14 Amendments of Ana GOMES related to 2018/0105(COD)
Amendment 87 #
Proposal for a directive
Recital 22
Recital 22
(22) To achieve the appropriate balance between efficiency and a high level of data protection, Member States should be required to ensure that the processing of sensitive financial information that could reveal a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation should be allowed only to the extent that it is strictly necessary and relevant to a specific investigation and in compliance with the relevant data protection regime.
Amendment 100 #
Proposal for a directive
Recital 28
Recital 28
(28) The Commission should report on the implementation of this Directive threewo years after its date of transposition, and every three years thereafter. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making19 the Commission should also carry out an evaluation of this Directive on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Directive and the need for any further action. _________________ 19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the provisions of Directive (EU) 2015/849 of the European Parliament and of the Council and the related provisions in the national law of Member States, including the organisational status conferred to Financial Intelligence Units under national law; and also the competencies of national authorities responsible for application of legislation concerning the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall notify the Commission its designated competent authorities in accordance with paragraphs (1) and (2) by [64 months from transposition date] at the latest, and shall notify the Commission of any amendment thereto. The Commission shall publish the notifications and any amendment thereto in the Official Journal of the European Union.
Amendment 134 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the access and search by competent authorities is supported by technical and organisational measures ensuring the security of the data according to the highest technological standards available.
Amendment 146 #
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. When refusing to provide information, FIUs shall transmit a detailed explanation for such denial.
Amendment 154 #
Subject to national procedural safeguards, in accordance with article 32 (4) Directive (EU) 2015/849 on the access to information by the Financial Intelligence Units each Member State shall ensure that its designated national competent authorities are required to reply, in a timely manner, to requests for law enforcement information by the national Financial Intelligence Unit, on a case-by- case basis, where the information is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 183 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information provided in accordance with this Article and about the outcome of the investigations or analysis performed on the basis of that information.
Amendment 193 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Europol is entitled to reply to requests for information by Financial Intelligence Units on a case-by-case basis, where the information is necessary for the prevention and combating of money laundering, associated predicate offences and terrorist financing.
Amendment 204 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing of information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation mayshall only be allowed to the extent that it is strictly necessary and relevant in a specific casein accordance with Article 10 of Directive (EU) 2016/680 and Article 9 Regulation (EU) 2016/679 in their respective scope of application.
Amendment 208 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Only persons specifically authorised and trained may access and process the data referred to in paragraph 1 under the instruction of the data protection officer
Amendment 214 #
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) enable the Financial Intelligence Unit or the competent national authority to fulfil its tasks properly for the purposes of this Directive; in accordance with Article 15(1) of Directive (EU)2016/680 and Article 41(4) of Directive 2015/849 in their respective scope of application.
Amendment 218 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. By [OJ please insert date: threewo years after the date of transposition of this Directive] at the latest, and every three years thereafter, the Commission shall draw up a report on the implementation of this Directive and submit it to the European Parliament and to the Council. The report shall be made public.
Amendment 220 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by XXYY [262 months after the date of entry into force of Directive (EU) (…)/2018: OJ please insert number of Directive amending Directive (EU) 2015/849] at the latest. They shall forthwith communicate to the Commission the text of those provisions.