Activities of Thijs REUTEN related to 2022/0398(COD)
Shadow reports (1)
REPORT 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 (13)
Amendment 52 #
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, or 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. Therefore, this conduct is covered by the circumvention offence approximated by this Directive.
Amendment 55 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The circumvention of restrictive measures enables the continued use of frozen assets in ways which undermine the objectives and effectiveness of those restrictive measures. Proceeds resulting from the violation of Union restrictive measures or instruments used to pursue the violation of restrictive measures should become the object of confiscation. Where the assets are confiscated in connection with the Russian war of aggression on Ukraine or associated crimes, without prejudice to restitution to and compensation of the victims or the public concerned by the criminal offence, the confiscated assets or the net proceeds resulting from the liquidation of such assets should be assigned to contributions towards the reconstruction efforts of Ukraine.
Amendment 64 #
Proposal for a directive
Recital 9
Recital 9
(9) It is appropriate to exclude from the criminalisation activities which concern the provision of goods and services of daily use for the personal use of designated natural persons, such as food and healthcare products and services, or of petty cash, where it is clearly limited to fulfilling the basic human needs of such persons and their dependent family members. The failure to report such activities should also be excluded from criminalisation. It is also appropriate to exclude from the criminalisation activities which concern humanitarian disaster relief, such as after natural or man-made disaster, and the search for and provision of aid to people who are in distress or imminent danger, for example in proximity to the EU's external borders and on sea. The failure to report such activities should also be excluded from criminalisation. In addition, it is appropriate to exclude from criminalisation the delivery of humanitarian aid to persons issistance or activities that support basic human needs. Such humanitarian aid or activities must be provided strictly in accordance with international humanitarian law and can notably but not exclusively consist of food and nutrition, shelter, health care, water and sanitation. Furthermore, in implementing this Directive, Member States should take into account that International Humanitarian Law, the law of armed conflict, requires that restrictive measures should not prevent the delivery of humanitarian aidssistance in line with principles of impartiality, humanity, neutrality and independence.
Amendment 83 #
Proposal for a directive
Recital 20
Recital 20
(20) Whistleblowers can be crucial in provideing valuable information to competent authorities concerning past, ongoing or planned violations of Union restrictive measures, including attempts to circumvent them. This information can relate, for example, to vital facts concerning violations of Union restrictive measures, their circumstances and the individuals, companies and third countries involved. Therefore, it should be ensured that adequate arrangements are in place to enable such whistleblowers to alert the competent authorities and to protect them from retaliation. For that purpose, it should be provided that Directive (EU) 2019/1937 of the European Parliament and of the Council49is applicable to the reporting of violations of Union restrictive measures and to the protection of persons reporting such violations. _________________ 49 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17–56.
Amendment 88 #
Proposal for a directive
Recital 24
Recital 24
(24) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the rights to liberty and security, the protection of personal data as further specified by Regulation (EU) 2016/679, Regulation (EU) 2918/1725 and Directive (EU) 2016/680, the freedom to conduct a business, the right to property, the right to an effective remedy and to a fair trial, the presumption of innocence and the right of defence including the right not to incriminate oneself and to remain silent, the principles of legality, including the principle of non-retroactivity of criminal penalties and proportionality of criminal offences and penalties, as well as the principle of ne bis in idem. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly.
Amendment 147 #
Proposal for a directive
Article 3 – paragraph 6 – indent 3
Article 3 – paragraph 6 – indent 3
– to humanitarian aid provided for persons issistance or activities in support of basic human needs.
Amendment 161 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (h)(iii), (iv) and (v), are punishable by a maximum penalty of at least one year of imprisonment when they involve funds or economic resources of a value of at least EUR 1050 000. Member States shall ensure that the threshold of EUR 1050 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (h)(iii), (iv) and (v), when committed by the same offender.
Amendment 167 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), are punishable by a maximum penalty of at least five years of imprisonment when they involve funds or economic resources of a value of at least EUR 1050 000. Member States shall ensure that the threshold of EUR 1050 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), by the same offender.
Amendment 207 #
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 208 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Member States shall take the necessary measures to allow confiscated property to be used for public interest or social purposes, with a particular focus on the victims wherever possible. Where the confiscated assets originated in a third country, except in the circumstances of war of aggression, Member States shall take all appropriate measures to return them to the third country. In order for these measures to take place efficiently, the Commission and the Member States shall facilitate coordination between competent authorities and with third countries.
Amendment 210 #
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
The Commission shall issue guidelines on the use of the confiscated instrumentalities, proceeds and property for compensation, restitution and reparations towards States, especially in the circumstances of war of aggression insofar as the interests at stake are directly or indirectly affected by the criminal activities covered by this Directive and the Directive (EU) [.../...] of the European Parliament and of the Council [on asset recovery and confiscation].
Amendment 225 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
Such mechanisms shall be aimed at least at:
Amendment 248 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
(1) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP- please insert the data- within sixthree months after entry into force of the Directive]. They shall immediately inform the Commission thereof. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by the Directive.