12 Amendments of Sophia IN 'T VELD related to 2022/0167(COD)
Amendment 176 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) trace and identify instrumentalities, proceeds, or property whenever necessary to support other competent national authorities responsible and EPPO for asset tracing investigations pursuant to Article 4;
Amendment 180 #
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 and EPPO in the tracing and identification of instrumentalities and proceeds, or property which may become or is the object of a freezing or confiscation order;
Amendment 190 #
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) commercial databases, including business and company or trust registers, including beneficial ownership registers;
Amendment 203 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy as provided for under applicable national law. Member States shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively, including by providing training on ethics and anti-corruption.
Amendment 209 #
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 or EPPO, 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.
Amendment 298 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) to cooperate with other competent authorities responsible for the tracing and identification, freezing and confiscation of property, including EPPO and national law enforcement authorities in other Member States, pursuant to this Directive;
Amendment 322 #
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. Member States shall publish these resources and report them to the Commission on an annual basis.
Amendment 326 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall take the necessary measures to ensure that asset recovery offices, asset management offices, and other competent authorities performing tasks pursuant to Article 4, 19 and 20 , have the power to enter, access and search, directly and immediately, the information referred to in paragraph 3. Member States shall ensure that the information entered into the registry is accurate, complete and up-to-date.
Amendment 331 #
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Member States shall designate the competent authority(ies) which will be responsible for the management of the registry and will take the role of data controller in accordance with Article 3(8) of Directive (EU) 2016/680. Member State shall communicate this designation to the Commission.
Amendment 335 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall collect and maintain comprehensive statistics at central level on the measures taken under this Directive, in line with the methodology developed by the Commission pursuant to paragraph 3.
Amendment 337 #
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 on an annual basis.
Amendment 353 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. 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 European Public Prosecutor's Office (EPPO) with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO. Asset recovery offices shall therefore fulfil the obligations under the EPPO Regulation, including the obligation to report to the EPPO under Article 24 of Council Regulation (EU) 2017/1939, the undertaking of measures if instructed as a competent authority under Article 28(1) of Council Regulation (EU) 2017/1939, and access to information under Article 43(1) of Council Regulation (EU) 2017/1939.