26 Amendments of Monika HOHLMEIER related to 2015/0281(COD)
Amendment 56 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the UN Security Council Resolutions 2195 (2014), 2199 (2015) and 2253 (2015)
Amendment 57 #
Draft legislative resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to UN Security Council Resolution 1373 (2001)
Amendment 62 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The United Nations (UN), Interpol and Europol have been reporting for years on the increasing convergence between organised crime and terrorism. Europol's latest Terrorism Situation and Trend Report concludes that the overall threat by terrorists to the security of citizens of the Union and interests is likely to increase and has been particularly exacerbated by the conflict in Syria and Iraq, while the nexus between terrorism and organised crime and the links between criminal and terrorist groups constitute an increased security threat to the Union. Member States should, therefore, ensure that the financing and the support of terrorist crimes by means of organised crime is made punishable and that the interlinks of organised crime and terrorist activities and terrorist financing are considered more strongly by authorities of the Member States involved in criminal proceedings.
Amendment 75 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Certain forms of internet use can be conducive to radicalisation, enabling fanatics throughout the world to connect with each other and recruit vulnerable individuals without any physical contact whatsoever and in a manner that is difficult to trace. The internet generates specific challenges given its global and cross-border nature, thus giving rise to legal gaps and jurisdictional conflicts. Every Member State should set up a special unit tasked with detecting and signalling illegal content on the internet and with facilitating the detection, blocking and removal of such content. The creation by Europol of the Internet Referral Unit (IRU), responsible for detecting illegal content and supporting Member States in this regard, while fully respecting the fundamental rights of all parties involved, represents a significant step forward in this regard. Member States' units should also cooperate with the Union counter terrorism coordinator and the European Counter Terrorist Centre within Europol, as well as with civil society organisations active in this field. Member States should enforce cooperation with each other and with the relevant Union agencies on these matters.
Amendment 104 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The most effective means of combatting terrorism on the Internet is to remove illegal terror content at source. Member States should use their best endeavours to cooperate with third countries in seeking to secure the removal of such content from servers within their territory. However when removal of illegal terror content at its source is not possible, Member States may put in place measures to block access from the Union's territory to Internet pages identified as containing or disseminating terrorist content. The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites could be based on various types of public action, such as legislative, non-legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Member States should ensure that mechanisms to remove or block access to terror content take account of the rights of Internet Services Providers and of the end users and comply with existing legal and judicial procedures.
Amendment 124 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Financial investigations may be fundamental in uncovering the facilitation of terrorist offences and the networks and schemes of terrorist organisations. Such investigations may be very productive, particularly when tax and customs authorities, financial intelligence units (FIUs) and judicial authorities are involved at an early stage of the investigation. Efforts conducted by the Member States aimed at preventing, investigating and combatting terrorist financing should make full use of Europol's financial intelligence and counter terrorist financing capabilities, including the Terrorist Financing Tracking Program (TFTP), FIU.Net, and teams responsible for operational support to Member States within anti-money laundering and asset recovery. Member States should endeavour to ensure a more efficient and coordinated approach aiming at establishing specialised units at national level to deal with financial investigations, including those related to the misuse of virtual currencies, into terrorism. Such a centralisation of expertise may have considerable added value and contribute substantially to securing successful prosecutions.
Amendment 128 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) The trade in goods in the fields of organised crime or other commercial activities have become a lucrative source of funding for terrorist organisations. Due diligence, monitoring and reporting requirements incumbent on private economic actors engaged in the trading in goods whose trading is considered to be vulnerable to terrorist financing take early effect at the transactional stages. They have a preventative effect by materially impairing the trading activities of organised criminal groups and terrorist groups as a source of terrorist financing. Reporting duties to competent bodies of the Member States and a coordinated cooperation between authorities at national and EU-level are suitable to generate additional knowledge to help tracking and prosecuting organised crime and other commercial activities of terrorist organisations more effectively.
Amendment 131 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The provision of material concrete support and assistance for terrorists by supplying of goods and engaging in other commercial trade transactions and the further development of the criminalisation of terrorist financing in relation to those activities should be taken in parallel with due diligence, monitoring and reporting requirements applicable to private economic actors engaged in trading in designated goods whose trading is considered to be vulnerable to terrorist financing.
Amendment 133 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) Furthermore the development of malware to be exclusively used for the purpose of terrorist or serious criminal activities or to the benefit of terrorist groups should be punishable in the Member States.
Amendment 154 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Considering that terrorist organisations rely heavily upon various electronic tools, the internet and social media to communicate, promote, and incite terrorist acts, to recruit potential fighters, to collect funds, or to arrange for other support for their activities, the issues related to electronic evidence create challenges in investigations and prosecutions of terrorist offences. Member States should therefore cooperate among each other, notably through Eurojust and Europol, to ensure a coordinated approach for the development of any measure that may prove efficient in dealing with the gathering, sharing, and admissibility of electronic evidence.
Amendment 159 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) Member States have various existing information sharing mechanisms and analysis files at their disposal which are provided by Interpol as well as by Europol and other authorities and agencies of the Union. Member States and their law enforcement authorities should increase their utilisation of these systems and databases, both in quantitative and qualitative terms, to enhance their prevention and counter-terrorism capabilities by sharing and retrieving information and by conducting systematic strategic and operational analyses in accordance with applicable legal requirements and limits.
Amendment 162 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) A Eurojust report of November 20141a notes that the challenges of gathering and analysis of electronic evidence are twofold: (1) Dealing with the abuse of encryption and anonymity especially in relation to attribution (e.g. the growing sophistication and wider use of anonymisers, proxy servers, Tor and other anonymity networks, satellite links and foreign 3G networks make it difficult to associate an IP address with criminal activity). (2) Dealing with the legal and technical obstacles in relation to data being stored in the cloud.
Amendment 276 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to receive instruction, from another person in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, development of malware to be exclusively used for a terrorist purpose or in other specific methods or techniques, for the purpose of committing of or contributing to the commission of one of the offences listed in points (a) to (h) of Article 3(2) is punishable as a criminal offence when committed intentionally.
Amendment 296 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds or other financial assets, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14c or 16 is punishable as a criminal offence when committed intentionally. This shall specifically include the provision or collection of funds or other financial assets derived from forms of organised crime.
Amendment 317 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Measures against forms of organised crime which are typically committed in respect of the financing of terrorist acts Member States shall take the necessary measures to ensure that 1. serious tax fraud, serious cases of tax evasion and evasion of import or export duties and serious cases of receiving or selling property resulting from tax evasion; 2. money laundering; 3. serious fraud; 4. serious cases of counterfeiting trademarks; 5. the illicit trade in goods, including but not limited to, crude oil, narcotics, works of art, weapons and protected species; in each case with the aim of commissioning one of the criminal offences listed in Article 3, is punishable as a criminal offence when committed intentionally.
Amendment 325 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall take the necessary measures to ensure that aiding or abetting an offence referred to in Articles 3 to 8 and 11 to 14c is made punishable.
Amendment 329 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14c is made punishable.
Amendment 334 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Articles 3, 6, 7, 9 and 11 to 14c, with the exception of possession as provided for in point (f) of Article 3(2) and the offence referred to in point (i) of Article 3(2), is made punishable.
Amendment 337 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall take the necessary measures to ensure that the offences referred to Articles 3 to 14c and 16 are punishable by effective, proportionate and dissuasive criminal penalties, which may entail extradition.
Amendment 345 #
Proposal for a directive
Article 18 – paragraph 1 – point b – point 4
Article 18 – paragraph 1 – point b – point 4
(4) prevent further offences referred to in Articles 3 to 14c and 16.
Amendment 346 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to ensure that legal persons can be held liable for any of the offences referred to in Articles 3 to 14c and 16 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on one of the following:
Amendment 347 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall also take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 3 to 14c and 16 for the benefit of that legal person by a person under its authority.
Amendment 348 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in any of the offences referred to in Articles 3 to 14c and 16.
Amendment 361 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 375 #
Proposal for a directive
Title 5 a (new)
Title 5 a (new)
Due diligence obligations in respect of certain business relationships
Amendment 407 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)