12 Amendments of Rachida DATI related to 2016/0414(COD)
Amendment 30 #
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union, public safety and the individual safety of EU citizens. In order to tackle those problems and also reinforce the application of Directive 2015/849/EU34 , this Directive aims to tackle money laundering by means of criminal law, allowing for betmore efficient and swifter cross- border cooperation between competent authorities. _________________ 34 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, amending Regulation (EU) No 648/2012 of the European Parliament and the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p.73).
Amendment 45 #
Proposal for a directive
Recital 6
Recital 6
(6) Tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity, in line with the revised FATF Recommendations. Given that different tax offences may in each Member State constitute a criminal activity punishable by means of the sanctions referred to in this Directive, definitions of tax crimes may diverge in national law. However no harmonisation of, it is not in the scope of this directive to harmonise the definitions of tax crimes in Member States’ national law is sought.
Amendment 62 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive aims to criminalise money laundering when committed intentionally. Intention and knowledge may be inferred from objective, factual circumstances. As this Directive provides for minimum rules, Member States are free to adopt or maintain more stringent criminal law rules for money laundering. Member States may, for example,should also provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence.
Amendment 95 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point q a (new)
Article 2 – paragraph 1 – point 1 – point q a (new)
(qa) tax crimes relating to direct taxes and indirect taxes as clearly defined in the national law of the Member States;
Amendment 102 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point v
Article 2 – paragraph 1 – point 1 – point v
(v) all offences, including tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;
Amendment 104 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Each Member State shall ensure that the following conduct shall be a punishable criminal offence, when committed intentionally or by gross negligence:
Amendment 109 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing at the time of receipt or of its use, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 187 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Jurisdiction of more than one Member State Where an offence falls within the jurisdiction of more than one Member State and can be prosecuted in more than one of those Member States, on the basis of the same facts, those Member States shall cooperate in order to decide which of them is to have jurisdiction with the aim, if possible, of centralising proceedings in that Member State. To that end, those Member States may refer to Eurojust in order to facilitate a cooperation between their judicial authorities and to coordinate their action in a swift and effective manner. Member States referred to in the first paragraph shall include: (a) the Member State in the territory where the offence was committed; (b) the Member State where the offender is a national or resident; (c) the Member State where the property was derived from; (d) the Member State in the territory where the offender was arrested.
Amendment 189 #
Proposal for a directive
Article 10 – title
Article 10 – title
Investigative tools and confiscation measures
Amendment 200 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10 a Freezing and Confiscation 1. Member States shall take the necessary measures to ensure that their competent authorities freeze or confiscate, as appropriate, property derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of any of the offences referred to in this Directive, in accordance with Directive 2014/42/EU of the European Parliament and of the Council; 2. In a case where the property referred to in Article 3, paragraph 1, is located in more than one Member State, Member States’ authorities shall cooperate and, where appropriate, may refer to Eurojust and Europol for a swift and effective cooperation.
Amendment 205 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [2418 months after adoption] at the latest. They shall immediately communicate the text of those provisions to the Commission.
Amendment 206 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall, by [2418 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.