Directive (EU) 2018/843 (OJ L 141 5.6.2015, p. 73).
Amendment 104 #
Proposal for a directive
Recital 18
Recital 18
(18) To ensure and facilitate the security of the information and personal data shared between asset recovery offices, and the use ofsupervision thereof, all asset recovery offices should be able to directly access the Secure Information Exchange Network Application (SIENA), managed by Europol in accordance with Regulation (EU) 2016/794 of the European Parliament and of the Council26,. The use of SIENA should be mandatory for all communications among asset recovery offices under this Directive. Therefore, in order to be able to fulfil all the tasks assigned by this Directive, all asset recovery offices should be able to directly access SIENA. _________________ 26 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 114 #
Proposal for a directive
Recital 26
Recital 26
(26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. TConfiscations that do not follow a conviction need to be in compliance with fundamental rights. In particular, the right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.
Amendment 126 #
Proposal for a directive
Recital 34
Recital 34
(34) Freezing, confiscation, and interlocutory sales orders should, in principle, be communicated to the affected party without delay, except in circumstances wherein such communication can put at risk the confidentiality or integrity of a criminal investigation. The purpose of communicating those orders is, inter alia, to allow the affected person to challenge them before a court. Therefore, such communications should, as a general rule, indicate the reason or reasons for the order concerned. The affected party should have the effective possibility to challenge the freezing, confiscation, and interlocutory sales orders. In the case of confiscation orders where all elements of the criminal offence are present but a criminal conviction is impossible, the defendant should have a possibility to be heard before the adoption of the order. The same possibility should be provided for the owner affected by an order to sell the property before confiscation.
Amendment 128 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) It is important that minimum standards for the functioning of asset recovery offices and asset management offices are ensured throughout the Union. For this reason, Member States should be required to regularly report to the Commission on the financial, human and technical resources allocated to these offices.
Amendment 129 #
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to advise the Commission on the implementation of the measures provided for in this Directive, to exchange information on the efficiency and effectiveness of the cooperation with third countries and to analyse the national strategies on asset recovery adopted by Member States to identify best practices, a platform on asset recovery and confiscation (the ‘platform’) should be established under the political guidance of the Commission. The platform should be composed of representatives from asset recovery offices and asset management offices and should be co-chaired by a representative of the Commission and of Europol. It should invite representatives from Eurojust and the European Public Prosecutors Office to participate to the meetings of the platform.
Amendment 130 #
Proposal for a directive
Recital 43 b (new)
Recital 43 b (new)
(43b) In order to enhance the effectiveness of the Union’s restrictive measures, an EU Coordinator for compliance with restrictive measures of the Union should be appointed. The EU Coordinator for compliance with restrictive measures of the Union should analyse, coordinate, and promote new restrictive measures in the Union, pool information and resources to counter their violation, and identify sectors and trade flows with a high circumvention risk;
Amendment 131 #
Proposal for a directive
Recital 43 c (new)
Recital 43 c (new)
(43c) To manage the frozen assets within the framework of the Common Foreign and Security Policy efficiently, the European Commission should set up a special EU Asset Management Office.
Amendment 146 #
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) swindling;
Amendment 154 #
Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
Article 2 – paragraph 2 – point j a (new)
(ja) illicit trafficking in hormonal substances and other growth promoters;
Amendment 155 #
Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
Article 2 – paragraph 2 – point j b (new)
(jb) illicit trafficking in nuclear or radioactive materials;
Amendment 156 #
Proposal for a directive
Article 2 – paragraph 2 – point j c (new)
Article 2 – paragraph 2 – point j c (new)
(jc) crimes within the jurisdiction of the International Criminal Court;
Amendment 157 #
(jd) unlawful seizure of aircraft or ships.
Amendment 163 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5a) ‘urgent freezing measure’ means immediate action undertaken by an asset recovery action when necessary in order to preserve a property;
Amendment 168 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. To facilitate cross-border cooperation, Member States shall take measures to enable the swift tracing and identification of instrumentalities and, proceeds, or property, or unexplained wealth which may become or is the object of a freezing or confiscation order in the course of criminal proceedings.
Amendment 170 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities whenever an investigation is initiated in relation to a criminal offence which is likely to give rise to substantial economic benefit, or where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures. The initiation of the asset tracing investigation shall be systematic, but may be subject to a minimum threshold as regards the value linked to the criminal offence.
Amendment 173 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall set up at least one asset recovery office to facilitate cross-border cooperation in relation to asset tracing investigations which shall act under the responsibility of a judicial authority.
Amendment 175 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) trace and identify instrumentalities, proceeds, or property, or unexplained wealth whenever necessary to support other competent national authorities responsible for asset tracing investigations pursuant to Article 4;
Amendment 177 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) trace and identify instrumentalities, proceeds, or property, or unexplained wealth which may become or is the object of a freezing or confiscation order issued by another Member State;
Amendment 179 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) cooperate and exchange information with other Member States’ asset recovery offices in the tracing and identification of instrumentalities and , proceeds, or property, or unexplained wealth which may become or is the object of a freezing or confiscation order;
Amendment 186 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have immediate and direct access to the following information to the extent that information is necessary for the tracing and identification of proceeds, instrumentalities, and property:, and unexplained wealth
Amendment 187 #
Proposal for a directive
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) data regarding the balance on bank accounts and financial transactions;
Amendment 192 #
Proposal for a directive
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(ga) in accordance with national law, data stored by providers of virtual assets, including account balances of virtual assets;
Amendment 193 #
Proposal for a directive
Article 6 – paragraph 1 – point g b (new)
Article 6 – paragraph 1 – point g b (new)
(gb) in accordance with national law, data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).
Amendment 197 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the information referred to in paragraph 1 is not stored in databases or registers, Member States shall take the necessary measures to ensure that asset recovery offices can swiftly obtain that information by other means in a systematic and automised manner.
Amendment 198 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The Commission may adopt delegated acts in accordance with Article 30 laying down specifications for a standardised template for requests for information as referred to in paragraph 1, point (b) of this Article.
Amendment 201 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Access to information pursuant to Article 6 shall be performed only where necessary on a case-by-case basis by the staff specifically designated and authorised to access the information referred to in Article 6, in line with Directive 2016/680 (LED).
Amendment 204 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Without prejudice to the requirements laid down in Article 25 of Directive 2016/680, Member States shall ensure that the authorities holding the information referred to in Article 6 keep logs of all access and search activities by asset recovery offices in accordance with this Directive. The logs shall contain the following:
Amendment 207 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office of another Member State, any information that is necessary for the performance of their tasks pursuant to Article 5. The categories of personal data that can be provided are those listed in Section B, point 2 of Annex II to Regulation (EU) 2016/794, with the exclusion of the special data categories of personal data relating to forensic identification information under Section B, point 2(c)(v) .
Amendment 211 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. When making a request pursuant to paragraph 1, the requesting asset recovery office shall, in line with the objective of data minimisation, specify as precisely as possible the following:
Amendment 219 #
Proposal for a directive
Article 9 – paragraph 6 – point b a (new)
Article 9 – paragraph 6 – point b a (new)
(ba) (c) in particular and objectively specified circumstances, entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right to defence.
Amendment 224 #
Proposal for a directive
Article 9 – paragraph 7
Article 9 – paragraph 7
7. For refusals to give information, Member States shall take the necessary measures to ensure that reasons are given for refusals to provide informationand that the requesting asset recovery office is consulted in advance. Refusals shall only affect the part of the requested information to which the reasons set out in paragraph 6 relate and shall, where applicable, leave the obligation to provide the other parts of the information in accordance with this Directive unaffected.
Amendment 225 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that the receipt of requests for information pursuant to this Directive are immediately and systematically acknowledged. Where the information requested pursuant to paragraph 1, point (b) is not directly available or the request pursuant to paragraph 1, point (a) imposes a disproportionate burden, the asset recovery office receiving the request may postpone the provision of the information. In that case, the requested asset recovery office shall immediately inform the requesting asset recovery office of this postponement and shall provide the requested information as soon as possible, and in any event within three days of the initial deadline established pursuant to paragraph 1.
Amendment 229 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Freezing measures shall include immediate action, in the form of urgent freezing measures, to be taken when necessary in order to preserve the property.
Amendment 268 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. When determining whether the frozen property is derived from criminal offences, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is substantially disproportionate to the lawful income of the owner of the property for which there is no reasonable explanation.
Amendment 271 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to enable the tracing and identification of property to be frozen and confiscated even after a final conviction for a criminal offence, or following proceedings in application of Articles 15 and 16. Member States shall ensure that such investigations are also possible with the aim of victim compensation.
Amendment 272 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. For the purpose of paragraph 1, Member States shall ensure that competent authorities can use the same investigative powers as those available for tracing and freezing of assets pursuant to Chapter III of this Directive.
Amendment 277 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States shall ensure that assets that are confiscated when acting upon the request of another Member State shall be executed in accordance with an asset-sharing agreement.
Amendment 281 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obvictims’ rights to obtain compensation for their claims has priority over payment to the State. The European Commission shall provide guidelines for compensation for victims of crimes in relation to article 2(3), takin compensation for their claimsg into account damage caused to the individual victims and the public interest.
Amendment 289 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that, before issuing a freezing order within the meaning of Article 11 paragraph 1, competent authorities responsible for the management of frozen and confiscated property carry out, wherever possible and relevant, an assessment of the costs which may be incurred in the management of the property which may be frozen, for the purposes of preserving and optimizing the value of such property until its disposal.
Amendment 302 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Member States shall ensure that the freezing orders pursuant to Article 11, confiscation orders pursuant to Articles 12 to 16, and orders to sell the property pursuant to Article 20 are communicated to the affected person setting out the reasons for the measure. To protect ongoing criminal investigations, Member States may put in place rules allowing for the temporary postponement of informing the affected persons. Member States shall inform the affected persons as soon as it is no longer necessary to postpone.
Amendment 304 #
Proposal for a directive
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
Member States shall provide for the effective possibility for the person whose property is affected to challenge the confiscation order and the relevant circumstances of the case before a court, in accordance with procedures provided for in national law. Member States shall ensure that affected persons may always join the judicial procedure if they have a claim on the confiscated property.
Amendment 308 #
Proposal for a directive
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Member States shall provide for the effective possibility for the person whose property is affected to challenge an order pursuant to Article 20 to sell the property in question. Member States shall provide for the possibility that such an appeal has suspensory effectall legal remedies to challenge the freezing order.
Amendment 311 #
Proposal for a directive
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) strategic objectives, priorities and measures for the purposes of enhancing efforts by all competent national authorities involved in the recovery and management of property as set out in this Directive;
Amendment 312 #
Proposal for a directive
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) a governance framework to achieve the strategic objectives and priorities, including an effective cooperation framework between asset recovery offices and asset management offices, and a further description of the roles and responsibilities of all the competent authorities and cooperation mechanisms;
Amendment 317 #
Proposal for a directive
Article 24 – paragraph 2 – point d a (new)
Article 24 – paragraph 2 – point d a (new)
(da) the use of confiscated assets for public interest or social use;
Amendment 321 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this Directive, have appropriately qualified staff and appropriate financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In addition to Article 24(2)(c), Member States shall update the Commission annually on the resources allotted to asset recovery offices and asset management offices.
Amendment 329 #
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States shall ensure that appropriate technical and organisational measures are in place to ensure the security of the data contained in the centralised registries of frozen and confiscated property. As regards data protection, Member States shall designate a competent authority for the management of the centralised registries, thereby functioning as data controller in accordance with Article 3(8) of Directive 2016/680 (LED).
Amendment 334 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26a Assets confiscated relating to the violation of Union restrictive measures Member States shall transfer the monetary value of confiscated assets listed in the centralised registries referred to in Article 26 to the Rebuild Ukraine Facility where those assets have been confiscated as a result of a criminal investigation relating to the violation of Union restrictive measures, pursuant to Article 2(3) of this Directive and in accordance with Article 21(5) of the Financial Regulation.
Amendment 336 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The statistics collected shall include: (a) the number of freezing orders executed; (b) the number of confiscation orders executed; (c) the estimated value of property frozen, at least of property frozen with a view to possible subsequent confiscation at the time of freezing; (d) the estimated value of property recovered at the time of confiscation; (e) the number of requests for freezing orders to be executed in another Member State; (f) the number of requests for confiscation orders to be executed in another Member State; (g) the value or estimated value of the property recovered following execution in another Member State (h) the value of the property destined to be used for victim compensation or reused for social purposes (i) the type of use to which the confiscated property has been put.
Amendment 338 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September] of the following year. The Commission shall make these statistics publicly available.
Amendment 349 #
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Amendment 350 #
Proposal for a directive
Article 27 b (new)
Article 27 b (new)
Article 27b EU Coordinator for compliance with restrictive measures 1. With the view of promoting the effectiveness of the Union’s restrictive measures, the Commission shall appoint an EU Coordinator for compliance with restrictive measures of the Union. 2. The EU Coordinator for compliance with restrictive measures of the Union shall: (a) analyse, coordinate, and promote new restrictive measures in the Union; (b) pool information and resources to counter evasion of EU sanctions; (c) identify sectors and trade flows with a high circumvention risk; (d) provide information and assistance to the EU Asset Management Office on frozen assets related to EU restrictive measures; 3. Upon the publication of new restrictive measures, the EU Coordinator for compliance with Union restrictive measures shall make available a list of relevant targeted entities in a manner that is compatible with Member States’ tracing systems. 4. The Commission shall provide the EU Coordinator for compliance with restrictive measures of the Union with sufficient resources and staff to support its tasks.
Amendment 351 #
Proposal for a directive
Article 27 c (new)
Article 27 c (new)
Article 27c Asset management of confiscated assets relating to the violation of Union restrictive measures The European Commission, in cooperation with the EU Coordinator for compliance with restrictive measures shall set up a special EU Asset Management Office to actively manage the frozen assets within the framework of the Common Foreign and Security Policy and the directive on the violation of Union restrictive measures. Any net return from these activities shall be transferred to the Rebuild Ukraine Facility.
Amendment 352 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Asset recovery offices of Member States shall closely cooperate with the European Public Prosecutor’s Office for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order in proceedings in criminal matters concerning criminal offences for which the European Public Prosecutor’s Office exercises its competence. For the purposes of this Directive, asset recovery offices of Member States shall treat the European Public Prosecutor’s Office (EPPO) in the same manner as an asset recovery office of any other Member State, in so far as it falls within the remit of the EPPO’s competences.
Amendment 354 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Asset recovery offices shall cooperate with Europol and Eurojust, in accordance with the areas of their competence, for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of criminal proceedings, and where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures. For matters relating to countering money laundering and the financing of terrorism, asset recovery offices shall cooperate with the Anti-money laundering Authority (AMLA).
Amendment 360 #
Proposal for a directive
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. The exchange and further processing of personal data for the purposes of cooperation with EU bodies and agencies shall be in compliance with the provisions of Chapter IX of Regulation (EU) 2018/1725 (EUDPR).