5 Amendments of Victor NEGRESCU related to 2022/0167(COD)
Amendment 64 #
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. Such proceeds of crime may be used, including as new own resources, to enhance the Union’s resilience in the face of crises and be directed towards programmes dedicated to tackle challenges that arose or were amplified by the illegal war of aggression against Ukraine, such as rising costs of living, energy and food insecurity.
Amendment 80 #
Proposal for a directive
Recital 41
Recital 41
(41) To ensure consistent approaches among Member States in the collection of statistics, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission to supplement this Directive by adopting more detailed rules on the information to be collected and the methodology for the collection of the statistics. In this scope, a monitoring system should be in place at Union level to support effective evaluation in the information collection process.
Amendment 90 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. 3. The proceeds of crime may be used, including as new own resources, to enhance the Union’s resilience in the face of crises and be directed towards programmes dedicated to tackle challenges that arised or were amplified by the illegal war of aggression against Ukraine, such as rises costs of living, energy and food insecurity.
Amendment 99 #
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. In this regard, staff pertaining to asset recovery offices and asset management offices may participate in training activities for skilling and upskilling, including through Union programmes and cooperation between Member States, through which best practices can be exchanged and the institutional capacities strengthened.
Amendment 104 #
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. With the scope of effectively supporting the evaluation of the collected statistics and in aiding the information collection process, a monitoring system should be in place at Union level.