2015/2110(INI) | [ParlTrack]

Draft opinion
Citation 2 a (new)

– having regard to the proposed Directive of the European Parliament and of the Council on the fight against fraud to the Union’s financial interests by means of criminal law /* COM/2012/0363 final - 2012/0193 (COD) */,

Amendment 10 #

Draft opinion
Paragraph 1 – point 1 (new)

(1) Calls for the adoption of a common definition of organized crime at the European level as an essential step for enhancing the fight against this phenomenon;

Amendment 11 #

Draft opinion
Paragraph 1 a (new)

1a. Is concerned about the increasing professionalisation of people smuggling and the related increase in profits for smuggling and trafficking networks as a result of the continuing flows of refugees to Europe; calls on the Commission and Member States to ensure that progress is made on international cooperation to combat trafficking in order to eradicate people smuggling and minimise the influence of trafficking networks;

Amendment 12 #

Draft opinion
Paragraph 1 b (new)

1b. Points out that Greece received around EUR 655 million in 2015 from national programmes and the emergency support system for the refugee crisis; calls on the Commission to ensure that proper use was made of these funds and to inform Parliament of its findings;

Amendment 13 #

Draft opinion
Paragraph 3

3. Recognises that the Commission has proposed a vast array of measures to combat these crimes and that some results are already available (i.e. automatic information exchange, anti-money laundering directive); regrets, however, that there is still no instrument for the exchange of information regarding accounting entries between two or more Member States in order to prevent transnational fraud in respect of the Structural and Investment Funds, and calls on the Commission to draft such a proposal as soon as possible;

Amendment 14 #

Draft opinion
Paragraph 3

3. Recognises that the Commission has proposed a vast array of measures to combat these crimes and that some results are already available (i.e. automatic information exchange, anti-money laundering directive); and considers essential to promote common investigative techniques to contrast organized crime and to establish specific national structures to this end, developing, an operational network for the exchange of information in coordination with Europol;

Amendment 15 #

Petri SARVAMAA

Draft opinion
Paragraph 3

3. Recognises that the Commission has proposed a vast array of measures to combat these crimes ~~and that some results are already available~~ (i.e. automatic information exchange, anti-money laundering directive); encourages Member States to take full advantage of the measures already provided;

Amendment 16 #

Draft opinion
Paragraph 3 a (new)

3a. Is concerned about the increase in VAT-related fraud, in particular so-called carousel fraud; calls on all Member States to participate in all of EUROFISC’s fields of activity so as to facilitate the exchange of information to help combat this kind of fraud;

Amendment 17 #

Draft opinion
Paragraph 5

5. Highlights in this regard th~~at it is urgent that~~e urgent need for an agreement between the Parliament and the Council ~~find an agreement~~ on the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (PIF Directive) ~~with VAT included~~ ; notes that the only thing standing in the way of such an agreement is the Council’s blocking of any progress on including VAT in the scope of the directive; calls on the Council to rethink its s~~cope~~tance in the light of the ECJ ruling in the Taricco case (C-105/14), which clearly endorses Parliament’s legal position;

Amendment 18 #

Draft opinion
Paragraph 5

5. Highlights in this regard that it is urgent that the Parliament and the Council find an agreement on the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (PIF Directive) with VAT included in its scope;(Does not affect the English version.)

Amendment 19 #

Raffaele FITTO

Draft opinion
Paragraph 5

5. Highlights in this regard that it is urgent that the Parliament and the Council put an end to the current deadlock and find an agreement on the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (PIF Directive) with VAT included in its scope;

Amendment 2 #

Draft opinion
Recital A a (new)

Aa. whereas in 2014, 1 649 irregularities were reported as being fraudulent and affecting the European budget to the tune of EUR 538.2 million, relating to both the expenditure side and the revenue side, but there are no official data on what percentage of fraud is attributable to organised crime;

Amendment 20 #

Draft opinion
Paragraph 5

Amendment 21 #

Draft opinion
Paragraph 5 – point 1 (new)

(1) Welcomes the communication of 24 February 2016 in which the Commission commits to proposing an action plan for reforming the VAT system; calls on the Commission to include provisions on the fight against cross-border VAT fraud; notes that, according to Commission estimates, the EU loses about EUR 50 billion every year as a result of cross-border VAT fraud;

Amendment 22 #

Draft opinion
Paragraph 6

6. Takes note of the on-going discussions in the Council on the draft regulation establishing the European public prosecutor’s office (EPPO) as an essential piece of the action plan; stresses that the European public prosecutor’s office should have extensive powers for the purpose of combating crimes against the EU’s financial interests; calls on the Member States to make sufficient resources available for the creation of the European public prosecutor’s office;

Amendment 23 #

Draft opinion
Paragraph 6

6. Takes note of the on-going discussions in the Council on the draft regulation establishing the European public prosecutor’s office (EPPO) ~~as an essential piece~~in the context of the action plan;

Amendment 24 #

Draft opinion
Paragraph 6

6. Takes note of the on-going discussions in the Council on the draft regulation establishing the European public prosecutor’s office (EPPO) as an essential piece of the action plan and recognizes that the establishment of a European Public Prosecutor Office, provided with the necessary human and financial resources, is essential for an effective action against frauds to financial interests of the European Union;

Amendment 25 #

Draft opinion
Paragraph 6

6. ~~Takes note of the on-going discussions in the Council on the draft regulation establishing~~Highlights that in order to effectively investigate, prosecute and bring to justice those who commit criminal offences within the scope of the PIF Directive, the European pPublic pProsecutor’´s office ~~(EPPO)~~should be urgently established as an essential piece of the action plan; furthermore, the EPPO should be effective no matter the structure it will finally adopt;

Amendment 26 #

Draft opinion
Paragraph 6 – point 1 (new)

(1) Welcomes the fact that in December 2014, after four years of discussion, Parliament, the Council and the Commission adopted an agreement on EU data protection reforms which will strengthen data protection for natural persons and promote cooperation between the Member State law enforcement bodies;

Amendment 27 #

Raffaele FITTO

Draft opinion
Paragraph 7

7. Points out that EUR 1 trillion is lost to tax evasion and avoidance every year in the EU. Stresses that special attention should be given to tax havens and countries that pursue non-transparent or harmful tax prices, which represents a huge problem affecting each and every European citizen; Welcomes the international agreement within the G20 to apply a new global standard for greater tax transparency, in line with the high standard already applied by the EU; asks for its rapid implementation and effective monitoring of tax fraud and evasion at international level; highlights that at EU level the European Commission is still negotiating agreements involving the exchange of tax information with countries such as Andorra and Monaco and in 2015 Commission had already signed agreements with Switzerland, Liechtenstein and San Marino;

Amendment 28 #

Draft opinion
Paragraph 7

7. Welcomes the international agreement within the G20 to apply a new global standard for greater tax transparency, in line with the high standard already applied by the EU; asks for its rapid implementation and effective monitoring of tax fraud and evasion at international level; ~~highlights that at EU level~~welcomes the fact that, in February 2016, the European Commission ~~is still negotiating~~signed agreements involving the exchange of tax information with countries such as Andorra and Monaco and in 2015 Commission had already signed agreements with Switzerland, Liechtenstein and San Marino;

Amendment 29 #

Draft opinion
Paragraph 7 a (new)

7a. Points out that transparency is the most effective instrument for combating abuse and fraud; calls on the Commission to improve legislation in this regard, making it compulsory to publish data relating to all the beneficiaries of EU funding, including data on subcontracts;

Amendment 3 #

Petri SARVAMAA

Draft opinion
Recital A a (new)

Aa. whereas organised crime, corruption and money laundering pose serious threats to the EU economy by significantly affecting tax revenues of Member States and the EU as a whole, and to the accountability of public EU funded projects as criminal organisations are operating in various sectors, many of which are subject to governmental control;

Amendment 30 #

Draft opinion
Paragraph 8

8. Is of the opinion that a common method for seizing criminal group’s assets in the EU could be a dissuasive measure for criminals; invites the Member States competent authorities to share best practices in this area within the existing meetings platforms, such as the Advisory Committee for the Coordination of Fraud Prevention (COCOLAF) and others; calls Member States to swiftly transpose the directive on the confiscation of assets from crime and to promote the re-use of confiscated assets for social purposes, in accordance with the principle of subsidiarity; and to support a European program for the exchange of good practices for the management of confiscated assets, promoting their use for social purposes;

Amendment 31 #

Draft opinion
Paragraph 8

8. Is of the opinion that a common method for seizing criminal group’s assets in the EU cwould be a dissuasive measure for criminals; invites the Member States competent authorities to share best practices in this area within the existing meetings platforms, such as the Advisory Committee for the Coordination of Fraud Prevention (COCOLAF) and others; calls on Member States to swiftly transpose the directive on the confiscation of assets from crime and to promote the re-use of confiscated assets for social purposes, in accordance with the principle of subsidiarity;

Amendment 32 #

Draft opinion
Paragraph 8 – indent 1 (new)

– Invites Member States to develop administrative, police and judicial cooperation to trace the criminal assets throughout the Union for seizure and confiscation relying on the improvement of Assets Recovery of Offices, which should be provided with adequate resources.

Amendment 33 #

Draft opinion
Paragraph 9 – point 1 (new)

(1) Calls on the Member States to create specialised structures at national level to detect criminal organisations and exclude from Member State public tenders entities that are implicated in corrupt practices or money laundering;

Amendment 34 #

Draft opinion
Paragraph 9 a (new)

9a. Points out that organised crime uses construction companies that specialise in earth moving to launder money and illegally dispose of toxic substances that cause environmental pollution; calls on the Commission, in order to prevent such practices, to carry out anti-crime inspections on contractors and subcontractors who are beneficiaries of contracts for major infrastructure projects financed by the EU budget;

Amendment 35 #

Draft opinion
Paragraph 9 b (new)

9b. Is concerned about the recurring practice of criminal companies involved in money laundering submitting below- cost bids in tender procedures for major projects; calls on the Commission to include an economic assessment of proposals in respect of companies that are awarded contracts and subcontractors;

Amendment 36 #

Draft opinion
Paragraph 10 a (new)

10a. Is concerned that 71.15 % of the expenditure for visitors’ groups in 2014 was paid in cash; notes the study produced by the Court of Auditors, in which it drew attention to the ‘high risk’ practice of making cash payments for the reimbursement of costs for visitors’ groups; demands that all cash payments for visitors’ groups be abolished;

Amendment 37 #

Draft opinion
Paragraph 10 a (new)

10a. Highlights the vital role of banks with regard to money laundering and, in this regard, calls on the Commission to draw up a proposal in order to ensure full transparency of bank flows not only for individuals, but also for legal entities and trusts;

Amendment 38 #

Draft opinion
Paragraph 10 b (new)

10b. Calls for banking licences to be withdrawn from banks involved in proven cases in which large amounts of money have been laundered;

Amendment 39 #

Draft opinion
Paragraph 11

11. Calls for the EU to apply for membership for the Council of Europe Group of States against Corruption (GRECO); and to fulfil its reporting obligations under the UN Convention against Corruption, to which the EU is party; requests the Commission to submit its second report on corruption in the EU as soon as possible and to include also information in respect of the European institutions themselves, which was missing it its first report, or, if the second report will not be available in the coming months, to submit a separate report on the European institutions as an addendum to its first report;

Amendment 4 #

Draft opinion
Recital A a (new)

Aa. whereas protection of the financial interests of the EU should guarantee that budget revenue and expenditure contribute towards the achievement of the EU's priorities and objectives and towards increasing the confidence of citizens by assuring them that their money is being used in full compliance with the aims and policies of the EU;

Amendment 40 #

Raffaele FITTO

Draft opinion
Paragraph 12

12. Points out that the EU institutions as of January 2014 have the obligation to introduce internal whistleblowing rules to protect whistleblowers against retaliation, to make sure that serious misconduct or wrongdoing in the EU administration is brought to light; regrets that some of the institutions have not yet implemented those rules; nonetheless encourages the EU Member States to set up a European protection programme for whistle-blowers and State witnesses including those testify against mafia-type and other criminal organisations;

Amendment 41 #

Draft opinion
Paragraph 13

13. Points out that programs such as Hercule, Fiscalis, Pericles and Directive proposed by the European Commission in February 2013 in order to protect the financial interests of the EU and the euro against counterfeiting, they are designed to combat illegal, international and cross- border criminal activity and calls for their rationalization and for more coordination;

Amendment 42 #

Draft opinion
Paragraph 13 a (new)

13a. Is concerned about the lack of any specific national legislation against organised crime in many Northern European countries; is aware that such a shortcoming offers a great opportunity for organised crime in relation to the trade in illegal products passing through the ports of the North Sea and the Baltic Sea; calls on the Commission to continue promoting exchanges of information and best practice between Member States in order to combat the entry of illegal goods into the EU;

Amendment 43 #

Draft opinion
Paragraph 13 b (new)

13b. Is concerned about the decline in resources made available by Member States to combat the illicit tobacco trade; calls on the Commission, when signing new agreements with the tobacco industry, to stipulate that the share of the proceeds from those agreements for the Member States should be tied, in their budgets, to measures to combat the smuggling of illicit tobacco products;

Amendment 44 #

Draft opinion
Paragraph 14

14. Welcomes the 18-month programme of the EU Council for the Dutch, Slovak and Maltese Presidencies, wh~~ere a~~ich puts the comprehensive and integrated approach to organised crime ~~will be~~ high on ~~the~~its agenda~~. In the area of justice,~~ , togethere wi~~ll be a focus on combating~~th the fight against fraud against the Union’s financial interests, ~~including work on~~which will involve work on the appointment of the European Public Prosecutor’s Office, data protection regulations, and promoting and safeguarding the rule of law and fundamental rights.

Amendment 45 #

Draft opinion
Paragraph 14

14. Welcomes the 18-month programme of the EU Council for the Dutch, Slovak and Maltese Presidencies, where a comprehensive and integrated approach to organised crime will be high on the agenda. In the area of justice, there will be a focus on combating fraud against the Union’s financial interests, ~~including work on the European Public Prosecutor’s Office,~~ data protection, and promoting and safeguarding the rule of law and fundamental rights.

Amendment 46 #

Draft opinion
Paragraph 14 – point 1 (new)

(1) Stresses the importance of having more accountable politics. Calls for mandatory rules establishing that persons who have been convicted by final judgement or participation in organised crime, money laundering, corruption or other serious offences, should not be eligible for memberships of the European Parliament or service for other EU institutions and bodies;

Amendment 5 #

Draft opinion
Recital A b (new)

Ab. whereas the diversity of legal and administrative systems in the Member States presents a challenging environment in which to overcome organised crime and combat money laundering;

Amendment 6 #

Draft opinion
Recital A c (new)

Ac. whereas in order to enhance the existing measures such as the Convention on the Protection of the Communities' Financial Interests (PIF Convention) for fighting fraud, corruption, money laundering and other illegal activities affecting the financial interests of the Union, the Commission has submitted two proposals for criminal law instruments, the PIF Directive and the Regulation on the establishment of the European Public Prosecutor's Office (EPPO Regulation), aimed at ensuring more effective investigation and better protection of the taxpayers' money throughout the European Area of Freedom, Security and Justice;

Amendment 7 #

Draft opinion
Recital A d (new)

Ad. whereas the fight against fraud, corruption and money laundering and recovery of money from crime in the Union must be a priority for political action by the Community institutions, and police and judicial cooperation between Member States is therefore crucial;

Amendment 8 #

Draft opinion
Recital A e (new)

Ae. whereas the ability of criminal organizations to adapt their action to different territorial and social contexts, allows them to diversify their activities by realizing significant profits from drug trafficking, human trafficking, waste trafficking and illegal immigration, and to infiltrate in legal markets relying on a "grey zone" of collusion with white collars and corrupted civil servants;

Amendment 9 #

Draft opinion
Paragraph 1

1. Notes that the phenomena of organised crime, corruption and money laundering usually have a cross-border dimension that requires close cooperation b~~y national competent authorities~~etween the competent national authorities and between those authorities and the EU institutions, with the help of national databases, support~~ed by~~ from EU instruments and a European action plan to eradicate it;

source: 578.512

2016/04/07 DEVE 43 amendments...

Amendment 1 #

Elly SCHLEIN, Doru-Claudian FRUNZULICĂ, Enrique GUERRERO SALOM, Pedro SILVA PEREIRA

Draft opinion
Paragraph -1 (new)

-1. Recalls that corruption impacts negatively the achievement of SDGs both directly and indirectly; by increasing project costs for both the private and public sectors; damaging public institutions; reducing citizens' trust in their government and increasing social inequality;

Amendment 10 #

Draft opinion
Paragraph 1 c (new)

1c. Recalls that the 2030 Agenda for Sustainable Development recognises the need to fight corruption in all its forms, calling on States to reduce illicit financial flows, bribery and corruption and to build effective, accountable and transparent institutions;

Amendment 11 #

Elly SCHLEIN, Enrique GUERRERO SALOM, Doru-Claudian FRUNZULICĂ, Pedro SILVA PEREIRA

Draft opinion
Paragraph 1 d (new)

1d. Calls on the Commission to develop a comprehensive strategy for corruption risk management in developing countries and to implement fully the anti-fraud strategy issued in 2013, especially when implementing EU aid in all its modalities, including the EDF and trust funds, and when delegating development projects to third parties;

Amendment 12 #

Elly SCHLEIN, Doru-Claudian FRUNZULICĂ, Enrique GUERRERO SALOM, Pedro SILVA PEREIRA

Draft opinion
Paragraph 1 e (new)

1e. Calls on the EU to support the establishment of strong national systems and institutions to address corruption in developing countries, including central and local government systems, tax authorities, law enforcement agencies, but also NGOs, media and parliaments; stresses that budget support to developing countries should be accompanied by a clear strategy to minimise corruption risks;

Amendment 13 #

Draft opinion
Paragraph 2

2. Calls on the EU to further support the c~~reation and strengthening of~~onsolidation of public administration and the adoption of adequate anti- corruption legislative frameworks in partner countries, notably in post-conflict and transition countries where state institutions are weak; insists on the need to reinforce regional and specialised police and judicial networks in developing countries, and to share the best practices and know-how of Europol, Eurojust and the European Judicial Network;

Amendment 14 #

Draft opinion
Paragraph 2

2. Calls on the EU to support the creation and strengthening of regional and specialised police and judicial networks in ~~developing~~impoverished countries, always under parameters that guarantee appropriate standards of data protection and privacy, and to share the best practices and know- how of Europol, Eurojust and the European Judicial Network;

Amendment 15 #

Draft opinion
Paragraph 2

2. Calls on the EU to support the creation and strengthening of regional and specialised police and judicial networks in developing countries, and to share the best practices and know-how of Europol, Eurojust and the European Judicial Network; stresses the need to improve regulation and law enforcement and to promote whistleblower protection to hold offenders responsible for their crimes;

Amendment 16 #

Draft opinion
Paragraph 2 a (new)

2a. Emphasises that corruption has disastrous impacts on development when funds that should be devoted to education, health and other vital public services are instead diverted into the hands of corrupt elites; takes into account that corruption also exacerbates violence and insecurity and can lead to dissatisfaction with public institutions, decreased legitimacy of the government in the eyes of the citizens, and eventually cause spirals of anger and unrest;

Amendment 17 #

Draft opinion
Paragraph 2 a (new)

2a. Stresses that corruption not only affects economic capacities and infrastructures in developing countries, it also hinders development efforts and increases inequalities, with a greater impact on the most vulnerable populations; insists on the need systematically to integrate anti-corruption measures into development policies and as part of the EU's relations with third countries;

Amendment 18 #

Draft opinion
Paragraph 2 b (new)

2b. Recalls that the fight against all forms of organised crimes, including corruption, illicit financial flows and stolen assets is now embodied in Sustainable Development Goal 16; calls on the EU to monitor closely and track progress in this regard; considers that in order to achieve this target, EU action should further focus on supporting good governance and institution-building in developing and fragile countries;

Amendment 19 #

Draft opinion
Paragraph 2 b (new)

2b. Recalls that among the institutions most affected by corruption are the judiciary and police; notes that corruption, bribery, theft and tax evasion cost some US $1.26 trillion for developing countries per year and that these resources could be used to lift those who are living on less than $1.25 a day above $1.25 for at least six years;

Amendment 2 #

Draft opinion
Paragraph 1

1. Notes that organised crime has a transnational dimension; highlights the need for a joint action based on accessible information and increased cooperation between the police and the judicial authorities of various Member States and ~~developing~~impoverished countries, which should be assisted by ad hoc joint coordination bodies;

Amendment 20 #

Draft opinion
Paragraph 2 c (new)

2c. Emphasises the importance of prioritising the implementation of Sustainable Development Goal 16 of Agenda 2030 which seeks substantially to reduce corruption, as well as to promote access to justice and effective, accountable and transparent institutions; urges the EU to make SDG 16 a priority in development programming;

Amendment 21 #

Elly SCHLEIN, Enrique GUERRERO SALOM, Doru-Claudian FRUNZULICĂ

Draft opinion
Paragraph 3

3. CNotes with concern that the most relevant international conventions and initiatives aiming to fight corruption and illicit financial flows fail to deliver concrete results at their implementation stage; recalls that the development of a foreign policy anti-corruption strategy is essential to combat corruption and financial crime effectively; calls on the EU to promote as a priority in its external policies the correct transposition and implementation of the United Nations Convention against Transnational Organised Crime, and of all other relevant international instruments that aim to combat corruption and money laundering;

Amendment 22 #

Draft opinion
Paragraph 3 a (new)

3a. Stresses that whistleblowing is an essential anti-corruption tool, and that a proper system to protect whistleblowers should be established both inside and outside the EU; stresses in particular a direct reporting mechanisms is needed for citizens in EU aid recipient countries who bring attention to irregularities in EU- funded aid programmes;

Amendment 23 #

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission to ensure through constant monitoring that EU aid does not directly or indirectly contribute to corruption; believes that development aid, and in particular budget support, should be subject to more conditionality to ensure developing countries' political commitment to undertake sectorial reforms and promote anti-corruption measures;

Amendment 24 #

Draft opinion
Paragraph 3 a (new)

3a. Notes with concern that the EU approach towards corruption in ACP countries provides little strategic guidance on strengthening country systems to prevent and control it;

Amendment 25 #

Draft opinion
Paragraph 3 a (new)

3a. Expresses concern regarding the links between multinational corporations and organized crime in third countries to intimidate, blackmail, and even murder human rights defenders, social leaders, and unionists; calls on the EU to investigate the activities of multinational corporations acting with European capital and strengthen the control and monitoring of the activities of these multinational corporations;

Amendment 26 #

Draft opinion
Paragraph 3 b (new)

3b. Calls on the EU to develop a strong holistic risk management system to prevent development aid from contributing to corruption in recipient countries; in particular, calls on the EU to address corruption directly through programming and country strategy papers and to link budget support to clear anti- corruption objectives; to this end, stresses the need to set up robust mechanisms to monitor its implementation;

Amendment 27 #

Draft opinion
Paragraph 3 b (new)

3b. Recalls the importance of coherence between the EU's internal and external policies and points at the need to integrate the fight against organised crime in development and security strategies as a means to restore stability in developing countries;

Amendment 28 #

Draft opinion
Paragraph 3 c (new)

3c. Deems that companies should be required to have an anti-corruption management system in place, including adequate alert mechanisms throughout the supply chain, to be selected for projects which receive EU funds;

Amendment 29 #

Draft opinion
Paragraph 3 d (new)

3d. Deems that more coordination is needed between EEAS and DEVCO in their approach to effectively curbing corruption in developing countries; takes the view that aid assistance should be more aligned to the absorptive capacity of the host country and its general development needs to avoid massive waste and corruption of aid resources;

Amendment 3 #

Draft opinion
Paragraph 1

1. Notes that organised crime frequently has a transnational dimension; ~~highlights the need for a joint ac~~deplores that corruption ~~base~~and mon ~~accessible information and increased cooperation between the police and the judicial authorities of various Member States and developing countries, which should be assisted by~~ey laundering amount to 5 percent of annual global GDP and that in developing countries, funds lost to corruption are estimated to represent 10 times the amount of ODA; highlights the need for a comprehensive framework requiring active participation by international and regional organisations, state actors, private sector and ~~hoc joint coordination bodies~~civil society on the basis of transparency and mutual accountability;

Amendment 30 #

Draft opinion
Paragraph 4

4. Stresses that ~~people’s right to decide on their own food and agriculture systems is the solution~~respecting each Government's sovereignty to regulate and plan its economy and achieve food sovereignty is a basic pillar to combatting the causes of criminal activities that cause hunger and poverty; urges the international community to actively confront financial speculation on foodstuffs, such as purchases at low prices in vast agricultural areas and land grabbing by large multinational agro companies, taking into consideration the detrimental impact on small producers;

Amendment 31 #

Draft opinion
Paragraph 4

4. ~~Stresses that people’s right to decide on their own food and agriculture systems is the solution to combatting criminal activities that cause hunger and poverty; u~~Urges the international community to actively confront financial speculation on foodstuffs, such as purchases at low prices in vast agricultural areas and land grabbing by large multinational agro companies, taking into consideration the detrimental impact on small producers;

Amendment 32 #

Nicolas BAY, Louis ALIOT

Draft opinion
Paragraph 4

4. Stresses that people’s right to decide on their own food and agriculture systems is the solution to combating criminal activities that cause hunger and poverty; urges the international community to actively confront financial speculation on foodstuffs, such as purchases at low prices in vast agricultural areas and land grabbing by large multinational agro companies, taking into consideration the detrimental impact on small producers; encourages the organisation of short supply chains between local producers and consumers in order to promote regional agriculture which is more sustainable and profitable from the point of view of land use, plant protection products and the local economy;

Amendment 33 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses the importance of the principle of universal justice to fight against organised crime; rejects the limitations that the Governments of Member States have imposed on it, seriously severing the capacity of judges to investigate crimes committed outside the territory of their Member State; urges the EU to defend the inclusion of economic, financial, and environmental crimes under universal jurisdiction;

Amendment 34 #

Draft opinion
Paragraph 5

5. Notes that an evaluation of new policies on soft drugs is a priority and considers that decriminalisation/legalisation strategies should be considered as a means of effectively combating criminal organisations; requests that the EU introduce this issue in both its internal and external policies by involving in the political debate all relevant EU and international agencies and the institutions of all countries involved;deleted

Amendment 35 #

Nicolas BAY, Louis ALIOT

Draft opinion
Paragraph 5

Amendment 36 #

Draft opinion
Paragraph 5

Amendment 37 #

Draft opinion
Paragraph 5 a (new)

5a. Recalls that corruption is closely related to activities such as money laundering, tax evasion, and illicit trade; in this light, stresses that transparency should be the cornerstone of all anti- corruption strategies and include: lifting excessive professional secrecy; automatic exchange of information on tax matters; public country-by-country reporting of multinationals and public registries of beneficial owners of companies;

Amendment 38 #

Draft opinion
Paragraph 5 b (new)

5b. Urges the EU to show strong political will and determination against tax avoidance and evasion, in line with the principle of Policy Coherence for Development, as enshrined in article 208 of the Lisbon Treaty; recalls the EU's responsibility to combat tax rules that facilitate tax dodging by transnational corporations and individuals and to help third countries to repatriate illicit funds and prosecute perpetrators;

Amendment 39 #

Elly SCHLEIN, Doru-Claudian FRUNZULICĂ, Enrique GUERRERO SALOM, Pedro SILVA PEREIRA

Draft opinion
Paragraph 5 c (new)

5c. Stresses the need to undertake an analysis of the impact of the tax systems of EU Members States on developing countries to combat effectively illicit financial flows;

Amendment 4 #

Draft opinion
Paragraph 1

1. Notes that organised crime has a transnational dimension and encompasses a various range of criminal activities including drug trafficking, smuggling of migrants, money-laundering, trafficking in counterfeit goods, firearms, wildlife and cultural property; highlights the need for a joint action based on accessible information and increased cooperation between the police and the judicial authorities of various Member States and developing countries, which should be assisted by ad hoc joint coordination bodies;

Amendment 40 #

Draft opinion
Paragraph 5 d (new)

5d. Highlights that double taxation agreement (DTAs) can enable illicit financial flows (IFFs); urges the EU to ensure a fair distribution of taxing rights while negotiating tax and investment treaties with developing countries; to this end, calls on the EU to negotiate Tax Treaties with developing countries based on the model treaty of the United Nations Tax Committee, which gives stronger rights to taxation at source;

Amendment 41 #

Draft opinion
Paragraph 5 e (new)

5e. Notes that extractive industries, utilities and infrastructure, health and education are particularly vulnerable to corruption; recalls in particular that non- transparent government procurement and supply chains can provide opportunities for corruption-related IFFs; accordingly, deems that anti-corruption efforts should also aim at modernising procurement practices;

Amendment 42 #

Draft opinion
Paragraph 5 f (new)

5f. Calls on developing countries to increase transparency and accountability in resource contracts, companies' financial reporting and auditing as well as revenue collection and allocation as part of their anti-corruption agenda;

Amendment 43 #

Elly SCHLEIN, Doru-Claudian FRUNZULICĂ, Enrique GUERRERO SALOM, Pedro SILVA PEREIRA

Draft opinion
Paragraph 5 g (new)

5g. Calls on the EU to upgrade its support to help resource-rich countries to implement the EITI principles of greater transparency and accountability in the oil, gas and mining sectors; believes that the Extractive Industries Transparency Initiative (EITI) should be made mandatory and extended: they should not focus only on governments but also on producing firms and commodity trading companies;

Amendment 5 #

Draft opinion
Paragraph 1 a (new)

1a. Notes that the costs of corruption cannot only be calculated in economic terms, and that these costs are very high, especially in developing countries, which undermines public trust in public authorities and democratic institutions, increases inequalities that disproportionately affect the poorest and most vulnerable, and reduces the effectiveness of development aid;

Amendment 6 #

Draft opinion
Paragraph 1 a (new)

1a. Highlights that ending tax havens and bank secrecy is indispensable and essential to fight effectively against corruption and organised crime; urges the EU to cancel any economic or commercial agreement with states that are considered to be tax havens by at least one of the Member States of the EU; stresses that the EU must promote the fight against tax havens, banking secrecy and money laundering as a priority in all relevant international fora;

Amendment 7 #

Elly SCHLEIN, Enrique GUERRERO SALOM, Doru-Claudian FRUNZULICĂ, Pedro SILVA PEREIRA

Draft opinion
Paragraph 1 a (new)

1a. Stresses the need to address both the supply and demand sides of corruption; encourages developing countries to prioritise anti-corruption measures in their development agendas, i.e. through setting up independent and competent regulatory and law enforcement systems;

Amendment 8 #

Draft opinion
Paragraph 1 b (new)

1b. Recalls that illicit financial flows, estimated at $1 trillion a year, are major obstacles to the mobilisation of domestic revenue for development, and drain resources that should be invested in developing countries;

Amendment 9 #

Draft opinion
Paragraph 1 b (new)

1b. Calls on the EU to take a more active role in providing financial and technical assistance to developing countries to cope with emerging global standards for fighting tax evasion, including automatic exchange of information;

source: 580.446

2016/07/04 LIBE 200 amendments...

Amendment 1 #

Motion for a resolution
Citation 7 a (new)

- having regard to Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA,

Amendment 10 #

Motion for a resolution
Recital F (new)

F. whereas the dangerousness of the intimidatory power that can be exerted by the mere fact of belonging to an association is not a priority in comparison with combating 'target crimes' (the crimes that an association exists to commit) and whereas this has left a regulatory and operational gap at European level, facilitating transnational operations by organised criminal groups;

Amendment 100 #

Motion for a resolution
Paragraph 11 a (new)

11a. Calls for the European Public Prosecutor’s Office to be given responsibility for action to combat cross- border crime;

Amendment 101 #

Motion for a resolution
Paragraph 11 a (new)

11a. Considers that the EPPO should have competence to prosecute all PIF crimes including VAT frauds; Urges the Council to fully take in consideration the judgement given by the European Court of Justice in the Taricco case1a ; and, therefore, to agree to include VAT fraud into the scope of the PIF Directive; _________________ 1a Case C-105/14.

Amendment 102 #

Motion for a resolution
Paragraph 11 b (new)

11b. Regret that the concept of "national link" is still in the text as this could bring to an inefficient distribution of workload between European Prosecutors; therefore ask the Council for the establishment of a mechanism to make the distribution of workload more efficient and effective;

Amendment 103 #

Motion for a resolution
Paragraph 11 c (new)

11c. Urges the Council of the European Union to find a right balance between the absolute necessity of ensuring the procedural safeguards for suspects or accused and the necessity for the EPPO to collect evidence in the Member States and to share information with other EU bodies;

Amendment 104 #

Motion for a resolution
Paragraph 11 d (new)

11d. Regrets that the text is going towards a system where the Permanent Chambers have limited decision-making powers in cases below the threshold of 100.000€; this possibility could limit the added value of the collegial decision- making process at central level;

Amendment 105 #

Motion for a resolution
Paragraph 11 e (new)

11e. Recalls the necessity for the EPPO to be fully informed of all PIF investigations opened at National level in order for the Office to have a clear picture of the phenomenon in Europe; this point will be also crucial to have clear data which could help in improving the EU policy in the field;

Amendment 106 #

Ignazio CORRAO, Laura FERRARA

Motion for a resolution
Paragraph 11 f (new)

11f. Since the Council opted for an EPPO with collegial structure with European Delegated Prosecutors it will be crucial to make sure that the EPPO's role won't be reduced to a monitoring and mere supervisory role;

Amendment 107 #

Ignazio CORRAO

Motion for a resolution
Paragraph 11 c (new)

11c. Investigative tools and practices

Amendment 108 #

Motion for a resolution
Paragraph 11 d (new)

11d. Calls on the Commission to draw up a study 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 and controlled and supervised delivery operations; calls on the Commission to submit a proposal for a directive by the end of 2017 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 109 #

Motion for a resolution
Subheading 4 a (new)

Protecting whistle-blowers through European legislation

Amendment 11 #

Motion for a resolution
Recital G (new)

G. whereas, besides the more obvious dangers to public policy and public security presented by the forms of violence which are typical of criminal organisations, organised crime causes equally serious problems in the form of penetration into the legal economy and associated conduct which corrupts public officials, with the consequent infiltration of institutions and the public administration;

Amendment 110 #

Motion for a resolution
Paragraph 11 b (new)

11b. Points out that whistle-blowers play a central role in the fight against corruption as they may reveal cases of fraud that would otherwise be kept secret; regards whistle-blowing as one of the most effective ways of halting and preventing wrongdoing from occurring, or uncovering it if it already took place;

Amendment 111 #

Motion for a resolution
Paragraph 11 c (new)

11c. Underlines that no European legislation should be interpreted as restricting whistleblowing activity;

Amendment 112 #

11d. Deplores the fact that whistle- blowers who act in the public interest often take a very high personal risk as they may be dismissed, sued, boycotted, arrested, threatened or victimised and discriminated in a variety of other ways;

Amendment 113 #

Motion for a resolution
Paragraph 11 e (new)

11e. Calls on the Commission to take legislative action with the aim of setting up a European protection framework for whistle-blowers; calls for such a proposal to be issued before the end of 2017;

Amendment 114 #

Motion for a resolution
Paragraph 12

12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime at EU level; calls on the Member States to increase the resources they devote toCalls for greater and more efficient cross-border police and judicial cooperation~~, to guarantee the~~ between Member States, mutual admissibility of evidence ~~between Member States, to ensure that~~, greater use ~~is made~~ of joint investigation teams and tohe employment of a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;

Amendment 115 #

Motion for a resolution
Paragraph 12

12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime at EU level; calls on the Member States to increase the resources they devote to cross-border police and judicial cooperation, to guarantee the mutual admissibility of evidence between Member States, and to ensure that greater use is made of joint investigation teams ~~and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption~~;

Amendment 116 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

12. ~~Deplores the fact that cross-border police and judicial cooperation involves~~Calls on the Member States to increase the resources for Europol and Eurojust to strengthen police and judicial cooperation between the Member States and to decrease excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness ofin the fight against organised crime at EU level; calls on the Member States to increase the resources they devote to cross- border police and judicial cooperation, to guarantee the mutual admissibility of evidence between Member States, to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;

Amendment 117 #

Motion for a resolution
Paragraph 12

12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime at EU level; calls on the Member States to increase the resources they devote to cross-border police and judicial cooperation, to guarantee the mutual admissibility of evidence between Member States, to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption, while fully respecting European data protection legislation;

Amendment 118 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 12

12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime, corruption and money laundering at EU level; calls on the Member States to increase the resources they devote to cross-border police and judicial cooperation, to ensure proper training and technical support, to guarantee the mutual admissibility of evidence between Member States, and to ensure that greater use is made of joint investigation teams ~~and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption~~;

Amendment 119 #

Motion for a resolution
Paragraph 12

12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime at EU level; calls on the Member States to increase the ~~resources they devote to~~ir efforts to strengthen cross-border police and judicial cooperation, to guarantee the mutual admissibility of evidence between Member States, to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;

Amendment 12 #

Motion for a resolution
Recital H (new)

H. whereas the illegal proceeds of crimes committed by criminal organisations are widely laundered in the legal European economy; whereas such capital, once reinvested in the regular economy, constitutes a serious threat to free enterprise and competition, because it has a seriously distorting impact;

Amendment 120 #

Motion for a resolution
Paragraph 12

12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime at EU level; calls on the Member States to increase the resources they devote to cross-border police and judicial cooperation, to ~~guarante~~promote the mutual admissibility of evidence between Member States, to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;

Amendment 121 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 12 a (new)

12a. Stresses the urgency of creating a more efficient system for communication and exchanging information among judicial authorities within the EU, replacing the traditional instruments of mutual legal assistance for criminal matters, if necessary; asks the Commission to assess the need for legislative action in this field, to create a proper EU system of exchange of information among EU judicial authorities;

Amendment 122 #

Motion for a resolution
Paragraph 12 a (new)

12a. Urges the Member States to systematically input data into and make use of the data in existing European databases relating to the fight against organised crime and corruption and to invite the European agencies Europol and Eurojust to facilitate this exchange of information;

Amendment 123 #

Motion for a resolution
Paragraph 12 a (new)

12a. In this regard it is of a paramount importance to better define relations between Eurojust, OLAF and EPPO in order to differentiate their respective roles in the protection of EU financial interest;

Amendment 124 #

Motion for a resolution
Paragraph 12 a (new)

12a. Reiterates its call on the Commission to propose common judicial standards to increase integration and cooperation among Member States;

Amendment 125 #

Salvatore Domenico POGLIESE

Motion for a resolution
Paragraph 12 b (new)

12b. Calls on Member States to invest in the training of national operators who use European instruments, such as the European Police College and the European Judicial Training Network;

Amendment 126 #

Motion for a resolution
Paragraph 13

13. Believes that the EU and its Member States should implement properly and strengthen EU measures concerning the tracing, freezing and confiscation of proceeds of crime, the management of frozen and confiscated property and its re- use for social purposes and as a form of compensation for members of the families of victims of murders committed by criminal organisations and for businesspeople adversely affected by loan sharking and racketeering;

Amendment 127 #

Monika HOHLMEIER, Barbara MATERA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 13

13. ~~Believes that the EU and its Member States should implement properly~~Is of the opinion that employing a common method for seizing criminal groups' assets in the EU would be a dissuasive measure for criminals; calls on the Member States to swiftly transpose the Directive 2014/42/EU on the confiscation of assets from crime and to strengthen EU measures concerning the tracing, freezing and confiscation of proceeds of crime, and the management of frozen and confiscated property ~~and its re- use for social purposes;~~ ;

Amendment 128 #

Motion for a resolution
Paragraph 13

13. Believes that the EU and its Member States should implement properly and strengthen EU measures concerning the tracing, freezing and confiscation of proceeds of crime, the management of frozen and confiscated property and its re- use for social purposes; urges Member States to increase cooperation and exchange of best practices on the matter;

Amendment 129 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the Commission to submit as soon as possible, as provided for in the declaration annexed to Directive 2014/41/EU, a legislative proposal to ensure mutual recognition of seizure and confiscation orders linked to the asset- protection measures adopted in many Member States;

Amendment 13 #

Motion for a resolution
Recital I (new)

I. whereas criminal groups gain access to politicians and administrators in order to tap the financial resources at the disposal of the public administration and to influence its activities with the connivance of politicians, officials and businesspeople; whereas their influence over politicians and administrators makes itself felt most of all in the sector of public procurement and public works, public funding, disposal of scrap and waste, and direct contracts for the procurement of all types of goods and the management of services;

Amendment 130 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the Commission to revise Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union by including the possibility of rendering liable to prosecution both the conduct of those who transfer to others the ownership or the availability of financial capital or movable property in order to avoid a freezing or confiscation measure, and the conduct of the third parties that accept the ownership or availability of this capital; recommends that the Member States take a proactive stance and adopt provisions in this area;

Amendment 131 #

Motion for a resolution
Paragraph 13 b (new)

13b. Calls on the Commission to submit, as provided for in the declaration annexed to Directive 2014/41/EU, an analysis of the feasibility and possible benefits of introducing common rules on the confiscation of assets derived from crime, including in the absence of a conviction of one or more specific persons involved in such activities;

Amendment 132 #

Motion for a resolution
Subheading 7

Preventing organised crime and corruption from infiltrating the legal economy

Amendment 133 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Subheading 7

Preventing organised crime and corruption from infiltrating the legal economy

Amendment 134 #

Motion for a resolution
Paragraph 14

14. Points out that corruption, in particular in the context of the award of public contracts or public-private partnerships, makes it easier for organised crime to infiltrate the legal economy;

Amendment 135 #

Motion for a resolution
Paragraph 15 a (new)

15a. Recommends that the number of central purchasing bodies be reduced, merging those which already exist at local or regional level and also establishing a single national purchasing body as a temporary system pending the implementation of the e-procurement system;

Amendment 136 #

Motion for a resolution
Paragraph 16

16. Calls on Member States to implement public procurement monitoring instruments and to bar any undertaking which has proven links with organised crime from entering into an economic relationship with a public authority; calls on the Member States, accordingly, to introduce anti-organised crime certification for companies and calls for the relevant information to be exchanged at EU levelprovide the Commission with all necessary information to draw up a blacklist of companies which will be temporarily barred from European public procurement procedures as a consequence of their engagement in corruptive practices;

Amendment 137 #

Ivan JAKOVČIĆ

Motion for a resolution
Paragraph 16

Amendment 138 #

Motion for a resolution
Paragraph 16 a (new)

16a. Points out that 21 Member States have not yet transposed the package of public procurement directives; considers that rules on public procurement are essential in order to bring transparency and accountability to one of the areas most vulnerable to corruption;

Amendment 139 #

Ana GOMES, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR

Motion for a resolution
Paragraph 16 a (new)

16a. Requests the European Commission to monitor and report to the Parliament on the percentage of use of direct awarding of public contracts in Member States, as well as the legal circumstances where national administrations most make use of them;

Amendment 14 #

Monika HOHLMEIER, Barbara MATERA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 2 a (new)

2a. Welcomes the 18-month programme of the EU Council for the Dutch, Slovak and Maltese Presidencies, which puts the comprehensive and integrated approach to organised crime high on its agenda; Points out that the fight against fraud, corruption and money laundering must be a political priority for the EU institutions, and police and judicial cooperation between Member States is therefore crucial

Amendment 140 #

Motion for a resolution
Paragraph 16 b (new)

16b. Points out that transparent accounting rules amenable to review must be ensured not just within central government, but also at regional and local level in all Member States;

Amendment 141 #

Motion for a resolution
Paragraph 16 c (new)

16c. Urges the Member States to take the steps required to bring transparency to decisions concerning licensing and planning permission at regional and local level;

Amendment 142 #

Nuno MELO

Motion for a resolution
Paragraph 16 d (new)

16d. Points to the need for robust rules on nature conservation and environmental protection, stemming from community decisions, thus ensuring that they will be effective and enforceable in relation to other interests, not least those connected with urban development;

Amendment 143 #

Motion for a resolution
Paragraph 17

17. Calls on the Member States to ~~tak~~adopt specific legislation and to take appropriate measures to curb the activities of professionals, banks, civil servants and politicians, who, although not members of criminal organisations, support them at various levels;

Amendment 144 #

Motion for a resolution
Paragraph 17

17. Calls on the Member States to ~~take measures to curb the activities of~~prevent professionals, banks, civil servants and politicians~~, who, although not members of criminal organisations, support them at var~~ from supporting criminal organizations at various levels, as well as to cooperate more in such investigatiouns ~~levels~~when needed;

Amendment 145 #

Motion for a resolution
Paragraph 18

18. Calls on the Commission to take legislative action with the aim of simplifying bureaucratic administrative procedures and thus improving transparency and ~~reduc~~fighting corruption;

Amendment 146 #

Motion for a resolution
Paragraph 18 a (new)

18a. Recommends that the Member States and European Institutions introduce compulsory rotation of public officials to prevent corruption and infiltration by organised crime;

Amendment 147 #

Motion for a resolution
Paragraph 18 b (new)

18b. Calls on Member States to introduce measures to ban people who have been convicted of offences against the public administration, associative offences or corruption from standing for election and from working in or for the public administration;

Amendment 148 #

Motion for a resolution
Paragraph 19

19. Regards it as essential to strengthen legislative provisions designed to guarantee greater transparency and traceability of financial flows, in particular as far as EU funds are concerned, including by means of a final audit to check that the funds have been properly used; calls upon the Commission a. to correct payments in the case of irregularities by Member States in using EU funds; b. to temporarily debar institutions and companies who have been found guilty of abuse of EU funds; And calls upon Member States to submit national declarations on their control systems;

Amendment 149 #

Motion for a resolution
Paragraph 19

Amendment 15 #

Motion for a resolution
Paragraph 2 a (new)

2a. whereas the primary goal of organised crime is profit; whereas law enforcement must therefore have the capacity to turn the spotlight on the financing of organised crime, often inherently linked to corruption, fraud, counterfeiting and smuggling;

Amendment 150 #

Motion for a resolution
Paragraph 19

19. Regards it as essential to strengthen legislative provisions designed to guarantee greater transparency and traceability ~~of financial flows, in particular as far as EU funds are concerned, including by means of a final audit to check that the funds have been properly used~~in the management of EU funds, including by means of prior investigations;

Amendment 151 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR

Motion for a resolution
Paragraph 19 a (new)

19a. Takes the view that the Commission should impose the highest levels of integrity in the procurement processes for implementation of EU- funded projects; recalls that monitoring results of projects in cooperation with civil society organisations and holding local authorities accountable is essential to determine whether EU funds are used appropriately and that corruption is tackled;

Amendment 152 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 19 b (new)

19b. Urges the Commission and Member States to demand contractors to reveal their full corporate structure and beneficial owners before awarding any contracts to them so as to avoid supporting companies which engage in aggressive tax planning, tax fraud and evasion and corruption;

Amendment 153 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Benedek JÁVOR

Motion for a resolution
Paragraph 19 c (new)

19c. Emphasises the need for the EU and the Member States to take appropriate measures, including under criminal law, to monitor and eventually sanction companies based on their territory which are involved in corruption; calls on the Commission and Member States to aggregate data to formulate a public list of companies which have been convicted of corrupt practices or whose company officials are being indicted for corrupt practices in Member States; is of the opinion that such listing should prohibit those companies from participating in public procurement processes or benefit from EU funds in EU Member States in the case of conviction, and until a final court decision of exoneration; highlights the fact that 'blacklisting' can be effective in dissuading companies from engaging in corrupt activities and provides a good incentive for them to improve and reinforce their internal integrity procedures;

Amendment 154 #

Motion for a resolution
Paragraph 20

20. Condemns the increasingly widespread counterfeiting of goods, medicines and agri-food products in the EU; points out that this criminal activity, which involves distribution networks managed by transnational organised crime, has insinuated its way into the markets of the Member States; ~~suggests that a holistic approach be taken in~~urges Member States to step up their co-operation in order to combat~~ing~~ criminal organisations of this kind;

Amendment 155 #

Motion for a resolution
Paragraph 20 a (new)

20a. Expresses its concerns about the increase of illegal environment-related activities connected to or resulting from organised, mafia-style criminal activities, such as illegal waste trafficking and disposal and destruction of the environmental landscape; recalls its recommendation to develop a common action plan to prevent and combat these forms of crimes; urges the Commission to propose legislation to better fight environmental crimes;

Amendment 156 #

Motion for a resolution
Paragraph 20 a (new)

20a. Calls, therefore, on the Commission to give food fraud, and counterfeiting of goods, medicines and agri-food products, the full attention it warrants and to take all necessary steps to make the prevention and combating of food fraud an integral part of EU policy;

Amendment 157 #

Iliana IOTOVA, Tanja FAJON, Ana GOMES, Hugues BAYET

Motion for a resolution
Paragraph 20 a (new)

20a. Calls on the Commission to find an appropriate way to monitor the corruption within the European Institutions and agencies, and ensure that the relevant legislative framework is in place to ensure that dissuasive and effective sanctions exist for offenders;

Amendment 158 #

Motion for a resolution
Paragraph 20 a (new)

20a. Considers it necessary to fight corruption in sport by making the rigging of sports events a criminal offence, thereby strengthening measures to stamp out illegal sports betting;

Amendment 159 #

Motion for a resolution
Paragraph 20 b (new)

20b. Underlines the need to gain further insight into the scale and incidence of food fraud, and counterfeiting of goods, medicines and agri-food products in the EU; calls on the Commission and the Member States to collect data systematically on fraud and counterfeiting cases and to exchange best practices for identifying and combating these phenomenon;

Amendment 16 #

Motion for a resolution
Paragraph 2 a (new)

2a. Points out that the financial crisis has added to the pressure on European governments; in view of the current economic challenges, calls for a greater guarantee of integrity and transparency in public spending;

Amendment 160 #

Motion for a resolution
Paragraph 20 b (new)

20b. Calls on the Commission to regulate lobbying and its relationship to official bodies so as it ensure that it is carried out more transparently;

Amendment 161 #

Motion for a resolution
Paragraph 20 c (new)

20c. Invites the Commission and Member States to consider other methods which aim to prevent and discourage food fraud, such as naming and shaming through a European register of convicted fraudulent food and medicines business operators;

Amendment 162 #

Motion for a resolution
Paragraph 20 c (new)

20c. Considers that the European institutions should set an example by promoting the highest standards of transparency and clear rules on conflicts of interest;

Amendment 163 #

Motion for a resolution
Paragraph 20 d (new)

20d. Calls for the extension of current traceability regimes and for the systematic implementation of the 'step-free' traceability provided for in basic Regulation (EC) No 178/2002 covering food and feed, food-producing animals, and all substances destined for this purpose or which can be expected to be used in the production of food or feed;

Amendment 164 #

Motion for a resolution
Paragraph 20 d (new)

20d. Condemns the fact that environment-related organised crime, such as illegal waste treatment and destruction of the natural heritage, is acquiring an international dimension, implying a need for concerted efforts at European level to both prevent and fight it;

Amendment 165 #

Motion for a resolution
Paragraph 20 e (new)

20e. Believes that there are new tools for organised crime which have to be dealt with; points out that what is involved is not traditional cybercrime linked to computer fraud and the dissemination of child pornography, but the use of the Internet to promote drug-trafficking, illegal immigration, and human- trafficking networks;

Amendment 166 #

Motion for a resolution
Paragraph 20 e (new)

20e. Calls for the entire food chain in Europe, including all stages of production, processing, sales and distribution to be transparent and fully open to scrutiny by inspectors in order to ensure that fraudulent food, medicines and agri-food products can be quickly identified;

Amendment 167 #

Motion for a resolution
Paragraph 20 f (new)

20f. Deplores the fact that highly sophisticated new forms of crime are emerging, including economic crime, involving cross-border conspiracies and using new technological resources, and considers that Member States therefore need to coordinate their action in order to bring to bear the technical, logistic, and financial means necessary to detect and fight such crime;

Amendment 168 #

Ignazio CORRAO, Laura FERRARA

21. Points out that drug trafficking is a major money spinner for criminal groups and must be countered by means of both law enforcement and prevention; calls on Member States and the competent institutions to tackle the links between the drugs market and other criminal activities and the impact that they have on the legal economy and legal trade, as indicated by Europol and the EMCDDA in the report on the drugs market in 2016;

Amendment 169 #

Motion for a resolution
Paragraph 21 a (new)

21a. Notes that an evaluation of new policies on soft drugs is a priority and considers that decriminalisation/legalisation strategies should be considered as a means of effectively combating criminal organisations; requests that the EU introduce this issue in both its internal and external policies by involving in the political debate all relevant EU and international agencies and the institutions of all countries involved;

Amendment 17 #

Motion for a resolution
Paragraph 2 b (new)

2b. Points out the need for a multidisciplinary approach to prevent and combat organised crime effectively; stresses in this regard the role of the European crime prevention network and the need to give it financial support;

Amendment 170 #

Motion for a resolution
Paragraph 22

22. ~~Condemns criminal interests that revolve around gambling, including lawful gambling, and urges the Commission to introduce legislation to combat and prevent this phenomenon~~Recalls that criminal organisations often use the legal and illegal gambling circuits and match-fixing to launder money; condemns criminal interests that revolve around these phenomena, and urges the Commission to introduce legislation to combat and prevent them; calls on the Member States to cooperate transparently and effectively with sports organisations and to step up communication and cooperation with Eurojust and Europol to combat these phenomena;

Amendment 171 #

Motion for a resolution
Paragraph 22

22. Condemns criminal interests that revolve around gambling, ~~including lawful gambling,~~and points out that often even lawful gambling, can be used for money laundering and reinvestment purposes and therefore represents a source of relevant profit for criminal groups and urges the Commission to introduce legislation to combat and prevent this phenomenon;

Amendment 172 #

Ana GOMES, Elly SCHLEIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 22

22. Condemns criminal interests that revolve around gambling, including lawful gambling, and fixing of sports matches; urges the Commission to introduce legislation to combat and prevent thisese phenomenona;

Amendment 173 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 22 a (new)

22a. Notes that the purchase of property in EU Member States is a way to launder the proceeds of criminal activity, whereby criminals shield their ultimate beneficial ownership through foreign shell companies; urges Member States to ensure that any foreign company intending to hold a property title in its territory be held to the same standards of transparency required of companies incorporated in its jurisdiction;

Amendment 174 #

Motion for a resolution
Paragraph 23

23. Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such ~~should be abolished~~insists on the need to come up as soon as possible with a common Union list of uncooperative jurisdictions (i.e. a 'blacklist of tax havens'), based on sound and objective criteria, including significantly lower effective level of taxation, the existence of active harmful tax practices, advantages granted to non- resident individuals or legal entities, prevention of automatic exchange of information for tax purposes with other governments and non-disclosure of the corporate structure of legal entities (including trusts, charities, foundations etc.) or the ownership of assets or rights; welcomes the Commission's intention to reach an agreement on such a list within the next six months; calls on the Member States to endorse that agreement by the end of 2016;

Amendment 175 #

Monika HOHLMEIER, Barbara MATERA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 23

23. Points out that t~~ax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such should be abolished~~he increasingly complex tax systems in certain Member States opens the possibility for intransparency and disguise of fiscal fraud; Therefore calls on the Member States to establish clear and transparent rules and procedures;

Amendment 176 #

Motion for a resolution
Paragraph 23

23. Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, ~~and as such should be abolished~~that countering such phenomenon needs a common regulation and a coordinated approach at the EU level;

Amendment 177 #

Motion for a resolution
Paragraph 23

23. Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such should be abolished; calls in particular for banking secrecy to be abolished;

Amendment 178 #

Motion for a resolution
Paragraph 23

23. ~~Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such should be abolished~~Calls on the Commission to bring concerted efforts to bear to combat all ways in which offshore locations are being used to conceal winnings, profits, or gains;

Amendment 179 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Benedek JÁVOR

Motion for a resolution
Paragraph 23 a (new)

23a. Asks, furthermore, for the Union's list of uncooperative jurisdictions to be accompanied by regulatory framework for sanctions against the blacklisted jurisdictions, including, but not limited to, the possibility of reviewing and, in the last resort, suspending free trade agreements and prohibiting access to Union funds; calls for the sanctions to apply also to companies, banks, accountancy, law firms and tax advisers proven to be involved with those jurisdictions or to have facilitated tax and corporate arrangements to other companies involving legal vehicles in those jurisdictions;

Amendment 18 #

Emilian PAVEL, Cătălin Sorin IVAN, Iliana IOTOVA

Motion for a resolution
Paragraph 2 b (new)

2b. Calls on the Commission to draw up a genuine strategy to prevent and fight corruption in the EU as a matter of priority;

Amendment 180 #

Iliana IOTOVA, Tanja FAJON, Caterina CHINNICI, Hugues BAYET

Motion for a resolution
Paragraph 23 a (new)

23a. Notes the Commission's intention to propose a revision to the 4th Anti- money laundering Directive. Calls on the Commission, in that revision, to ensure that registries of beneficial owners cover all forms of legal entities, including trusts, and provide adequate transparency guarantees with regard to the information contained in those registries;

Amendment 181 #

Motion for a resolution
Paragraph 23 a (new)

23a. Calls on the Commission to raise awareness of the serious effects of enabling corruption, to consider the possibility of a comprehensive plan to deter asset transfers to non-EU countries that serve as anonymity protectors for corrupt individuals, and to reconsider its economic and diplomatic ties with these countries;

Amendment 182 #

Motion for a resolution
Paragraph 23 a (new)

23a. Recalls that cybercrime is frequently used as a means of money laundering and counterfeiting; points out that it constitutes an important source of revenue for many criminal groups and that European legislation in this regard must be reinforced;

Amendment 183 #

Motion for a resolution
Paragraph 23 b (new)

23b. Points out that cybercrime is closely linked to cross-border crime and calls on the Member States to strengthen their cooperation in this regard;

Amendment 184 #

Motion for a resolution
Paragraph 24

24. Points out that the complex activities of criminal organisations often prepare the ground for identity-based terrorism; recalls that, according to the United Nations Office on Drugs and Crime (UNODC), drugs trafficking, the movement of illegal firearms, transnational organised crime and money laundering have become an integral part of terrorism; believes that if the fight against terrorism is to be effective, EU legislation on combating organised crime needs to be strengthened;

Amendment 185 #

Motion for a resolution
Paragraph 24

24. Points out that ~~the complex activities of criminal organisation~~participation in criminal activities often prepare the ground for ~~identity-based~~later involvement in terrorismt group; believes that if the fight against terrorism is to be effective, EU legislation on combating organised crime needs to be strengthened, also considering the existing links between terrorist and organized criminal group, based on mutual benefit;

Amendment 186 #

Motion for a resolution
Paragraph 24

24. Points out that the complex activities of criminal organisations often prepare the ground for identity-based terrorism; believes that if the fight against terrorism is to be effective, EU legislation on combating organised crime and money- laundering needs to be strengthened;

Amendment 187 #

Motion for a resolution
Paragraph 24

24. Points out that the complex activities of criminal organisations ~~often prepare the ground for identity-based~~may be linked to terrorismt crimes; believes that if the fight against terrorism is to be effective, EU legislation on combating organised crime needs to be strengthened;

Amendment 188 #

Motion for a resolution
Paragraph 24 a (new)

24a. Calls for a thorough study on the security risks related to the links between terrorism and massive migration flows;

Amendment 189 #

Motion for a resolution
Paragraph 25

25. Condemns the way in which organised crime has infiltrated the bodies responsible for managing funds for the reception of migrants, and calls for specific measures to combat trafficking in human beings, which is ~~mostly~~ conducted by c~~riminal group~~omplex networks of criminal groups located in Countries of origin, transit and destination of the victims;

Amendment 19 #

Motion for a resolution
Paragraph 2 c (new)

2c. Notes that financial crime (fraud, money laundering, corruption) is one area in which legal texts could be adopted with a view to laying down common definitions and harmonising penalties, using Article 83 TFEU as the legal basis;

Amendment 190 #

Motion for a resolution
Paragraph 25

25. Condemns the way in which organised crime has infiltrated the bodies responsible for managing funds for the reception of migrants, and calls for specific measures to combat smuggling and trafficking in human beings, which is mostly conducted by criminal groups;

Amendment 191 #

Motion for a resolution
Paragraph 25 a (new)

25a. Recommends that Member States strive to ensure efficient transparency, monitoring and accountability mechanisms in their use of EU funds; whereas the positive impact of the EU funds rely on processes at national and EU level to ensure transparency, effective monitoring and accountability, consideration should be given as to how to make monitoring and evaluation ongoing processes and not only ex-post processes. Believes the role of the Court of Auditors should be strengthened in that regard;

Amendment 192 #

25a. Notes with concern that, by means of the fraudulent use of the Internet, criminal organisations have succeeded in increasing the volume of their illicit trafficking; recalls that cyber-crime has a direct adverse impact on citizens themselves, who are often unwitting victims of fraud or theft of personal data; calls on Member States to step up police cooperation relating to IT crime;

Amendment 193 #

Motion for a resolution
Paragraph 25 a (new)

25a. Instructs its Committee on Civil Liberties, Justice and Home Affairs to follow up on the recommendations made in its resolutions on the fight against corruption; calls the Committee on Civil Liberties, Justice and Home Affairs to assess, within two years, the legislative actions taken by the European Commission in this area, in light of the above recommendations;

Amendment 194 #

Motion for a resolution
Paragraph 25 a (new)

25a. Considers it necessary to have Europe-wide rules whereby all sources of financing for political parties would be checked and monitored so as to ensure that they were legal;

Amendment 195 #

Iliana IOTOVA, Tanja FAJON, Emilian PAVEL, Hugues BAYET

Motion for a resolution
Paragraph 25 a (new)

25a. Calls on the Commission to present a European Agenda on fighting corruption, organised crime and money laundering, based on the same principle and model, as the Agendas on Migration and Security;

Amendment 196 #

Motion for a resolution
Paragraph 25 b (new)

25b. Points out that the recent influx of refugees and the migration pressure at EU extremal borders are creating opportunities for criminal organisations and individuals to exploit various means of gaining entry, including schemes relying on corruption, and that the EU needs to be particularly alert to this danger;

Amendment 197 #

Motion for a resolution
Paragraph 25 b (new)

25b. Believes qualitative and quantitative indicators should be established and be comparable in order to measure the impact of EU funds and help to assess whether those funds achieved their objectives. Quantified data should be systematically collected and published;

Amendment 198 #

Motion for a resolution
Paragraph 25 c (new)

25c. Points to the need to set up systems for detecting sources of foreign investment in the EU, in particular when the object is to acquire assets or stakes in companies;

Amendment 199 #

Motion for a resolution
Paragraph 25 c (new)

25c. Emphasises the urgent need to address the severe labour exploitation of migrant workers in the Union; recognises that the lack of regular migration channels and barriers to access justice are among the root causes of human trafficking; and notes that the Employers' Sanctions Directive includes important provisions to address labour exploitation of irregularly residing third country nationals but that such provisions are reliant on the existence of fair, effective, and accessible complaint mechanisms at national level and that such implementation remains minimal;

Amendment 2 #

Motion for a resolution
Citation 11 a (new)

- having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law;

Amendment 20 #

Motion for a resolution
Subheading 2

~~Monitoring the application of existing rules~~Arranging for the correct transposition of existing rules, monitoring their application and assessing whether they are effective

Amendment 200 #

Motion for a resolution
Paragraph 25 d (new)

25d. Recognises that the discrepancies between Member States regarding protection from labour exploitation under criminal law reflect a lack of clear standards; reiterates the recommendations of the EU Fundamental Rights Agency regarding the need to strengthen the current legal framework to protect workers from exploitation, and for an EU-level consensus which states that labour exploitation is unacceptable and that all workers are entitled to effective protection.

Amendment 21 #

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Commission to put in place a European action plan to combat organised crime, corruption and money laundering;

Amendment 22 #

Monika HOHLMEIER, Barbara MATERA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 3 a (new)

3a. Encourages Member States to swiftly transpose the 4th Anti-Money Laundering Directive

Amendment 23 #

Louis MICHEL, Gérard DEPREZ

Motion for a resolution
Paragraph 4

4. Calls for the Commission to complete, as soon as possible, its assessment of the measures taken to transpose these instruments, to inform Parliament in full of the findings and, if necessary, to initiate infringement proceedings; calls on the Commission, in particular, to submit a report assessing the transposition of Framework Decision 2008/841/JHA on the fight against organised crime and Directive 2008/99/EC on the protection of the environment through criminal law;

Amendment 24 #

Motion for a resolution
Paragraph 4 a (new)

4a. Reminds the Commission that it should report on the progress made in implementing the EU Action Plan on Drugs (2013-2016); calls on the Commission to propose on that basis a new action plan for the period 2017-2020;

Amendment 25 #

Louis MICHEL, Gérard DEPREZ

Motion for a resolution
Paragraph 4 a (new)

4a. Recommends that a study be made of the national bodies of law which are most advanced in terms of fighting organised crime and corruption, in order to develop European legislation which is effective and pioneering;

Amendment 26 #

Motion for a resolution
Paragraph 4 b (new)

4b. Recalls that with respect to trafficking in human beings the European Union has established a specific legal and political framework to optimise cooperation and make trafficking a priority for bodies and agencies such as Europol and Eurojust; welcomes the conclusions of the first report on progress made in the fight against trafficking in human beings; calls on the Commission to draw up, on that basis and as rapidly as possible, a strategy for the post-2016 period;

Amendment 27 #

Motion for a resolution
Paragraph 5

~~5. Recommends that the EU become a member of GRECO;~~deleted

Amendment 28 #

Motion for a resolution
Paragraph 5

5. ~~Recommends that the EU become a~~ Urges the Commission to submit to the Parliament as soon as possible a progress report on the preparations for the EU-membership of GRECO and to provide in this report a survey of the legal challenges and possible solutions in this respect;

Amendment 29 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 5

5. Recommends that the EU become a member of GRECO and request participation in the Open Government Partnership;

Amendment 3 #

Motion for a resolution
Citation 21 a (new)

- having regard to the judgment of the European Court of Justice in the Case C-105/14, (Taricco and others), where the Court stated that the concept of "fraud" as defined in Article 1 of the Convention on the Protection of the European Communities' Financial Interests covers revenue derived from VAT,

Amendment 30 #

Motion for a resolution
Paragraph 5

5. Recommends that the EU become a member of GRECO and thus comply with the requirement laid down in the Treaties;

Amendment 31 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Commission to submit as soon as possible its second anti- corruption report, which ought to have been published at the beginning of 2016; calls on the Commission, in this context, to include a chapter concerning corruption at the European Union Institutions;

Amendment 32 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 5 a (new)

5a. Regrets that the European Commission has not yet published its 2nd Anti-Corruption Report, which is due to be issued in 2016;

Amendment 33 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls upon the Commission to support the UN Office on Drugs and Crime in its efforts to monitor the implementation of the UN Convention against Corruption, by meeting the EU's own reporting obligations as well as by co-funding UNODC's projects for technical assistance, whenever relevant;

Amendment 34 #

Motion for a resolution
Paragraph 5 b (new)

5b. Stresses that proposals for EU substantive criminal law provisions must fully respect the principles of subsidiarity and proportionality; recalls that criminal law must fully respect the fundamental rights of suspected, accused or convicted persons. Emphasises that in this respect it is not sufficient to refer to abstract notions or to symbolic effects, but that the necessity of new substantive criminal law provisions must be demonstrated by the necessary factual evidence making it clear that: - the criminal law provisions focus on conduct causing significant pecuniary or non-pecuniary damage to society, individuals or a group of individuals; - there are no other, less intrusive measures available for addressing such conduct; - the crime involved is of a particularly serious nature with a cross-border dimension or has a direct negative impact on the effective implementation of a Union policy in an area which has been subject to harmonisation measures; - there is a need to combat the criminal offence concerned on a common basis, i.e. that there is added practical value in a common EU approach, taking into account, inter alia, how widespread and frequent the offence is in the Member States, and - in conformity with Article 49(3) of the EU Charter on Fundamental Rights, the severity of the proposed sanctions is not disproportionate to the criminal offence;

Amendment 35 #

Motion for a resolution
Paragraph 6

6. C~~alls for Member States to invest more heavily in fostering a culture of legality;~~ onsidering that the legislative proposals for strengthening the rights of suspects or accused persons in criminal proceedings as foreseen in the Stockholm Programme have almost all been dealt with, invites the Commission to come up with additional legislative initiatives, inter alia, with respect to pre-trial detention, in order to ensure the right to fair trial, as recognised in the European Convention on Human Rights and the Charter on Fundamental Rights;

Amendment 36 #

Motion for a resolution
Paragraph 6

6. Calls for Member States to invest more heavily in fostering a culture of legality; to this end, recommends that the European Commission annually monitors the fight against organized crime and corruption in all Member States and publishes annual reports and recommendations;

Amendment 37 #

Salvatore Domenico POGLIESE

Motion for a resolution
Paragraph 6

6. Calls for Member States to invest more heavily in fostering a culture of legality, particularly considering that the first and most effective form of prevention consists in educating new generations of EU citizens;

Amendment 38 #

Motion for a resolution
Paragraph 6

6. Calls for Member States to invest more heavily in the culture of legality, particularly by promoting specific actions at schools;

Amendment 39 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 6 a (new)

6a. Stresses that, in order to fight corruption effectively and ensure lasting outcomes, the EU and Member States need to adopt a political strategy and a list of priorities, which may comprise not only legislative action but also a set of concrete benchmarks that Member States commit to attain in order to tackle corruption in the public and private sector and organised crime; takes the view that these targets and benchmarks should be holistic, comprising at least measures to improve transparency of public acts, access to information, public officials' asset disclosure, judicial capacity and technical assistance, whistleblower protection and mechanisms for citizen engagement in decision-making;

Amendment 4 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Citation 23 a (new)

- having regard to the proposal for a directive of the European Parliament and the Council on combatting terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism

Amendment 40 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 6 a (new)

6a. Notes that the phenomena of organised crime, corruption and money laundering usually have a cross-border dimension that requires close cooperation in between the competent national authorities and between national authorities and the relevant EU agencies;

Amendment 41 #

Motion for a resolution
Paragraph 6 a (new)

6a. Considers that police and judicial cooperation through an exchange of information among national authorities is essential in order to take effective measures to fight corruption and organised crime;

Amendment 42 #

Iliana IOTOVA, Emilian PAVEL, Tanja FAJON, Caterina CHINNICI, Hugues BAYET

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission to publish its second Anti-corruption Report without delay.

Amendment 43 #

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission to launch specific actions to enhance European cooperation in the fight against organised crime, corruption and money laundering and to raise awareness of the human, social and economic damage inflicted by these activities;

Amendment 44 #

Monika HOHLMEIER, Barbara MATERA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 6 b (new)

6b. Recalls that the increasing convergence and nexus between organised crime and terrorism and the links between criminal and terrorist groups constitute an increased threat to the Union. Calls on the Member States to ensure that the financing and support of terrorist crimes by means of organised crime is made punishable and that the interlinks of organised crime and terrorist activities and terrorist financing are more explicitly taken into account by the authorities of the Member States involved in criminal proceedings.

Amendment 45 #

Iliana IOTOVA, Tanja FAJON, Emilian PAVEL, Ana GOMES, Birgit SIPPEL, Hugues BAYET

Motion for a resolution
Paragraph 6 b (new)

6b. Calls on the Commission to look into how to combine the various monitoring mechanisms at Union level, including the Cooperation and Verification mechanism, the EU Anti- Corruption Report, the EU Justice Scoreboard, into a broader rule of law monitoring framework which could be applied to all 28 Member States.

Amendment 46 #

Motion for a resolution
Paragraph 6 b (new)

6b. Calls on the Member States properly to transpose the European Parliament and Council directive on the European Investigation Order in criminal matters, an instrument with a key role to play in strengthening police and judicial cooperation in the EU;

Amendment 47 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 6 c (new)

6c. Stresses that illicit trade in firearms, oil, drugs, cigarettes and counterfeit goods and artworks and other cultural objects by networks of organised crime have become very lucrative ways for terrorist groups to obtain funding. Calls on the Member States to take necessary measures, while avoiding undue administrative burden for economic actors, to ensure that terrorist groups and criminal networks may not benefit from any trading in goods; Considers that appropriate due diligence, monitoring and reporting requirements for goods whose trading is considered to be vulnerable to terrorist financing could have a preventative effect by materially impairing the trading activities of organised criminal groups and terrorist groups and by helping to track and prosecute organised crime and other commercial activities of terrorist organisations and criminal crime networks more effectively.

Amendment 48 #

Motion for a resolution
Paragraph 6 c (new)

6c. Points out that the European growth strategy, Europe 2020, depends on institutional factors such as controlling corruption;

Amendment 49 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 6 d (new)

6d. Points out that money laundering through complex company structures and their integration to legal economic activity can be a threat for the public order of the state; calls on Member States to establish measures, without unduly burdening small and medium sized enterprises, to increase the transparency of monetary actions and to improve the traceability of transactions back to natural persons in order to trace down criminal and terrorist funding ("follow the money" principle). Calls on Member States to take measures which make it more difficult to create complex and dense structures of interlocked companies which by the fact that they tend to be non-transparent can be abused for the financing of criminal or terrorist activities and other serious crimes;

Amendment 5 #

Motion for a resolution
Recital A (new)

A. whereas organised crime is a global threat which therefore necessitates a common, coordinated response by the EU and its Member States;

Amendment 50 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 6 e (new)

6e. Reiterates the call expressed in its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken, for the adoption of European Action Plan to eradicate organised crime, corruption and money laundering. Stresses that, in order to ensure its effectiveness, the plan should have adequate financial resources and qualified staff;

Amendment 51 #

Motion for a resolution
Paragraph 7

7. Takes the view that the current round of EU proposals concerning the fight against organised crime should place the emphasis on combating crimes of association (i.e. the fact of belonging to a criminal organisation), rather than simply combating so-called target crimes (i.e. crimes which such organisations are set up to commit); in particular, considers it necessary to make membership of a criminal organisation a criminal offence, separately from the commission of target crimes; reiterates that this round of proposals should also include combating money laundering among its priorities;

Amendment 52 #

Motion for a resolution
Paragraph 7

7. Takes the view that the current round of EU proposals concerning the fight against organised crime should place the emphasis on combating crimes of association (i.e. the fact of belonging to a criminal organisation), rather than simply combating so-called target crimes (i.e. crimes which such organisations are set up to commit); reiterates that this round of proposals should also include the combating of money laundering among its priorities; moreover calls for the creation of an European Anti-Corruption Strategy with accompanying legislative proposals;

Amendment 53 #

Motion for a resolution
Paragraph 7

7. Takes the view that the current round of EU proposals concerning the fight against organised crime should place ~~the~~special emphasis on ~~combating crimes of association (i.e. the fact of belonging to~~the aspect of membership of a criminal organiszation~~), rather than simply combating so-called target crimes (i.e. crimes which such organisations are set up to commit)~~ as aggravating circumstance or as separate criminal offence; reiterates that this round of proposals should also include the combating of money laundering among its priorities;

Amendment 54 #

Motion for a resolution
Paragraph 7

7. Takes the view that the current round of EU proposals concerning the fight against organised crime should place the emphasis on combating crimes of association (i.e. the fact of belonging to a criminal organisation), rather than simply combating so-called target crimes (i.e. crimes which such organisations are set up to commit); reiterates that this round of proposals should also include combating money laundering, corruption and human trafficking among its priorities;

Amendment 55 #

Motion for a resolution
Paragraph 9

9. Calls for the establishment of a specialist Europol unit to combat organised criminal groups which operate in several sectors at the same time; takes the view that the Member States should set up a body with responsibility for ensuring that investigations into organised crime are properly coordinated; calls for infrastructure to be streamlined with a view to guaranteeing secure communication and effective use of all Europol’s existing instruments; calls for better cooperation in the exchange and collection of information with Member States and third countries; calls for better communication with non-Member States and for cooperation agreements to be reached, in particular with neighbouring third countries;

Amendment 56 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 9

9. Calls for the establishment of a specialist Europol unit to combat organised criminal groups which operate in several sectors at the same time~~; t~~ and via the Internet on a large scale; Stresses the necessity of Member States to exchange information about organized crime networks with each other and via Europol and Eurojust; Takes the view that the Member States should set up a body with responsibility for ensuring that investigations into organised crime are properly coordinated;

Amendment 57 #

Ana GOMES, Dennis de JONG, Elly SCHLEIN, Marian HARKIN, Benedek JÁVOR, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 9

9. Calls for the establishment of a specialist Europol unit to combat organised criminal groups which operate in several sectors at the same time; takes the view that the Member States should set up ~~a body with responsibility for~~secure and effective mechanisms in the current institutional framework to ensur~~ing~~e that investigations into organised crime are properly coordinated and that mutual trust among law enforcement authorities in Member States is fostered;

Amendment 58 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 9 a (new)

9a. Calls on the Commission and on Member States to provide Europol and Eurojust with more staff and resources in order for them to be able to fulfil their increasing mandate and to better coordinate efforts made by national authorities in the fight against organised crime and terrorism;

Amendment 59 #

Motion for a resolution
Paragraph 9 a (new)

9a. Refers to the emerging trend of raids of shops by organised groups of criminals who work cross-border in the European Union and calls for special attention of both Member States and Europol for this particular form of organised crime;

Amendment 6 #

Motion for a resolution
Recital B (new)

B. whereas we still do not fully understand the complex issue of organised crime and the danger arising from the infiltration of criminal associations into the social, economic, business, political and institutional fabric of the Member States;

Amendment 60 #

Motion for a resolution
Paragraph 9 a (new)

9a. Welcomes the presentation by the Commission of an action plan against illicit trafficking in and use of firearms and explosives; insists on the need to implement this action plan without delay;

Amendment 61 #

Louis MICHEL, Gérard DEPREZ

Motion for a resolution
Paragraph 9 b (new)

9b. Regrets that the European Commission has not yet published its second Anti-Corruption Report, which is due to be issued in 2016, and re-iterates its point of view that this report should not be confined to the situation in the Member States but should also include a section on the measures against corruption taken by the European institutions themselves;

Amendment 62 #

Motion for a resolution
Paragraph 9 b (new)

9b. Calls on the Member States to systematically exchange all data deemed necessary and relevant concerning persons linked with organised crime held in the Europol and Schengen Information System databases so as to allow real-time analysis and the conduct of cross-border operations;

Amendment 63 #

Motion for a resolution
Paragraph 9 c (new)

9c. Calls on the Member States to systematically exchange all PNR data deemed necessary and relevant concerning persons linked with organised crime;

Amendment 64 #

Motion for a resolution
Subheading 4

A stronger legislative framework in the area of organized crime and protection of the financial interest of the European Union

Amendment 65 #

Motion for a resolution
Paragraph 10 – introductory part

10. Calls for a basic set of rules to be drawn up concerning the definition of criminal offences and penalties in the field of organised crime and corruption, in order to improve cross-border judicial cooperation; calls, in particular, forupon the Commission to submit the following proposals:

Amendment 66 #

Motion for a resolution
Paragraph 10 – introductory part

10. Calls ~~for a basic set of rules to b~~on the Commission, on the basis of the assessment of the dtra~~wn up concerning the definition of criminal offences and penalties in the field of~~nsposition and application of the existing rules, to propose legislation to fill any gaps that may exist and to fight organised crime and corruption~~, in order to~~ more effectively and improve cross-border judicial cooperation; calls, in particular, for:

Amendment 67 #

Motion for a resolution
Paragraph 10 – point a

(a) a common definition of organised crime, which could be construed as being a structured group that has existed for a period of time and is made up of more than two persons who work together for the purpose of obtaining, directly or indirectly, a financial and/or material advantage, and which seriously undermines the social and economic cohesion of the EU and its Member States;deleted

Amendment 68 #

Motion for a resolution
Paragraph 10 – point a

(a) a new proposal to introduce stronger penalties and clarify the common definitions of crimes, including that of 'organised crime', which could be construed as being a structured group that has existed for a period of time and is made up of more than two persons who work together for the purpose of obtaining, directly or indirectly, any form of financial and/or material ~~advantage~~gain, and which seriously undermines the social and economic cohesion of the EU and its Member States;

Amendment 69 #

Motion for a resolution
Paragraph 10 – point a

(a) a common definition of organised crime, which distinguishes it clearly from the concept of a terrorist organisation, and which could be construed as being a structured group that has existed for a period of time and is made up of ~~more than two~~two or more persons who work together for the purpose of obtaining, directly or indirectly, a financial and/or material advantage, and which seriously undermines the social and economic cohesion of the EU and its Member States;

Amendment 7 #

Motion for a resolution
Recital C (new)

C. whereas organised criminal groups have shown a tendency and a strong ability to diversify their activities, adapting to different geographical areas and economic and social contexts and exploiting their weaknesses and vulnerabilities, simultaneously operating on different markets and taking advantage of the different laws in individual Member States to make their businesses prosper and to maximise profit;

Amendment 70 #

Motion for a resolution
Paragraph 10 – point a

(a) a common definition of organised crime, which could be construed as being a structured group that has existed for a period of time and is made up of more than two persons who work together for the purpose of illegally obtaining, directly or indirectly, a financial and/or material advantage, and which seriously undermines the social and economic cohesion of the EU and its Member States;

Amendment 71 #

Motion for a resolution
Paragraph 10 – point a a (new)

(aa) a common definition of complicity in Mafia or Mafia-type association, as one where those belonging to the association exploit the power of intimidation which their membership gives them, and the compliance and omertà - Code of silence- which membership entails and which lead to the committing of crimes, to obtain directly or indirectly the management or control of financial activities, concessions, permissions, enterprises and public services for the purpose of deriving profit or wrongful advantages for themselves or others;

Amendment 72 #

Motion for a resolution
Paragraph 10 – point a a (new)

(aa) submission of a new legislative proposal on organised crime of the Mafia type, taking into account the intimidatory force of association and the condition of subjection and the 'wall of silence' derived from it to commit offences, to directly or indirectly take over the management, or at least gain control, of economic activities, concessions, licences, public contracts and public services or to obtain unfair profits or advantages for oneself or others;

Amendment 73 #

Laura FERRARA

Motion for a resolution
Paragraph 10 – point b

~~(b) a definition of 'public official';~~deleted

Amendment 74 #

Monika HOHLMEIER, Barbara MATERA, Nuno MELO, Jeroen LENAERS

Motion for a resolution
Paragraph 10 – point b

~~(b) a definition of 'public official';~~deleted

Amendment 75 #

Iliana IOTOVA, Tanja FAJON, Emilian PAVEL, Caterina CHINNICI, Birgit SIPPEL, Hugues BAYET

Motion for a resolution
Paragraph 10 – point b

(b) a definition of 'public official'; to be adopted, bearing in mind that the Directive on the Protection of the Union's financial interests by means of criminal law ("PIF Directive") proposes to establish such a definition;

Amendment 76 #

Laura FERRARA

Motion for a resolution
Paragraph 10 – point c

~~(c) legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process;~~deleted

Amendment 77 #

Motion for a resolution
Paragraph 10 – point c

(c) a common legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process that includes the establishment of a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho-social counselling as a resettlement programme. Whistleblowing and filling of complaints generally cause the loss of job or deeply worsen the working conditions;

Amendment 78 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO

(c) a legislati~~on to protect~~ve proposal instituting common rules for the protection, in both the private and public sectors, of whistle- blowers, w~~itnesses and persons who cooperate with the judicial process~~ho report instances of national and transnational corruption affecting the financial interests of the EU;

Amendment 79 #

Motion for a resolution
Paragraph 10 – point c

(c) legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process including a definition of "whistle blowers";

Amendment 8 #

D. whereas criminal organisations have changed their modus operandi, availing themselves of the support of professionals, banks, civil servants and politicians who, although not members of the criminal organisation, support its activities at various levels;

Amendment 80 #

Motion for a resolution
Paragraph 10 – point c a (new)

(ca) common rules to protect witnesses and persons who cooperate with the judicial process and who report criminal and Mafia-type organisations, ensuring that they receive adequate support in the difficult circumstances of their lives;

Amendment 81 #

Motion for a resolution
Paragraph 10 – point c a (new)

(ca) a dedicated European witness protection programme;

Amendment 82 #

Motion for a resolution
Paragraph 10 – point d

(d) a revision of legislation to combat environmental crimes in order to monitor territory (including in cooperation with health establishments and/or universities: activation of soil and water pollution monitoring networks), measures against the activities of illegal waste disposal networks, promotion of forms of monitoring and penalties for businesses which dispose of waste illegally; making 'emerging pollutants', which are not yet recognised at Union level, illegal;

Amendment 83 #

Motion for a resolution
Paragraph 10 – point d a (new)

(da) Calls for the implementation of Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law. Invites the Member States to fully implement this directive, punishing with effective, proportionate and dissuasive criminal penalties any kind of unlawful behaviour having negative impacts on human health or the environment included: discharge, emission or introduction into air, soil or water of dangerous materials; burning of waste; illegal trade, collection and transport of hazardous waste. Invites Member States to consider waste combustion as a criminal offense punishable with criminal penalties, in the same way as those included in Directive 2008/99/EC.

Amendment 84 #

Iliana IOTOVA, Tanja FAJON, Birgit SIPPEL, Hugues BAYET

Motion for a resolution
Paragraph 10 – point d a (new)

(da) further alignment of the various legislative norms in criminal law matters, including minimum common penalties and sentences for the same crimes and offences.

Amendment 85 #

Motion for a resolution
Paragraph 10 – point d b (new)

(db) Invites, the EU Network for the Implementation and Enforcement of Environmental Law (IMPEL), to inform periodically the European Parliament about the actions of Member States in the implementation of Directive 2008/99/EC.

Amendment 86 #

Motion for a resolution
Paragraph 10 – point d c (new)

(dc) Whereas, according to environmental protection associations and NGOs wildlife and forest crime as well as the traffic and export of radioactive materials and hazardous waste to third countries plays a serious role financing organized crime, calls for a specific legislation to fight the export of radioactive materials, hazardous waste and the illegal trade in fauna and flora

Amendment 87 #

Motion for a resolution
Paragraph 10 a (new)

10a. Calls on the Commission to draft minimum rules concerning the definition of offences and penalties; calls, in particular, for: (a) a general definition of 'public official' which is horizontally applicable; (b) definitions of the crimes of fraud and corruption; recalls in this context that the negotiations on the PIF Directive are currently blocked within the Council and calls for them to be resumed without delay; (c) legislation and programmes to protect whistle-blowers, witnesses and persons who cooperate with the judicial process;

Amendment 88 #

Motion for a resolution
Paragraph 10 a (new)

10a. common definition of corruption

Amendment 89 #

Motion for a resolution
Paragraph 11

~~11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers;~~deleted

Amendment 9 #

Monika HOHLMEIER, Barbara MATERA, Roberta METSOLA, Nuno MELO

Motion for a resolution
Recital E (new)

E. whereas criminal organisations have demonstrated a high degree of adaptability also in using the benefits of the new technologies to their advantage;

Amendment 90 #

Iliana IOTOVA, Tanja FAJON, Emilian PAVEL, Ana GOMES, Caterina CHINNICI, Birgit SIPPEL, Hugues BAYET

Motion for a resolution
Paragraph 11

11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office ~~with clearly defined responsibilities and powers;~~, to be adopted as soon as possible with the participation of as many Member States as possible with clearly defined responsibilities and powers detailing how the new Office would complement and synergize the work of OLAF, Eurojust and the Member States, thus, preventing the overlapping of the spheres of competences of the different agencies and bodies

Amendment 91 #

Louis MICHEL

Motion for a resolution
Paragraph 11

11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers; calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle organised crime;

Amendment 92 #

Motion for a resolution
Paragraph 11

11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office as an essential piece of the action plan with clearly defined responsibilities and powers; calls on the Member States to provide the necessary human and financial resources for the creation of the EPPO;

Amendment 93 #

Motion for a resolution
Paragraph 11

11. Reiterates its call for the establishment of an independent and efficient European Public Prosecutor’s Office (EPPO) with clearly defined responsibilities and powers; in this regard, recall that the European Parliament expressed its position in its resolutions of 12 March 2014 and of 29 April 2015 on the proposal for a Council regulation on the establishment of the European Public Prosecutor's Office (COM(2013)0534 – 2013/0255(APP));

Amendment 94 #

Motion for a resolution
Paragraph 11

11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers; calls in particular for the inclusion of VAT fraud within the scope of its powers;

Amendment 95 #

Motion for a resolution
Paragraph 11

11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers, including in the fight against VAT fraud;

Amendment 96 #

Motion for a resolution
Paragraph 11

11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers and with adequate resources;

Amendment 97 #

Motion for a resolution
Paragraph 11 a (new)

11a. Calls once again for the establishment of a European Public Prosecutor's Office who shall be independent from national governments and the EU institutions, and protected from political influence and pressure; regrets the current state of affairs regarding the ongoing negotiations in the Council which are emptying the project of a European Prosecutor; urges, therefore, to turn back to the initial proposal of the Commission as a basis on which a new body can be built, with the full involvement of the European Parliament in the decision-making process; reiterates the need that the EPPO regulation include clear provisions regarding the respect for the rights of suspects or defendants, as enshrined in Article 6 TEU, the Charter of Fundamental Rights of the European Union, the ECHR, in those legislative measures already adopted at Union level on the procedural rights of suspects and persons accused in criminal proceedings and in the relevant international instruments for the protection of fundamental rights, as well as the protection of personal data;

Amendment 98 #