Activities of Sonia ALFANO related to 2010/2309(INI)
Plenary speeches (2)
Organised crime in the European Union (A7-0333/2011 - Sonia Alfano) (vote)
Organised crime in the European Union (short presentation)
Reports (1)
REPORT on organised crime in the European Union PDF (254 KB) DOC (158 KB)
Amendments (119)
Amendment 2 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, Council Framework Decision 2005/212/JHA of 24 February 2005 on confiscation of crime-related proceeds, instrumentalities and property and Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders,
Amendment 3 #
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime and having regard to Commission report COM(2011)176 based on Article 8 of that decision,
Amendment 4 #
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the Council Conclusions on Confiscation and Asset Recovery (7769/3/10),
Amendment 5 #
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No 198),
Amendment 6 #
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
- having regard to the study ‘Assessing the effectiveness of EU Member States’ practices in the identification, tracing, freezing’ (2009), instigated by the Commission,
Amendment 7 #
Motion for a resolution
Citation 7
Citation 7
– having regard to the OCTA reports (European Organised Crime Threat Assessment) drawn up each year by Europol, in particular that of 2011,
Amendment 9 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Joint Report by Europol, Eurojust and Frontex on the state of internal security in the EU (2010),
Amendment 10 #
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the annual reports of the Italian National Antimafia Directorate; having regard to the reports of the Bundeskriminalamt (BKA, German federal police) on the presence of the ‘ndrangheta in Germany, in particular the most recent of these reports entitled ‘Analysis of the activities of the San Luca clan in Germany’,
Amendment 11 #
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
- having regard to the ROCTA (Russian Organised Crime Threat Assessment) report, drawn up by Europol in 2008,
Amendment 12 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the General Report on Europol’s activities (2009),
Amendment 13 #
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- having regard to the EP-commissioned study entitled ‘Improving coordination between the EU bodies competent in the area of police and judicial cooperation: moving toward a European Prosecutor’,,
Amendment 14 #
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
- having regard to Council Framework Decision 2006/960/JHA on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union,
Amendment 15 #
Motion for a resolution
Citation 14
Citation 14
Amendment 16 #
Motion for a resolution
Citation 19
Citation 19
– having regard to the Council Framework Decision 2002/465/GAI of 13 June 2002 on joint investigation teams, and the report from the Commission on national measures taken to comply with the Council Framework Decision of 13 June 2002 on Joint Investigation Teams (COM(2004)0858),
Amendment 18 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA,
Amendment 19 #
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
- having regard to the 40 recommendations of the Financial Action Task Force (FATF) to combat money laundering,
Amendment 20 #
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
- having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as subsequently amended,
Amendment 21 #
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
- having regard to the European Parliament study entitled ‘Financial institutions and Structural Funds implementation in southern Italy’ (2009),
Amendment 22 #
Motion for a resolution
Citation 27 c (new)
Citation 27 c (new)
- having regard to the EU Drugs Strategy (2005-2012) and the EU Action Plan on Drugs (2009-2012),
Amendment 23 #
Motion for a resolution
Citation 27 d (new)
Citation 27 d (new)
- having regard to the World Drug Report 2010 of the United Nations Office on Drugs and Crime (UNODC),
Amendment 24 #
Motion for a resolution
Citation 27 e (new)
Citation 27 e (new)
- having regard to the 2010 annual report of the European Monitoring Centre for Drugs and Drug Addiction on the state of the drugs problem in Europe,
Amendment 25 #
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
- having regard to Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and the Commission recommendation of 13 June 2007 identifying a set of actions for the enforcement of the regulation,
Amendment 26 #
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
- having regard to the ‘Study on extortion racketeering: the need for an instrument to combat activities of organised crime’, carried out by Transcrime in 2008 and financed by the Commission,
Amendment 27 #
Motion for a resolution
Citation 28 c (new)
Citation 28 c (new)
- having regard to the Council resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti- piracy plan and the Council resolution of 23 October 2009 on a reinforced strategy for customs cooperation,
Amendment 28 #
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
- having regard to Written Declaration 2/2010 of the European Parliament on the Union’s efforts in combating corruption,
Amendment 29 #
Motion for a resolution
Citation 30 b (new)
Citation 30 b (new)
- having regard to Communication from the Commission to the European Parliament and the Council of 20 November 2008 – Proceeds of organised crime: ensuring that “crime does not pay” [COM(2008) 766]
Amendment 32 #
Motion for a resolution
Recital 30 a (new)
Recital 30 a (new)
- whereas one of the primary objectives of the European Union to create an area of freedom, security and justice without internal borders, in which crime is prevented and combated (Article 3 of the TFE), and to ensure a high level of security through measures to prevent and combat crime and measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as through the mutual recognition of judgements in criminal matters and, if necessary, through the approximation of criminal laws (Article 67 TFEU),
Amendment 33 #
Motion for a resolution
Recital 30 b (new)
Recital 30 b (new)
- whereas organised crime has a substantial social cost, in that it violates human rights, undermines democratic principles, diverts and wastes financial, human and other resources, distorting the free internal market, contaminating businesses and legitimate economic activities, encouraging corruption and polluting and destroying the environment,
Amendment 34 #
Motion for a resolution
Citation 30 c (new)
Citation 30 c (new)
- whereas the activities of organised criminals can thwart the European Union’s political and financial objectives,
Amendment 35 #
Motion for a resolution
Recital 30 d (new)
Recital 30 d (new)
- whereas alarming evidence that has emerged from the courts and from investigations by police and journalists indicates that, in some Member States, organised crime has infiltrated, and become solidly entrenched in, political circles, the public sector and legitimate economic activities; whereas it is conceivable that similar inroads have also been made, thereby strengthening the position of organised crime, in the rest of the European Union;
Amendment 36 #
Motion for a resolution
Recital 30 e (new)
Recital 30 e (new)
- whereas the purpose and basis of organised crime is to make an economic profit and consequently if action to prevent and combat the problem is to be effective, it must focus on identifying, freezing, seizing and confiscating the proceeds of crime; whereas the legal framework which currently exists at EU level does not appear to be an adequate basis for serious action to tackle the problem and we need legislation which would, for example, allow so-called ‘extended confiscation’ and action targeting assets registered in the name of front persons and organisations; whereas, moreover, the re-use of confiscated assets for social purposes fosters a positive attitude to strategies aimed at tackling organised crime, since confiscating an asset is no longer regarded solely as a means of depriving a criminal organisation of resources but is doubly constructive in that it both helps to prevent organised crime and has the effect of boosting economic and social development,
Amendment 37 #
Motion for a resolution
Citation 30 f (new)
Citation 30 f (new)
- whereas criminal organisations are concentrating their activities on a large number of ever-expanding fields including, for example, international drug trafficking, trafficking in and the exploitation of human beings, financial crime, international arms trafficking, counterfeiting, cybercrime, environmental crime, the diversion of public funds, fraud and extortion, most of which activities are trans-national and pan-European by nature; whereas a large proportion of the proceeds of these criminal activities are laundered,
Amendment 38 #
Motion for a resolution
Recital 30 g (new)
Recital 30 g (new)
- whereas the Member States’ borders are no obstacle to organised crime, with the result that, to all intents and purposes, a European ‘criminal area’ could be said to exist; whereas organised crime exploits, for its criminal ends, the free movement of capital, goods, persons and services throughout the European Union; whereas, on the other hand, borders are still an obstacle to the activities of the investigative and judicial authorities in the various Member States,
Amendment 39 #
Motion for a resolution
Citation 30 h (new)
Citation 30 h (new)
- whereas, although no comprehensive study exists, the mafia-style criminal organisations operating in Europe have an impressively large turnover, particularly in the case of Italian organised crime groups, which, as found by many studies (including the Eurispes study) and confirmed by the joint Eurojust, Europol and Frontex report in 2010, are conservatively estimated to have revenues of at least EUR 135 billion, a figure which is higher than the combined GDP of 6 EU Member States; the foremost example is the ‘ndrangheta, the most deeply entrenched mafia group in the EU countries and in the world, which has an estimated annual turnover of at least EUR 44 billion;
Amendment 40 #
Motion for a resolution
Citation 30 i (new)
Citation 30 i (new)
- whereas, in reply to written question E- 6701/2010, the Commission stated that it was aware of the involvement of mafia- type criminal organisations located in Italy in virtually all types of illegal activities and that, even though their strongholds were in Southern Italy, they had developed ramifications in many, if not all, EU Member States; whereas, moreover, mafia groups of this kind have demonstrated their ability to expand far beyond EU borders (to Australia, US, Canada, and Latin America) and to establish working relations with criminal organisations such as the Chinese, Turkish, Russian and Nigerian mafias, Albanian criminal organisations and Columbian and Mexican drug cartels;
Amendment 41 #
Motion for a resolution
Recital 30 j (new)
Recital 30 j (new)
- whereas, in 2008, the Governor of the Bank of Spain announced that an abnormally large number of EUR 500 banknotes, amounting to EUR 110 million out of a total of EUR 464 million, were in circulation in the eurozone and that, in the 1998-2008 period, of all the members of the three Italian mafia groups arrested abroad while on the run, almost a third (44 out of 149) were caught in Spain; whereas the Duisburg massacre is only the highest-profile indication of the presence of the ‘ndrangheta in Germany and shows that that criminal organisation regards that area as an offshoot of its own territory; whereas, moreover, Duisburg is a crime hub because of its proximity both to the ports of Rotterdam and Antwerp, where the main transport routes for drugs arriving in Europe from West Africa and Latin America terminate, and to Frankfurt, the main European financial centre,
Amendment 42 #
Motion for a resolution
Citation 30 k (new)
Citation 30 k (new)
- whereas action is required to prevent criminal organisations, particularly mafia-type groups, from exploiting the differences between the Member States’ respective criminal systems, taking advantage of those where penalties are less severe, prison conditions are less harsh and investigative procedures are less effective;
Amendment 43 #
Motion for a resolution
Citation 30 l new)
Citation 30 l new)
- whereas the most distinctive feature of mafia-type criminal organisations is their ability to intimidate, which is deeply rooted in the socio-cultural and economic fabric, irrespective of any actual threat or violence; whereas this feature of such organisations enables them to exercise a more pervasive and deeply entrenched influence, oppressing society and enabling the criminal organisation to exert full control over the territory through social interactions and activities which may appear to be legitimate; whereas mafia-type criminal organisations have an extraordinary ability to interact with other powerful interests, including political and economic forces;
Amendment 44 #
Motion for a resolution
Recital 30 m (new)
Recital 30 m (new)
- whereas the history of criminal organisations, particularly mafia-type organisations, shows that at times of economic and social crisis or momentous changes (most recently, globalisation) they are able to reinvent themselves, extend their sphere of operations, and conquer new territory and new markets; whereas, moreover, criminal organisations are continually innovating, both in terms of their methods and the scope of their activities (most recently, cybercrime and the fixing of sporting events);
Amendment 45 #
Motion for a resolution
Recital 30 n (new)
Recital 30 n (new)
- whereas studies, including the 2011 OCTA (EU Organised Crime Threat Assessment) suggest that there is a risk that criminal organisations may cooperate increasingly frequently with terrorist organisations, particularly in connection with international drug trafficking;
Amendment 46 #
Motion for a resolution
Recital 30 o (new)
Recital 30 o (new)
- whereas the threat to the European Union from organised crime goes beyond the borders of the Union and must, therefore, be addressed with due regard to the need for a global and international approach requiring close cooperation with third countries and with international organisations such as, for example, Interpol and the United Nations Office on Drugs and Crime (UNODC);
Amendment 47 #
Motion for a resolution
Recital 30 p (new)
Recital 30 p (new)
- whereas the intense activity of the Russian mafia in the European Union is shown both by the presence of criminal organisations of that kind on Member States’ territory and by the criminal organisations based in Russia which use the EU as the target market for their illegal trafficking and to recycle the proceeds of their criminal activities; whereas the main areas in which they operate in the EU are trafficking in goods, trafficking in human beings for the purpose of commercial sexual exploitation, trafficking in drugs (particularly heroin but, more recently, also cocaine and synthetic drugs) and drug precursors, investment and contamination of legitimate economic activities, high-tech international fraud, VAT-related fraud, crimes against property, extortion and racketeering; whereas the Russian mafias have at their disposal incredible economic and financial power and considerable political influence, with sizeable interests in basic sectors such as the gas industry and the energy sector in general; whereas the greatest cause for concern is the indirect impact of these criminal organisations’ intensive money laundering and investment activities, which distort and sometimes destroy the free market and enable criminal organisations to infiltrate and establish themselves inside legitimate organisations;
Amendment 48 #
Motion for a resolution
Recital 30 q (new)
Recital 30 q (new)
- whereas the findings of police and judicial investigations have demonstrated the extremely dangerous nature of some African criminal organisations, particularly the Nigerian mafia, which is very actively engaged in trafficking in women for prostitution in Nigeria itself and in international drug trafficking and the distribution of heroin and cocaine on local markets; whereas this extremely violent mafia-type group is present in several Member States;
Amendment 49 #
Motion for a resolution
Recital 30 r (new)
Recital 30 r (new)
- whereas West Africa plays a crucial role in trafficking in cannabis (of which Morocco is the main producer) and cocaine from Latin America; whereas this region of Africa is also a hub for trafficking in human beings for the European market for the purpose of sexual exploitation or the exploitation of cheap, illegal labour; whereas, moreover, a range of criminal organisations are involved in the trafficking operations which pass through, or originate in, West Africa, including in particular Russian criminal organisations (trafficking in cocaine for the EU), Chinese criminal organisations (trafficking in drug precursors) and Turkish criminal organisations (trafficking in contraband tobacco and heroin);
Amendment 50 #
Motion for a resolution
Recital 30 s (new)
Recital 30 s (new)
- whereas the growing presence in various Member States of Asian criminal organisations engaged in a range of activities including trafficking in, and the commercial exploitation of, human beings, fraud, trafficking in drugs (particularly synthetic drug precursors and synthetic marijuana), money laundering, the production of, and trafficking in, counterfeit goods, fraud in connection with betting on sporting events; whereas these organisations primarily operate within their own ethnic communities, which makes it more difficult for the competent authorities to investigate their activities due to language and cultural barriers and the closed nature of some such communities;
Amendment 51 #
Motion for a resolution
Recital 30 t (new)
Recital 30 t (new)
- whereas, even though there is general consensus at European and national level on the need for political action to tackle organised crime, and mafia-type organisations in particular, an ongoing European political debate should be started with a view to ensuring greater awareness and better analysis of this complex phenomenon and the forms it is taking, in order to provide the public with the best means of tackling it in time;
Amendment 52 #
Motion for a resolution
Recital 30 u (new)
Recital 30 u (new)
- whereas, on 8 and 9 November 2010, the Council of the European Union adopted its ‘Conclusions on the creation and implementation of a EU policy cycle for organised and serious international crime’ endorsing ‘a multi-annual policy cycle with regard to serious international and organised crime in order to tackle the most important criminal threats in a coherent and methodical manner through optimum cooperation between the relevant services of the Member States, EU institutions and EU agencies as well as relevant third countries and organisations’; whereas the policy cycle consists of the following four steps: policy development on the basis of a threat assessment, policy-setting and decision- making through the identification of a limited number of priorities, implementation and monitoring of annual operational action plans, and a thorough evaluation to serve as input for the next policy cycle; whereas COSI, the Member States, the Commission and the European agencies are instructed to implement a cycle, with precise time frames set for each action; whereas the current policy cycle covers the 2011-2013 period, and the next policy cycle will cover a four-year period;
Amendment 53 #
Motion for a resolution
Recital 30 v (new)
Recital 30 v (new)
- whereas, despite the difficulties involved in encapsulating such a complex problem at international level, establishing a common and more accurate definition of organised crime is both an important means of signalling the political will to tackle the problem and an essential prerequisite to enable the European Union to take action in this area (for example, combating organised crime falls within the remit of Eurojust and Europol); whereas a more restricted and specific definition of organised crime would make it possible to identify more accurately the precise nature of the threats from organised crime, thus enabling the EU’s activities to be more focussed and justifying the need for tougher action in terms of penalties, more effective investigative methods and greater judicial cooperation; whereas, unless the definition of organised crime at European level is tightened up, limited resources and means will be used to tackle a whole range of activities whose impact is not always equally serious;
Amendment 54 #
Motion for a resolution
Citation 30 w (new)
Citation 30 w (new)
– whereas, as shown by various scientific studies and the declarations by the Commission and many Member States annexed to Council Framework Decision 2008/841/JHA, the current definition of organised crime at EU level set out in the decision is too broad and flexible, which can lead to substantial differences between Member States in the way the rules are implemented; whereas the current rules provide for a quantitative approach whereby, for the offence of membership of a criminal organisation to be deemed to exist, the supposed offence must punishable by a custodial sentence of at least four years; whereas that approach creates a situation in which there are wide variations between the various countries’ sentencing and criminal systems as regards the offence of membership of a criminal organisation, which undermines one of the principle requirements for action to combat organised crime, namely that these offences are dealt with identically in all the different Member States, particularly in the case of organised crime operating at transnational level;
Amendment 55 #
Motion for a resolution
Citation 30 x (new)
Citation 30 x (new)
– whereas one of the greatest difficulties in connection with investigations aimed at tackling transnational organised crime is the lack, in many Member States, of legislation on the use of basic instruments such as environmental interception, delayed seizure, delayed arrest, searches conducted at night, controlled delivery, supervised delivery and undercover operations; whereas, moreover, Article 87(2)(c) of the TFEU states that the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures concerning common investigative techniques in relation to the detection of serious forms of organised crime;
Amendment 56 #
Motion for a resolution
Citation 30 y (new)
Citation 30 y (new)
– whereas the question of the remit and modus operandi of Eurojust and Europol is of crucial importance in relation to improving the effectiveness of action to tackle transnational organised crime and strengthening police and judicial cooperation at EU level; whereas the process of defining, at institutional level, the respective tasks of Eurojust, Europol and OLAF should also be geared to enhancing the level of cooperation and collaboration between them;
Amendment 57 #
Motion for a resolution
Citation 30 z (new)
Citation 30 z (new)
– whereas it is vitally important to develop constructive relations and synergies between Europol and Eurojust and the national authorities in order to ensure effective joint action to tackle organised crime and create the climate of trust which is an essential prerequisite for the exchange of information and full cooperation;
Amendment 58 #
Motion for a resolution
Citation 30 z (new)
Citation 30 z (new)
- mutual trust and direct contacts are essential ways of improving the philosophy of cooperation that should apply among the Member States’ judicial authorities and police forces,
Amendment 59 #
Motion for a resolution
Citation 30 a a (new)
Citation 30 a a (new)
- whereas to improve coordination of investigations and criminal prosecutions, priority should be given to full, correct, and prompt implementation of Framework Decision 2009/426/JHA on the strengthening of Eurojust; whereas the TFEU calls for Eurojust’s tasks to be developed further, exceeding their present scope (Article 85), and for a European Public Prosecutor’s Office to be set up to combat serious crime having a cross- border dimension (Article 86); whereas Articles 85 and 86 also imply that, in addition to strengthening Eurojust, its work must be assessed in the proper manner by the European Parliament and the national parliaments,
Amendment 60 #
Motion for a resolution
Citation 30 a b (new)
Citation 30 a b (new)
- whereas Europol’s prime aim is to support and strengthen both action by the Member States’ proper authorities and cooperation among those authorities in preventing and combating organised crime,
Amendment 61 #
Motion for a resolution
Citation 30 undefined (new)
Citation 30 undefined (new)
- whereas, as stated in Article 82(1) of the TFEU, judicial cooperation in criminal matters in the EU must be based on the principle of mutual recognition of judgments and judicial decisions,
Amendment 62 #
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
- whereas, as Eurojust noted in its 2009 annual report, the practical obstacles to judicial cooperation, as well as in the difficulties stemming from poor translations or uninformative requests for mutual judicial assistance and in the failure to acknowledge receipt of letters rogatory, lie first and foremost in the dearth of resources at national level, making it impossible to respond to requests in time, and in the fact that requests from other Member States are considered less important than national proceedings; whereas, in addition, Eurojust notes that the main legal obstacles to judicial cooperation lie in the differences among Member States in terms of criminal procedure and draws attention in particular to the differences as regards interception (wire-tapping and bugging), the questioning of witnesses, witness protection, and requirements relating to evidence, This recital must be placed after Alfano Amendment 53)
Amendment 63 #
Motion for a resolution
Citation 30 b (new)
Citation 30 b (new)
- whereas Framework Decision 2002/584/JHA on the European arrest warrant has been implemented by Member States only after a considerable delay and, in many cases, under implementing provisions contrary to the spirit of the decision, for instance as regards the use of grounds for mandatory or optional non-execution by an executing state,
Amendment 64 #
Motion for a resolution
Citation 30 c (new)
Citation 30 c (new)
- whereas, despite its limitations, the European arrest warrant is the first real manner of giving effect to the principle of mutual recognition by EU Member States of decisions in criminal matters and whereas the facts show beyond dispute that it has been widely used and produced good results, albeit with room for improvement; whereas, furthermore, the European arrest warrant procedure is based on a high degree of trust between Member States and on the principle underlying judicial cooperation, namely mutual recognition of judicial decisions in criminal matters,
Amendment 65 #
Motion for a resolution
Citation 30 d (new)
Citation 30 d (new)
- whereas one ground-breaking experiment which has proved successful is the Nordic arrest warrant, which differs from the European arrest warrant to the extent that it applies to all offences punishable by imprisonment, does away completely with the double criminality requirement, and provides for fewer grounds for mandatory non-execution and shorter time-frames for execution,
Amendment 66 #
Motion for a resolution
Citation 30 e (new)
Citation 30 e (new)
- whereas the 2005-2010 Hague Programme repeatedly stressed the importance of joint investigation teams and whereas Member States should be encouraged to use this tool to fight organised crime; whereas joint investigation teams are still underused and whereas some Member States have not yet transposed or implemented the rules set out in the 2000 Convention and the framework decision; whereas the teams have nevertheless demonstrated their usefulness and potential in combating transnational organised crime; whereas there are, however, operational difficulties regarding the wider use of joint investigation teams, including for example the admissibility of evidence from one court to another, the high costs, and the drafting of detailed agreements to set teams up,
Amendment 67 #
Motion for a resolution
Citation 30 f (new)
Citation 30 f (new)
- whereas unceasing work is needed to make organised crime statistics more useful, accurate, and suitable for international comparison; whereas a uniform approach should be laid down for the collection and use of data on organised crime and related phenomena with a view to carrying out a pragmatic strategic analysis leading to the adoption of control measures serving to combat and prevent organised crime more effectively; whereas, finally, to carry out targeted investigations and plan society’s response to organised crime, it is necessary to have an understanding, based on operational data (for example on suspect individuals and identified cases) and empirical data (qualitative and quantitative criminological data), of the profile, motivations, modus operandi, scale, and trends of organised crime, its impact on civil society, and the effectiveness of the response,
Amendment 68 #
Motion for a resolution
Citation 30 g (new)
Citation 30 g (new)
- whereas corruption is the standard means by which organised criminals employ blackmail or dispense rewards in order to divert public resources and worm their way into local politics, government, and the private sector,
Amendment 69 #
Motion for a resolution
Citation 30 h (new)
Citation 30 h (new)
- whereas Community funding and, more generally, public money can be used by organised criminals to control the legal economy and distort democratic rules, as well as for money laundering purposes; whereas, as was stated in the Amsterdam action plan as long ago as 1997, the EU strategy should seek to prevent organised criminals from penetrating the public sector and the law-abiding private sector; whereas, in accordance with Article 45 of Directive 2004/18/EC, candidates or tenderers may not take part in public contracts if they have been the subject of a conviction by final judgment on account of participation in a criminal organisation, corruption, fraud, laundering of the proceeds of illicit activities, or similar offences,
Amendment 70 #
Motion for a resolution
Citation 30 i (new)
Citation 30 i (new)
- whereas money laundering is one of the most insidious channels enabling legitimate activities to be contaminated by illicit activities and an indispensable transition process, without which the purchasing power acquired through crime would remain merely potential, usable within illegal circles but incapable of translating into real economic power; whereas cooperation and international collaboration are essential in order to tackle money laundering effectively,
Amendment 71 #
Motion for a resolution
Citation 30 j (new)
Citation 30 j (new)
- whereas on 5 April 2010 the International Monetary Fund published two reports, an official document entitled ‘Recent Experiences in Managing Capital Inflows – Cross-Cutting Themes and Possible Policy Framework’ and a staff discussion paper entitled ‘Managing Capital Inflows: What Tools to Use’, in which, after more than two decades of capital market liberalisation, it suggests when countries should control international capital movements and what types of control should be applied, depending on the particular circumstances,
Amendment 72 #
Motion for a resolution
Citation 30 k (new)
Citation 30 k (new)
- whereas on 14 July 2009 the European Investment Bank, responding to the anxieties expressed by some European governments and various civil society organisations, adopted a revised and expanded policy on offshore financial centres and updated that policy – with a new name referring to non-cooperative jurisdictions – on 15 December 2010, in line with recent international developments; whereas although it is one of the few international financial institutions to have a specific policy, the European Investment Bank is today still a prominent financial backer of private actors registered in jurisdictions frequently criticised for their lack of transparency in fiscal matters and for the excessively favourable taxation conditions that they offer to foreign investors, adversely affecting the economies of other countries,
Amendment 73 #
Motion for a resolution
Citation 30 l (new)
Citation 30 l (new)
- whereas international drug trafficking is the main source of profit for organised criminals and mafias, providing the basis for them to establish themselves economically and socially; whereas the EU is both one of the largest markets for drug trafficking (heroin, cocaine, and cannabis) and a producer (more often than not of synthetic drugs); whereas the trafficking also extends to many clearly identifiable non-European production and transit countries, especially in Latin America, West Africa, and Asia,
Amendment 74 #
Motion for a resolution
Citation 30 l (new)
Citation 30 l (new)
- whereas extortion racketeering and usury are two ways in which organised criminals infiltrate the legal economy, severely distorting any form of free market and curtailing the rights of citizens, entrepreneurs, workers, and professionals; whereas, as was shown by the 2008 Commission-funded Transcrime study entitled ‘Study on Extortion Racketeering: the Need for an Instrument to Combat Activities of Organised Crime’, this phenomenon is assuming alarming proportions in at least half of the EU Member States and exists on a significant scale in the other half; whereas the spread of extortion racketeering stands in a direct relationship to the extent of the control of a country and its economic/business and political activities exercised by organised criminals; whereas the first essential steps to take to combat extortion racketeering effectively are to encourage victims to report offences and to ensure that official authorities maintain a strong presence,
Amendment 75 #
Motion for a resolution
Citation 30 m (new)
Citation 30 m (new)
- whereas counterfeiting of goods is one of the main sources of profit for organised criminals, undermining the protection of intellectual property rights, fair competition among firms, environmental protection, the protection of workers’ rights, and consumer protection,
Amendment 76 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures to curb organised crime proposed in the Stockholm Programme, in the relevant action plan and in the internal security strategy; applauds the work of the Hungarian Council Presidency in this area and hopes that under the new trio Presidency, starting with the Polish Presidency, combating organised crime will be included among the political priorities and tangible results achieved;
Amendment 80 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that organised crime is one of the key threats to the internal security of the EU and the freedom of its citizens; considers that it should be treated separately from terrorism and calls for a specific, horizontal EU strategy on the issue, including legislative and operational measures, the allocation of funds and a strict implementation timetable; endorses the Council conclusions of 8-9 November 2010, but considers it unacceptable that the EU policy cycle for organised crime should be drawn up and implemented without the involvement of the European Parliament; calls on the Council, therefore, to revise the decision without delay and make provision for Parliament’s participation and involvement explicitly for the purposes of determining priorities, discussing the strategic objectives, and monitoring and periodic assessment of the outcome ensuing from implementation of the annual operational plans and the multi- annual strategic plan;
Amendment 84 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to clarify their political will to combat organised crime, first and foremost by strengthening their judicial authorities and police forces based on the best current experience and by assigning adequate human and financial resources for that purpose; calls on the Member States to resolutely pursue a proactive approach to investigation, draw up national plans to combat organised crime, and provide for central coordination of activities by appropriate specific machinery, taking their cue from the most successful experiences that have already occurred in some Member States; calls for the action plans to be encompassed within a common European framework and put forward for common consideration at meetings to be held at least annually and attended not only by the authorities of the Member States, but also by European institutions and agencies;
Amendment 101 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that to counter transnational organised crime requires an effort on the part of the Member States and calls on them to approximate their legislation, especially with reference to the development of common, standard procedures and types of criminal offence, taking as a model the legal systems that are the most highly developed in terms of countering organised crime; deeply regrets that, despite their declarations of intent, the Member States as a whole have failed to show the sensitivity and political will needed to tackle cross-border organised crime, as shown for example by their regular failure to meet the deadlines set for the transposition of the various framework decisions and the fact that national implementing provisions often do not fully respect the spirit of the European agreements, leading to haphazard implementation inconsistent with the creation of a European area of freedom, security and justice; calls therefore on the Member States to ensure that they fully commit themselves to the timely transposition of European provisions and to emulate the efficient and timely procedures for full transposition already followed by some Member States;
Amendment 106 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is dissatisfied with the extremely limited impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significant improvement to national laws or to operational cooperation to counter organised crime; stresses, therefore, the need to review and strengthen the legislative framework and calls on the Commission to submit, by the end of 20123, a proposal for a directive which contains a less general definition of organised crime and manages better to identify the key features of the phenomenon, focusing in particular on the key concept of organisation; requests that, as regards the offence of membership of a criminal organisation, whilst showing due respect for different legislative systems, the abolition of the current dual approach (which criminalises both membership and conspiracy) be proposed and a range of habitual offencesoffences typically committed by organised crime be identified, which, regardless of the maximum sentence permitted in the legal system of the Member States, could be deemed to constitute such a criminal offence; calls also for more rigorous scrutiny to be given to the questions of criminalising all forms of support for criminal organisations and imposing harsher penalties for any offence which objectively abets a criminal organisation;
Amendment 110 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission, the Council and the Member States to focus their dissuasive action on attacking criminal assets, including those that are indirectly linked to criminal organisations and their affiliates, which are often hidden behind a network of front men and supporters; stresses that efforts to combat organised crime must take full account of the role of so-called ‘white collar’ criminals, that is professionals who are able to launder and transfer the proceeds of organised crime to the legal economy as well as that of politicians and public officials who collude or connive in organised crime;
Amendment 113 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to submit, as soon as possible, an organic proposal for a directive on the confiscation of assets and the proceeds of crime, accepting and supportprocedure for the seizure and confiscation of the proceeds of crime, as provided for in its 2011 Work Programme and therefore calls on the Commission to: – include in its proposal rules on the effective use of instruments such as extended and non-conviction-based confiscation; – include in its proposal the guidelines laid down in the action plan to combat organised crime adopted by the European Council of 16/17 April 1997 and confirmed in ‘The Prevention and Control of Organised Crime: A European Union Strategy for the Beginning of the urgent need for European legislation on the re-use of crime proceeds for social purposes, so that the capital of criminNew Millennium’ (2000/C124/01) concerning the possibility of the mitigation of the burden of proof after the conviction of an offender for a serious offence (including offences related to organised crime) concerning the origin of assets held by the offender; such mitigation would require the sentenced person to prove that he or she has acquired the assets in question in a legal manner and, if this is not done to the satisfaction of the court, the assets can be held to be the illegal proceeds of crime and confiscated; points out, moreover, that this European guideline is reaffirmed in the Council Framework Decision 2005/212/JHA of 24 February 2005, in particular in recital 5 thereof; – include in its proposal Recommendation No 19 of the abovementioned strategy of 2000, which calls for the possibility of establishing instruments in national legal systems which, under criminal, civil or fiscal law, as appropriate, mitigate the burden of proof regarding the origin of assets held by a person convicted of an offence related to organised crime; – include in its proposal forgan a directive rules allowing for the seizure and subsequent confiscations or their associates can be re-injected into legal, clean, transparent and virtuous economic circuits; of assets assigned to third parties; also calls for the actions of the front man in such cases to be treated as a criminal offence, since their aim is to sidestep the enforcement of asset protection measures or facilitate the commission of the offences of receiving, laundering and using money obtained illegally; – to stipulate in its legislative proposals that the concept of the proceeds of crime set forth in the United Nations Convention of Palermo and included in Framework Decision 2008/841/EC extends beyond the notion of profit; calls on the Member States with immediate effect to incorporate this concept into their laws so as to ensure that any revenue directly or indirectly connected with the commission of offences related to organised crime may be subject to seizure and confiscation;
Amendment 119 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to support and endorse the urgent need for European legislation on the re-use of crime proceeds for social purposes, so that the capital of criminal organisations or their associates can be re-injected into legal, clean, transparent and virtuous economic circuits;
Amendment 120 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that Asset Recovery Offices are a vital tool in combating organised crime and supports the Commission’s appeal to the Member States to set up offices of this kind and provide them with the necessary resources and expertise by 2014 at the latest; commends the work done by the informal network of Asset Recovery Offices, particularly as regards the improvement in information exchange and the sharing of best practice on the identification of criminal assets; endorses and takes note of the Commission’s analysis of the main difficulties encountered by existing Asset Recovery Offices, in particular the question of limited human resources and the need for proper training, the fact that most of these offices are unable to access the functional databases directly or indirectly so as to perform their work more effectively, and the absence of a secure system for transmitting information; commends the pilot project undertaken by Europol at the request of the Commission, which should enable Asset Recovery Offices to use the SIENA data transmission system; calls on the Commission to include in the proposal for a directive on confiscation new measures to strengthen the role and competences of Asset Recovery Offices and give them more flexible and uniform access to information; considers that the setting up by the 27 Member States of databanks on current bank accounts should be a priority, drawing on existing best practice and calls on the Commission to provide encouragement and guidance for the establishment of these databases and to support the pooling and exchange of information between Member States via the Asset Recovery Offices, agreeing on and laying down the most appropriate procedures for ensuring efficient investigation and protection of personal data;
Amendment 121 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to draw up a study by the end of 2013 on the investigative practices employed in the Member States to combat organised crime, with particular reference to the use of tools such as telephone interception, environmental interception, search procedures, delayed arrest, delayed seizure, undercover operations, controlled and supervised delivery operations; in line with the Stockholm Programme, supports the need to establish a global system for the collection of evidence in cases with a cross border dimension, based on the principle of mutual recognition; therefore supports the adoption of a directive on the European Investigation Order in criminal matters so as to provide the European Union with a clear, simple and effective legislative framework; calls also on the Commission to submit a proposal for a directive by the end of 2014 on common investigative techniques to combat organised crime, pursuant to Article 87(2)(c) of the Treaty on the Functioning of the European Union;
Amendment 122 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of providing appropriate protection for the victims of organised crime, witnesses, informers, whistleblowers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and, informers and whistleblowers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses;
Amendment 135 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to draw up a proposal for a directive to make the offence of Mafia-style criminal association a punishable crime in all Member States, in order to be able to punish participation in criminal organisations which profit from their very existence, through their ability to intimidate – even without any specific acts of violence or threats – with the aim of committing crimes, securing the management or control, either directly or indirectly, of businesses, concessions, authorisations, contracts and public services, or of making, for themselves or others, unfair profits or gaining unjust advantages, or of preventing or impeding the free exercise of voting rights or securing votes for themselves or others in elections;
Amendment 144 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Intends to set up, within three months of the adoption of this resolution, a special committee on the dissemination of Mafia- style criminal organisations, both from Italy and elsewhere, which operate across borders; one of its aims will be to investigate the extent of the phenomenon and the negative social and economic impact it has throughout the EU, including the issue of the appropriation and misappropriation of public funds by Mafia- style criminal organisations and their infiltration into politics and general government, as well as the contamination of the legal economy and financial system; another aim will be to identify a range of legislative measures in order to address this tangible and acknowledged threat to the EU and its citizens; calls, therefore, on the Conference of Presidents to put forward a proposal under Rule 184 of the Rules of Procedure;
Amendment 147 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission, in cooperation with Europol, to conduct a study by June 2013 to assess the negative impact of transnational organised crime in the European Union, primarily referring to Mafia-style organised crime and its links with, taking due account of its links and relations with other criminal organisations, including those from countries outside Europe;
Amendment 149 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Endorses the assessment made by Europol in its 2011 OCTA but regrets that the priorities suggested to the Council make no reference to Mafias, which, because of their consolidated position in the Member States, their socio-economic impact, their ability to generate synergies with other criminal organisations within and outside Europe and their tendency to infiltrate the legal economy, the financial sector, general government and politics, represent one of the main threats to the EU’s internal security; calls on Europol to examine the Mafia threat at European level more carefully in future reports and to draw up an OCTA on the subject of Mafias in the EU by 2012;
Amendment 150 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Member States to transpose and implement immediately Council Decision 2009/426/JHA on the strengthening of Eurojust and to comply with all its recommendations, particularly those concerning the functions and powers assigned to national members and to the College, the follow-up to Eurojust requests and opinions, the Eurojust national coordination system and the exchanges of information with the Member States and between national members; calls on the Member States to give a firm commitment that their Eurojust national member will be informed without delay in the case of crimes involving at least two Member States and in which there are clear indications that a criminal organisation is involved;
Amendment 158 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its firm support for the implementation of Article 86 of the Treaty on the Functioning of the European Union concerning the establishment of a European Public Prosecutor’s Office and calls on the Commission to arrange, as soon as possible, an impact assessment on the added value of this institution, considering as being within its scope both the protection of the EU’s financial interests and the combating of cross-border organised crime, as provided for under Article 86(4) of the Treaty on the Functioning of the European Union; reiterates its request that the Commission immediately launch debates and consultations with the parties concerned, including civil society, on the establishment of the European Public Prosecutor’s Office and make at the earliest opportunity all the necessary arrangements to set up the appropriate institutional infrastructure, giving Eurojust full powers and consolidating, clarifying and simplifying its relations with key players such as the European Judicial Network, OLAF and Europol and with individual national judicial and administrative institutions, between which and Eurojust two-way communication needs to be stepped up and improved; calls on Europol and Eurojust to continue their efforts to raise awareness of their roles among national authorities, involving the liaison offices and drawing on the best experience in this area;
Amendment 161 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages Eurojust and Europol to ensure that magistrates and police from the various Member States – particularly those engaged in combating organised crime – have as many opportunities as possible to meet, get to know each other, talk and compare views;
Amendment 162 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Endorses the five-year strategy for the development of Europol outlined in the 2009 report entitled ‘Europol Review’, which seeks to ensure that the agency serves as the principal EU support centre for law enforcement operations, becomes the criminal information hub of the European Union and develops further as a centre for building expertise and pooling best practice for Member State police authorities; calls on Europol to step up meetings and relations with the European Parliament in order jointly to review progress with this strategy and any problems at periodic intervals; calls on the Commission to submit, by the end of 2011, the communication on the procedures for the scrutiny of Europol’s activities by the European Parliament, together with national parliaments, which is provided for in the Action Plan;
Amendment 168 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises that despite the protocols and bilateral agreements between Europol, Eurojust and OLAF there is still significant room for improvement as far as cooperation between these institutions is concerned; calls, therefore, on Europol, Eurojust and OLAF to make tangible, joint efforts both to assess and constantly update the cooperation agreements and to implement them, notably with reference to exchanges of case summaries, information relating to cases and strategic information and data; considers that, for cooperation between the two agencies and OLAF to be fully effective, a clear breakdown of responsibilities needs to be established with a view to avoiding any duplication of effort;
Amendment 169 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on Europol to collaborate and integrate ever more closely with Interpol with a view to combating criminal organisations at international level, with particular reference to the issue of information sharing; calls on Europol to press ahead with its external cooperation activities, establishing closer links and concluding strategic and operational agreements with the competent authorities of third countries; in recognition of the fundamental importance of enhancing judicial cooperation and increasing and improving the coordination of transnational investigations, calls on the European institutions to bring their political influence to bear at international level to launch a review of the possibilities of exchanging some of the experience acquired by the EU, including by Eurojust, at international level also and, possibly, making available the know-how acquired to date at EU level;
Amendment 172 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises that judicial cooperation is one of the pillars for combating transnational organised crime and for establishing a common area of security and justice, and calls on the Member States to honour their commitments and immediately to incorporate into their legislation all the judicial cooperation instruments that already exist at EU level, in particular the 2000 Convention on Mutual Assistance in Criminal Matters and its implementing protocol and the Framework Decision on joint investigation teams;
Amendment 175 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to submit at the earliest opportunity a proposal for a directive on the European arrest warrant that will remove the leeway currently afforded to Member States in the transposition of, in particular, Article 2 (scope), Article 3 (grounds for mandatory non-execution), Article 4 (grounds for optional non-execution) and Article 5 (guarantees to be given by the issuing Member State in particular cases), which have hitherto given rise to the greatest disparities, and at the same time to propose the inclusion of a clause providing for the possibility of refusal in the event of a breach of fundamental rights; calls on the Commission to consider whether the grounds for optional non-execution of the European arrest warrant referred to in Article 4 of the Directive should be made more restrictive in respect of offences generally associated with organised crime, including the offence of mafia association; calls on the Commission to draw on the experience gained with the Nordic Arrest Warrant;
Amendment 176 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Acknowledges the central role played by Eurojust in steadily increasing the effectiveness of the European arrest warrant and in supporting and assisting Member States in settling the most complex cases, and supports and encourages it in its efforts in this area; calls on Member States to comply with the framework decision on the European arrest warrant and to inform Eurojust, in accordance with Article 17(7) of that decision, of any failure to observe the time limits for execution of the warrant, so as to enable the agency to record and analyse the reasons for delays in execution;
Amendment 177 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on the judicial authorities of the Member States to make every effort to ensure that the European arrest warrants they issue are forwarded to Interpol, so as to enable that agency to use its red alert notice system to provide the police authorities belonging to the Interpol network around the world with information on the warrants that have been issued;
Amendment 178 #
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Acknowledges the fundamental role played by joint investigation teams in combating cross-border organised crime and voices its concern at the fact that, owing to inadequate transposition of the relevant framework decision and to foot dragging on the part of some national judicial authorities, this investigative instrument is not being used to best effect; calls for better and more frequent use to be made of joint investigation teams and undercover operations, as provided for in the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters and Framework Decision 2002/465/JHA; calls on Eurojust and the European Judicial Network actively to disseminate information on the opportunities afforded by the framework decision on joint investigation teams and the provisions of the 2000 Convention on Mutual Assistance in Criminal Matters;
Amendment 179 #
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Acknowledges the important role played by Eurojust in relation to joint investigation teams and welcomes the commencement of Eurojust’s funding project for those teams; calls on the Commission to support this approach with appropriate funding; calls for the role of the informal network of experts on joint investigation teams to be stepped up with a view to helping the Member States to understand the reasons behind the underuse of those teams, exchange information on their establishment, pool best practices and establish links with other experts and other organisations;
Amendment 180 #
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Points to the significance of the fact that the results achieved by joint investigation teams can be assessed at European level (e.g. on the basis of the value of items confiscated) and at national level (e.g. on the basis of the effectiveness of individual team members), and calls on the Commission to address this issue in cooperation with Eurojust and Europol;
Amendment 181 #
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18g. Considers it essential to continue and step up the efforts being made by the EU and the international institutions in the Balkans, particularly in connection with action to combat organised crime; stresses the need for full and free interaction and information exchange between the national authorities of the countries in the Balkans region and international bodies involved in combating organised crime (Council of Europe, UNODC, EULEX Kosovo, etc.);
Amendment 182 #
Motion for a resolution
Paragraph 18 h (new)
Paragraph 18 h (new)
18h. Calls on the Commission to continue to hone the effectiveness of and regularly update agreements on judicial and investigative cooperation with non-EU countries aimed at combating cross- border organised crime; calls, furthermore, for due account to be taken when drafting such agreements of the specific threats that organised crime in the individual countries poses to the EU’s internal and external security; calls on Europol to produce more frequent and more detailed analyses of non-European criminal organisations whose activities have a direct or indirect impact on the European Union;
Amendment 183 #
Motion for a resolution
Paragraph 18 i (new)
Paragraph 18 i (new)
18i. Calls on the Commission, in collaboration with Europol, to develop a joint project with Interpol to support the establishment and implementation of a regional system for the exchange of police and judicial information with West Africa, while making available to the Economic Community of West African States the necessary know-how and resources, not least in the field of training and follow-up;
Amendment 184 #
Motion for a resolution
Paragraph 18 j (new)
Paragraph 18 j (new)
18j. Recalling Recommendation No 37 of the European Union Strategy for the New Millennium on the prevention and control of organised crime (OJ C 124/2000, p. 1), urges the European Union to bring all its political weight to bear so as to lead a global campaign to combat organised crime through those bodies in which all the Member States are represented, such as the Council of Europe, the Organisation for Economic Cooperation and Development, the Financial Action Task Force, Interpol and the United Nations;
Amendment 194 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises the vital importance of public sector transparency in the fight against organised crime and calls on the Commission to take action to lay down the necessary rules and ensure that the allocation and use of EU funds is fully traceable and monitored both by the competent institutions and the citizens and press; calls for this information to be promptly made available on the internetan appropriate internet site in a format which is machine-readable, comparable and open-data, and in at least one of the EU's working languages, to ensure that such information is easily accessible and can be re-used and processed by civil society; calls on the Member States to adopt similar measures to make all transactions using public funds transparent, with particular reference to local authorities, which are more liable to infiltration by organised crime;
Amendment 200 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls, with a view to adopting ever more effective strategies for preventing and combating organised crime, on the competent EU institutions (including agencies) and the Member States to make joint efforts to improve the collection and sharing of statistics on organised crime, with special reference to transnational and cross-border crime; awaits, in this connection, the submission in 2011 of the New Action Plan on development of statistics on crime and criminal justice 2011-2015, and calls on the Commission to take due account of the specific requirements arising in connection with combating organised crime and mafia- style crime;
Amendment 201 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls, with reference to Recommendation 27 of the European Union strategy for the beginning of the new millennium on the prevention and control of organised crime (2000/C 124/01), for all European and international instruments (framework decisions, convention, agreements, directives) relating directly or indirectly to action to combat organised crime to be ratified within the given timetable; points out that, if the timetable is not kept to for a given instrument, the Member State concerned must report in writing to the Commission, the Council and Parliament on the reasons therefor, every six months until it is ratified;
Amendment 202 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Warmly welcomes the adoption of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, in particular in view of the fact that Article 4 thereof doubles the maximum penalty for offences concerning trafficking in human beings that are committed within the framework of a criminal organisation; calls on the Member States to endeavour thoroughly to transpose that instrument into their national law at the earliest opportunity; calls on the Member States and national rapporteurs, when assessing trends in trafficking in human beings in accordance with Article 19 of Directive 2011/36/EU, to make a separate analysis of the role of organised crime in trafficking in and exploitation of human beings, so as to provide the European anti-trafficking coordinator with the information required in order to assess trends in such trafficking carried out by criminal organisations, with a view to gaining a better understanding of such activities and combating them more effectively;
Amendment 208 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is convinced of the intrinsic link between organised crime and corruption and emphatically reiterates the request it expressed when adopting Written Declaration 02/10, both with reference to the creation of a mechanism to assess and monitor the policies of the 27 Member States in combating corruption and with regard to the framing of a comprehensive anti-corruption policy by the EU institutions; stresses the need for a proactive approach to combating corruption and calls on the Commission to place emphasis on measures to counter political corruption, that of the civil service, the courts, the police and customs officers, in addition to private sector corruption; considers it, moreover, a priority to develop effective measures to combat corruption in the neighbourhood policy, in the area of pre-accession and in the use of development aid funds, in particular by the European Investment Bank and the new bodies being set up under the auspices of the European External Action Service;
Amendment 214 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Undertakes to lay down rules to ensure that those who have been convicted of membership of criminal organisations or who have committed offences relating to such organisationsof offences typically committed in connection with such organisations (such as traffic in human beings, international drug trafficking, money laundering, fraud and extortion), including aiding and abetting, or of corruption offences, will be unable to stand for election to the European Parliament; calls on European political groups to draw up binding internal codes of ethics to prevent those who have been convicted, even if not definitively, of such offences from standing for election; calls on the Member States to lay down similar rules for national and local elections and on the national parties to draw up binding codes of conduct to prevent those who have been convicted, even if not definitively, of the above-mentioned offences from standing for election; undertakes to suspend or exclude MEPs who are convicted during the current parliamentary term;
Amendment 219 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
Amendment 224 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the European institutions to send out a clear message at EU level and to assert their political influence internationally with a view to curbing all forms of money laundering through the use of the financial markets, in particular by: drawing up better capital control rulesenvisaging possible capital control measures, as recently suggested by the International Monetary Fund itself; encouraging a reduction of the pervasiveness of the financial markets (usingin the context of short-term operations through the use of tools such as the taxation of investment income and the introduction of a tax on international financial transactions); imposing increased transparency on the use of public funds, first and foremost on those to support private sector development, and carrying out a serious and effective offensive against tax havens by imposing country- by-country financial reporting on all multinational economic operators; promoting a multilateral agreement on the exchange of tax-related information whilst revising the definition of ‘tax haven’ and the list of these secret jurisdictions;
Amendment 226 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the European Investment Bank and all the European development financial institutions of the Member States to improve their policies on offshore financial centres and uncooperative jurisdictions, in particular by adopting a list of jurisdictions that should be monitored more stringently by reference to the OECD’s blacklist and greylist and by carrying out specific ‘due diligence’ of every country as necessary, while prohibiting any form of support for financial intermediaries in jurisdictions which are regarded as high-risk, as is currently the case for Panama, and requiring the relocation of registered companies resident in uncooperative jurisdictions and offshore financial centres as an essential prerequisite for financial support for specific activities; calls on the European institutions and the Member States to actively commit to ensuring the correct implementation of all 40 recommendations of the Financial Action Task Force through the adoption of specific policies for each institution including enhanced due diligence, particularly in politically sensitive cases;
Amendment 227 #
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission, with reference to Recommendation No 17 of the European Union Strategy for the Beginning of the New Millennium on the Prevention and Control of Organised Crime (2000/C 124/01) and with a view to its legislative proposal to update the Money Laundering Directive, to generalise as far as possible the criminalisation of laundering of the proceeds of crime and to establish a legal basis for the widest possible range of investigative powers in this area; calls, in this connection, for all the Member States to be required to criminalise ‘self- laundering’, or the laundering of illicit funds by the very person or entity having obtained those funds by unlawful means; also calls on the Commission, in its proposal, to consider the possibility of extending the criminalisation of laundering to cases where the perpetrator should have known that the assets in question were the proceeds of crime;
Amendment 228 #
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Calls on the Council, with a view to the evaluation of the EU Drugs Strategy (2005-2012) and the drafting of the future strategy document and in the light of the results achieved and any criticisms made, to emphasise and step up its work in the following areas as a means of reducing supply: a) closer investigative and judicial cooperation between Member States, b) consistent enforcement policies across the various Member States, c) more intensive efforts to ensure the application of the law in respect of non-EU countries, especially producer countries and those situated along drug trafficking routes, d) more intensive and effective efforts in the area of cooperation with, and the provision of international aid to, non-EU countries, especially producer countries and those situated along drug trafficking routes, with a view to combating trafficking in those countries, curbing demand and supporting alternative development initiatives endorsed by the local community;
Amendment 230 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission carefully to monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; requests that clarification be given by the EU institutions, to avoid problems of interpretation in the courts of the Member States, as to the civil liability of legal persons provided for in Directive 2008/99/EC; calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06;
Amendment 239 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Intends, within three months of the adoption of this resolution, to set up a special committee on international waste trafficking, including trafficking between Member States and trafficking to non-EU countries and the problem of ‘poison ships’ suspected to have been sunk in the Mediterranean; calls, therefore, on the Conference of Presidents to put forward a proposal under Rule 184 of the Rules of Procedure;
Amendment 240 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Calls for stronger action by the CITES offices and closer coordination between those offices at European level in combating illegal trafficking in protected and endangered animal and plant species;
Amendment 241 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Calls on the Member States to adopt a proactive approach to investigating cases of extortion, for example through incentives and forms of financial support to enable complainants to continue their business activities, along with the launch of investigations on the basis of intelligence work; believes it is essential to strengthen both the role of civil society and partnerships between civil society and the judicial system and the police, and that this is to be encouraged; calls on the Member States to take action to combat inter-ethnic extortion, for example by employing police officers of different nationalities who have been trained to encourage cooperation and increase victims’ trust in the authorities; calls on the Commission, in its proposal for a directive on the confiscation of the proceeds of organised crime to extend the measures currently provided for in Article 3(1) of Framework Decision 2005/212/JHA to the offence of extortion;
Amendment 242 #
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Endorses the decisions set out in the Council resolution of 23 October 2009 on a reinforced strategy for customs cooperation, with particular reference to the development of new forms of cooperation and new investigative techniques, the adoption of an institutional approach based on cooperation between customs services, the police and other competent authorities, and improvements to the existing cooperation process in order to develop an effective approach to fighting cross- border organised crime and allow the confiscation of illicit goods across the EU; maintains that the greatest possible emphasis must be placed on these aspects in the context of the adoption and implementation of the Fifth Action Plan for Customs Law Enforcement Cooperation;
Amendment 243 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Instructs its President to forward this resolution to the Council, the Commission and, the national parliaments, Europol, Eurojust, the European Investment Bank, Interpol and the UNODC.