Activities of Eero HEINÄLUOMA 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 (11)
Amendment 61 #
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 for the restitution for victims. As such, the reuse of confiscated assets for the compensation and support of victims of crime and for affected communities has the potential to build resilience and thereby prevent further organised crime.
Amendment 62 #
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. 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. Likewise, reinforcing the capacity of competent authorities requires Member States to guarantee sufficient human and financial resources for carrying out tasks laid down in the Directive. Herein, the additional revenue generated by measures enhancing the asset recovery system may serve as a means to cover costs incurred in connection with obligations under the Directive, and thereby support its effective implementation across the Union.
Amendment 67 #
(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 regulate the freezing of funds and economic resources under Union restrictive measures. In that regard, a legal regime should be established to enable the confiscation of private and state-owned Russian assets frozen by the EU in response to Russia’s war of aggression against Ukraine and their subsequent use for the reconstruction of Ukraine.
Amendment 70 #
Proposal for a directive
Recital 7
Recital 7
(7) Measures aiming at increasing capabilities of tracing and identification of relevant property in relation to persons or entities subject to Union restrictive measures, as well as complementary measures to ensure that such property is not transferred or hidden to evade Union restrictive measures, contribute to the prevention and detection of possible violation of Union restrictive measures and enhanced cross-border cooperation in investigations into possible criminal offences. For such purposes, increased efforts for preventing the evasion of Union restrictive measures should be explored, including through the establishment of joint sanctions enforcement structures, with a view to supporting Member States in the implementation of Union restrictive measures.
Amendment 72 #
Proposal for a directive
Recital 11
Recital 11
(11) [In order to ensure the effective implementation of Union restrictive measures, it is necessary to extend the scope of the Directive toSimilarly, the violation of Union restrictive measures is most notably motivated by considerations of financial gain. While generating profits, the circumvention of restrictive measures enables the continued use of frozen assets in ways which undermine the objectives of those restrictive measures. In order to ensure the effective implementation of Union restrictive measures, their violation should be included in the scope of the Directive in so far as they constitute criminal offences within the meaning of Directive (EU) [.../...] [Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures].
Amendment 73 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
Amendment 83 #
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) The Commission is invited to carry out an ex-ante impact assessment on how the net proceeds resulting from the liquidation of assets confiscated or recovered by Member States pursuant to this Directive could be made available to the Union budget as an own resource, in accordance with Article 311 TFEU, while at the same time safeguarding the capacity of Member States to effectively implement the Directive and measures aimed at compensation and support for victims of crime.
Amendment 84 #
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) The Commission assessment should detail how such a new own resource could support Union priorities and the adequate financing of Union expenditure, while reducing the share of GNI-based contributions in the financing of the Union’s budget and facilitating efficiency gains compared to national spending.
Amendment 92 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposes, in particular for victim compensation and support.
Amendment 93 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1 (new)
Article 17 – paragraph 2 – subparagraph 1 (new)
Member States shall make the monetary value of assets confiscated or recovered from criminal activities falling within the meaning of Directive (EU) [.../...] [Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures] and which are in violation of Union restrictive measures adopted against Russia in response to its war of aggression against Ukraine available for use in the reconstruction of Ukraine.
Amendment 96 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. Such proceeds shall be assigned in the form of external assigned revenue allocated to EU programmes under Heading 6 of the Union’ budget, or other EU programmes, and shall be used to support building and rebuilding of the infrastructure in Ukraine, as well as to provide compensation to Ukrainian victims of the war.