46 Amendments of Eva JOLY related to 2018/0105(COD)
Amendment 20 #
Proposal for a directive
Recital 2
Recital 2
(2) In order to enhance security and prosecution of financial crimes in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units and public authorities responsible for the prevention, detection, investigation or prosecution of serious forms of crimes, to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 22 #
Proposal for a directive
Recital 6
Recital 6
(6) Immediate and direct access to the information held in centralised bank account registries is often indispensable for the success of a criminal investigation or for the timely identification, tracing and freezing of the related assets in view of their confiscation. Direct access is the most immediate type of access to the information held in centralised bank account registries. This Directive should therefore lay down rules granting direct access to information held in centralised bank account registries to designated Member States' authorities and other bodies competent for the prevention, detection, investigation or prosecution of criminal offences.
Amendment 29 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit should be empowered to exchange information or analysis already in its possession or which can be obtained from obliged entities at the request of another Financial Intelligence Unit or of a competent authority in its Member State. This exchange should not hamper a Financial Intelligence Unit's active role in disseminating its analysis to other Financial Intelligence Units where that analysis reveals facts, conduct or suspicion of money laundering and terrorist financing of direct interest to those other Financial Intelligence Units. Financial analysis covers operational analysis which focuses on individual cases and specific targets or on appropriate selected information, depending on the type and volume of the disclosures received and the expected use of the information after dissemination as well as strategic analysis addressing money laundering and terrorist financing trends and patterns. However, this Directive should be without prejudice to the organisational status and role conferred to Financial Intelligence Units under the national law of Member States. In particular, FIUs should be under no obligation to comply with the request for information where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested. Any refusal to comply with a request for information from another Financial Investigation Unit or from a competent authority in its Member State should be appropriately explained.
Amendment 31 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to enhance trust and cooperation between FIUs and competent authorities, as well as to improve the efficiency of the fight against money laundering and serious criminal offences, it is essential that FIUs are provided with feedback from competent authorities as regards to the use made of the financial information provided and about the outcome of the investigation or prosecution relating to such information. Member States should therefore require that competent authorities provide regular feedback to the Financial Intelligence Unit and should put in place appropriate mechanisms to allow for such exchanges of information and follow-ups.
Amendment 33 #
Proposal for a directive
Recital 17
Recital 17
(17) Time limits for exchanges of information between Financial Intelligence Units are necessary to ensure quick, effective and consistent cooperation. Sharing information necessary to solve cross-border cases and investigations should be carried out with the same celerity and priority as for a similar domestic case. Time limits should be provided to ensure effective sharing of information within reasonable time or to meet procedural constraints, as well as to harmonise practices of exchange of information between FIUs across the Union. Shorter time limits should be provided in duly justified cases, where the requests relate to specific serious criminal offences, such as terrorist offences and offences related to a terrorist group or activities as laid down in Union law.
Amendment 35 #
Proposal for a directive
Recital 19
Recital 19
(19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. This Directive should not bring any changes to currently agreed methods of data collection and should not derogate from the existing Union data protection law.
Amendment 37 #
Proposal for a directive
Recital 20
Recital 20
(20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit areplies able to reply to requests for financial information and financial analysis made by Europol through the respective Europol National Unit. Member States should also provide that their Europol National Unit areplies able to reply to requests for information on bank accounts by Europol. Requests made by Europol have to be duly justified. They have to be made on a case-by case basis, within the limits of Europol's responsibilities and for the performance of its tasks.
Amendment 39 #
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 accordance with Directive (EU) 2016/680.
Amendment 41 #
Proposal for a directive
Recital 25
Recital 25
(25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime and in accordance with Directive (EU) 2016/680.
Amendment 42 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to overcome the current cooperation difficulties which exist between national FIUs, a European FIU should be set up in order to coordinate, assist and support Member States FIUs in cross-border cases. It would also be particularly suited to an integrated EU financial market and effective in combating money laundering and terrorist financing in the internal market. The Member States FIU would still be primarily responsible for receiving suspicious transaction reports, analysing them and disseminate them to the national competent authority. The EU FIU would lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross- border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases.
Amendment 45 #
Proposal for a directive
Recital 2
Recital 2
(2) In order to enhance security and prosecution of financial crimes in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units and public authorities responsible for the prevention, detection, investigation or prosecution of serious forms of crimes, to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 47 #
Proposal for a directive
Recital 6
Recital 6
(6) Immediate and direct access to the information held in centralised bank account registries is often indispensable for the success of a criminal investigation or for the timely identification, tracing and freezing of the related assets in view of their confiscation. Direct access is the most immediate type of access to the information held in centralised bank account registries. This Directive should therefore lay down rules granting direct access to information held in centralised bank account registries to designated Member States' authorities and other bodies competent for the prevention, detection, investigation or prosecution of criminal offences.
Amendment 50 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is requiredable to reply to requests for financial information or financial analysis by its designated competent authorities referred to in Article 3(2), where that financial information or financial analysis is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offences.
Amendment 51 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 53 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall require that competent authorities referred to in Article 3(2) provide regular feedback to the Financial Intelligence Unit on the use made of the financial information provided in accordance with this Article and about the outcome of the investigation or prosecution relating to such information. Member States shall put in place appropriate mechanisms to allow for swift and secure exchanges of information and follow-ups on investigations and prosecutions between Financial Investigation Units and competent authorities referred to in Article 3(2).
Amendment 55 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Subject to national procedural safeguards, 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 58 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 59 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. A Financial Investigation Unit may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. Any refusal shall be appropriately explained.
Amendment 60 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis, it shall do so as soon as possible and in any case no later than three days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended by a maximum of 10 days. The same time limits apply for sending an appropriate explanation in case of refusals based on Article 9(1a).
Amendment 63 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall ensure that its Europol National Unit is able to repliesy to duly justified requests related to bank account information made by the Agency for Law Enforcement Cooperation established by Regulation (EU) 2016/794 of the European Parliament and of the Council (‘Europol') on a case-by-case basis within the limits of its responsibilities and for the performance of its tasks.
Amendment 65 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Each Member State shall ensure that its Financial Intelligence Unit is able to repliesy to duly justified requests related to financial information and financial analysis made by Europol through the Europol National Unit within the limits of its responsibilities and for the performance of its tasks.
Amendment 67 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 70 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis, a Financial Intelligence Unit should be empowered to exchange information or analysis already in its possession or which can be obtained from obliged entities at the request of another Financial Intelligence Unit or of a competent authority in its Member State. This exchange should not hamper a Financial Intelligence Unit's active role in disseminating its analysis to other Financial Intelligence Units where that analysis reveals facts, conduct or suspicion of money laundering and terrorist financing of direct interest to those other Financial Intelligence Units. Financial analysis covers operational analysis which focuses on individual cases and specific targets or on appropriate selected information, depending on the type and volume of the disclosures received and the expected use of the information after dissemination as well as strategic analysis addressing money laundering and terrorist financing trends and patterns. However, this Directive should be without prejudice to the organisational status and role conferred to Financial Intelligence Units under the national law of Member States. In particular, FIUs should be under no obligation to comply with the request for information where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested. Any refusal to comply with a request for information from another Financial Investigation Unit or from a competent authority in its Member State should be appropriately explained.
Amendment 72 #
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 may only be allowed to the extent that it is strictly necessary and relevant in a specific case and in accordance with Article 10 of Directive (EU)2016/680.
Amendment 73 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to enhance trust and cooperation between FIUs and competent authorities, as well as to improve the efficiency of the fight against money laundering and serious criminal offences, it is essential that FIUs are provided with feedback from competent authorities as regards to the use made of the financial information provided and about the outcome of the investigation or prosecution relating to such information. Member States should therefore ensure that competent authorities provide regular feedback to the Financial Intelligence Unit and should put in place appropriate mechanisms to allow for such exchanges of information and follow-ups.
Amendment 74 #
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
Member States shall adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating to him or her processed under this Directive in accordance with Article 15(1) of Directive (EU) 2016/680 and in order to:
Amendment 75 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a European Financial Intelligence Unit The Commission shall set up a European Financial Intelligence Unit (EFIU) to facilitate coordination, including the exchange of information between FIUs within the Union. The EFIU shall coordinate, assist and support Member Sates FIUs in cross-border cases. The EFIU shall lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases. The Commission shall provide the EFIU with adequate financial, human and technical resources in order to fulfil its tasks.
Amendment 75 #
Proposal for a directive
Recital 17
Recital 17
(17) Time limits for exchanges of information between Financial Intelligence Units are necessary to ensure quick, effective and consistent cooperation. Sharing information necessary to solve cross-border cases and investigations should be carried out with the same celerity and priority as for a similar domestic case. Time limits should be provided to ensure effective sharing of information within reasonable time or to meet procedural constraints, as well as to harmonise practices of exchange of information between FIUs across the Union. . Shorter time limits should be provided in duly justified cases, where the requests relate to specific serious criminal offences, such as terrorist offences and offences related to a terrorist group or activities as laid down in Union law.
Amendment 79 #
Proposal for a directive
Recital 19
Recital 19
(19) Given the sensitivity of financial data that should be analysed by Financial Intelligence Units and the necessary data protection safeguards, this Directive should specifically set out the type and scope of information that can be exchanged between Financial Intelligence Units and with designated competent authorities. This Directive should not bring any changes to currently agreed methods of data collection and should not derogate from the existing Union data protection law.
Amendment 85 #
Proposal for a directive
Recital 20
Recital 20
(20) Under its specific competences and tasks as laid down in Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council16 , Europol provides support to Member States’ cross- border investigations into the money laundering activities of transnational criminal organisations. According to Regulation (EU) 2016/794, the Europol National Units are the liaison bodies between Europol and the Member States' authorities competent to investigate criminal offences. To provide Europol with the information necessary to carry out its tasks, Member States should provide that their Financial Intelligence Unit is able to repliesy to requests for financial information and financial analysis made by Europol through the respective Europol National Unit. Member States should also provide that their Europol National Unit is able to repliesy to requests for information on bank accounts by Europol. Requests made by Europol have to be duly justified. They have to be made on a case-by case basis, within the limits of Europol's responsibilities and for the performance of its tasks. _________________ 16 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53.
Amendment 90 #
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 accordance with Directive (EU) 2016/680.
Amendment 96 #
Proposal for a directive
Recital 25
Recital 25
(25) Personal data obtained under this Directive should only be processed by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime and in accordance with Directive (EU) 2016/680.
Amendment 99 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to overcome the current cooperation difficulties which exist between national FIUs, a European FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases. It would also be particularly suited to an integrated EU financial market and effective in combatting money laundering and terrorist financing in the internal market. The Member States FIU would still be primarily responsible for receiving suspicious transaction reports, analysing them and disseminate them to the national competent authority. The EU FIU would lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross- border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases.
Amendment 143 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Subject to national procedural safeguards, each Member State shall ensure that its national Financial Intelligence Unit is requiredable to reply to requests for financial information or financial analysis by its designated competent authorities referred to in Article 3(2), where that financial information or financial analysis is necessary, on a case- by-case basis, for the prevention, detection, investigation or prosecution of serious criminal offences.
Amendment 145 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 151 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall require that competent authorities referred to in Article 3(2) provide regular feedback to the Financial Intelligence Unit on the use made of the financial information provided in accordance with this Article and about the outcome of the investigation or prosecution relating to such information. Member States shall put in place appropriate mechanisms to allow for swift and secure exchanges of information and follow-ups on investigations and prosecutions between Financial Investigation Units and competent authorities referred to in Article 3(2).
Amendment 156 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Subject to national procedural safeguards, 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 163 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each Member State shall ensure that its Financial Intelligence Unit is enabled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 164 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. A Financial Investigation Unit may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. Any refusal shall be appropriately explained.
Amendment 165 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that where a Financial Intelligence Unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis, it shall do so as soon as possible and in any case no later than three days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended by a maximum of 10 days. The same time limits apply for sending an appropriate explanation in case of refusals based on Article 9(1a).
Amendment 182 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each Member State shall ensure that its Europol National Unit is able to repliesy to duly justified requests related to bank account information made by the Agency for Law Enforcement Cooperation established by Regulation (EU) 2016/794 of the European Parliament and of the Council (‘Europol') on a case-by-case basis within the limits of its responsibilities and for the performance of its tasks.
Amendment 188 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Each Member State shall ensure that its Financial Intelligence Unit is able to repliesy to duly justified requests related to financial information and financial analysis made by Europol through the Europol National Unit within the limits of its responsibilities and for the performance of its tasks.
Amendment 189 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information. Any refusal shall be appropriately explained.
Amendment 206 #
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 may only be allowed to the extent that it is strictly necessary and relevant in a specific case and in accordance with Article 10 of Directive (EU) 2016/680.
Amendment 212 #
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
Member States shall adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating to him or her processed under this Directive in accordance with Article 15(1) of Directive (EU) 2016/680 and in order to:
Amendment 216 #
Proposal for a directive
Article –16 (new)
Article –16 (new)
Article -16 European Financial Intelligence Unit The Commission shall set up a European Financial Intelligence Unit (EFIU) to facilitate coordination, including the exchange of information between FIUs within the Union. The EFIU shall coordinate, assist and support Member States Financial Information Units in cross-border cases. The EFIU shall lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States Financial Information Units for cross-border cases. The Commission shall provide the EFIU with adequate financial, human and technical resources in order to fulfil its tasks.