Next event: Commission response to text adopted in plenary 2018/11/13 more...
- Final act published in Official Journal 2018/11/12
- Draft final act 2018/10/24
- Final act signed 2018/10/23
- End of procedure in Parliament 2018/10/23
- Act adopted by Council after Parliament's 1st reading 2018/10/11
- Council Meeting 2018/10/11
- Results of vote in Parliament 2018/09/12
- Decision by Parliament, 1st reading 2018/09/12
- Debate in Parliament 2018/09/11
- Coreper letter confirming interinstitutional agreement 2018/06/07
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2018/01/17
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2018/01/15
- Committee report tabled for plenary, 1st reading 2017/12/20
- Vote in committee, 1st reading 2017/12/11
- Committee decision to open interinstitutional negotiations with report adopted in committee 2017/12/11
- Committee opinion 2017/11/07
- Committee opinion 2017/10/13
- Amendments tabled in committee 2017/10/12
- Committee opinion 2017/09/15
- Committee draft report 2017/09/11
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | CORRAO Ignazio ( EFDD) | HOHLMEIER Monika ( PPE), GOMES Ana ( S&D), MACOVEI Monica ( ECR), JEŽEK Petr ( ALDE), SARGENTINI Judith ( Verts/ALE), FONTANA Lorenzo ( ENF) |
Committee Opinion | DEVE | CORRAO Ignazio ( EFDD) | Nirj DEVA ( ECR), Judith SARGENTINI ( Verts/ALE), Lola SÁNCHEZ CALDENTEY ( GUE/NGL), Bogdan Brunon WENTA ( PPE) |
Committee Opinion | AFET | ||
Committee Opinion | ECON | JOLY Eva ( Verts/ALE) | Hugues BAYET ( S&D), Thomas MANN ( PPE), Marco VALLI ( EFDD) |
Committee Opinion | JURI | Virginie ROZIÈRE ( S&D) |
Lead committee dossier:
Legal Basis:
TFEU 083-p2
Legal Basis:
TFEU 083-p2Subjects
Events
PURPOSE: to subject money laundering to effective, proportionate and dissuasive criminal penalties in all Member States.
LEGISLATIVE ACT: Directive (EU) 2018/1673 of the European Parliament and of the Council on combating money laundering by criminal law.
CONTENT: the Directive establishes minimum rules on the definition of criminal offences and penalties in the field of money laundering. It complements and reinforces Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing.
The main elements of the Directive are as follows:
European definitions of crimes related to money laundering
Member States shall have to ensure that all offences punishable by imprisonment under the Directive are considered predicate offences for money laundering. Tax crimes relating to direct and indirect taxes are included in the definition of criminal activity, in accordance with the revised recommendations of the Financial Action Task Force (FATF).
Money laundering offences
The Directive criminalises any act of money laundering if committed intentionally and with the knowledge that the property was derived from criminal activity. Being an accomplice, inciting and attempting to commit a money laundering offence shall also constitute a criminal offence punishable by penalties.
As the Directive provides for minimum rules on the definition of criminal offences and penalties in the field of money laundering, Member States shall be free to adopt or maintain stricter criminal rules in this field.
Sanctions against natural persons
Money laundering activities shall be punishable by a maximum term of imprisonment of at least 4 years, and judges may impose additional measures and sanctions such as fines, exclusion from access to finance, temporary prohibition from engaging in commercial activity or running for elected office or from holding public office.
Aggravating circumstances shall be recognised in cases involving criminal organisations or for offences committed in the exercise of certain professional activities.
Legal perons
The Directive also provides for the possibility of holding legal persons liable for certain money laundering activities and applying a series of sanctions to them, such as exclusion from public aid, placing them under judicial supervision, a judicial winding-up measure or the temporary or permanent closure of the establishment used to commit the offence.
Judicial and police cooperation
The Directive removes obstacles to cross-border judicial and police cooperation by introducing common provisions to improve the conduct of investigations.
In cross-border cases, the new rules establish more precisely which Member State exercises jurisdiction and define cooperation between the Member States concerned, as well as how to involve Eurojust. Where an offence falls within the jurisdiction of more than one Member State, the Member States concerned shall cooperate to decide which of them will prosecute the offender with the aim of centralising prosecution in a single Member State.
ENTRY INTO FORCE: 2.12.2018.
TRANSPOSITION: no later than 3.12.2020.
The European Parliament adopted by 634 votes to 46, with 24 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on countering money laundering by criminal law.
The proposed Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of money laundering.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
European definitions of crimes related to money laundering : Member States shall consider any offence set out in those legal acts as constituting a predicate offence for money laundering.
The definition of 'criminal activity' within the meaning of the Directive means any kind of criminal involvement in the commission of any offence punishable, in accordance with national law, by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal systems, any offence punishable by deprivation of liberty or a detention order for a minimum of more than six months.
The definition of ‘criminal activity’ shall include any type of criminal participation in committing the offences provided for in Directive 2017/541 on combating terrorism as well as criminal tax crimes related to direct and indirect taxes, as defined by national law.
Money laundering offences : under the Directive, any act of money laundering shall be criminalised if committed intentionally and with the knowledge that the property was derived from criminal activity . Being an accomplice, inciting and attempting to commit a money laundering offence shall also constitute a criminal offence punishable by penalties.
Sanctions : in order to deter money laundering throughout the Union, Member States shall ensure that it is punishable by a maximum term of imprisonment of at least four years .
Member States shall also provide for additional sanctions or measures, such as (i) fines, (ii) temporary or permanent exclusion from access to public funding, including tendering procedures, grants and concessions, (iii) temporary prohibition from engaging in commercial activity or (iv) temporary bans on running for elected office or public office.
Legal persons shall be held liable for any offence referred to in the Directive when committed for their benefit.
Confiscation : Member States shall take the necessary measures to ensure, as appropriate, that their competent authorities freeze or confiscate in accordance with Directive 2014/42/EU , the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offences.
Jurisdiction : where an offence falls within the jurisdiction of more than one Member State and where any of the Member States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offender, with the aim of centralising proceedings in a single Member State.
Investigative tools : sufficient staff and targeted training, as well as resources and up-to-date technological capacity, should be made available to the investigative services.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Ignazio CORRAO (EFDD, IT) on the proposal for a directive of the European Parliament and of the Council on countering money laundering by criminal law.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.
Objective and scope : Members stressed the need for a strengthened Union legal framework making it possible to deal more effectively with terrorist funding and to reduce the threat from terrorist organisations by making it harder for them to finance their activities.
The definition of ‘ criminal activity’ within the meaning of the Directive shall include any type of criminal involvement in carry out the offences set out in Directive (EU) 2017/541 on combating terrorism and related criminal tax offences, direct and indirect taxes, as defined by national law.
Members pointed out that Member States shall ensure that certain types of money laundering activity are also punishable when committed by the perpetrator of the criminal activity through which the property was obtained (“self-laundering”).
Sanctions applicable to natural persons : whereas the Commission proposed that money laundering offences should be punishable by a maximum term of imprisonment of at least four years, at least in serious cases, Members considered that the offences shall be punishable by a maximum term of imprisonment of at least five years and a minimum term of imprisonment of at least two years where one of the aggravating factors referred to in the Directive applies.
Incitement, aiding and abetting, and attempt : each Member State shall ensure that inciting, aiding and abetting and attempting an offence 3 shall be punishable by a maximum term of imprisonment of at least three years .
Penalties for natural persons : each Member State shall also ensure that the offences may be punishable, at the judge’s discretion, by complementary, temporary or permanent sanctions including: (a) a ban on entering into contracts with public authorities; (b) a disqualification from the practice of certain commercial activities; and (c) a ban on running for elected offices.
As for legal persons , they could be excluded from the entitlement to public aid or benefits, in particular from European Union programmes or funds, or be banned, temporarily or permanently, from concluding contracts with the public authorities.
Aggravating circumstances : the following shall be qualified as an aggravating circumstance:
the money or property that is being laundered derives from terrorist activities or arms trafficking or the purpose of the laundering is to finance terrorist activities or arms trafficking; the offence was committed in whole or in part on the territory of a non-cooperative jurisdiction listed by the Union; the offender is a politically exposed person; the property or money being laundered is of a value equal to or exceeding EUR 500 000.
Confiscation of property and of the proceeds of criminal activities : each Member State shall provide for the confiscation of all property and proceeds derived from, and instrumentalities used or intended to be used in the commission of, any criminal activity as defined in this Directive. They shall take the necessary measures to ensure cooperation in the freezing and confiscation of property derived from, and instrumentalities used or intended to be used in the commission or contribution to the commission of, any of the offences.
Jurisdiction : where an offence falls within the jurisdiction of more than one Member State and where any of the Member States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offender, with the aim of centralising proceedings in a single Member State.
Investigative tools : sufficient personnel and adequate targeted training, resources and technological capacity shall be made available to the services responsible for investigating or prosecuting the offences.
Lastly, Member States are called on to take the necessary measures to improve data exchange and cooperation within the Union and to increase cooperation with third countries and international organisations countering money laundering and terrorist financing.
PURPOSE: to tackle money laundering by means of criminal law, allowing for better cross-border cooperation between competent authorities.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: according to United Nations estimates, the total amount of criminal proceeds in 2009 was approximately USD 2.1 trillion, or 3.6 % of global GDP . The size of proceeds from criminal activity in the main illicit markets in the European Union for which evidence is available, has been estimated to amount to EUR 110 billion .
The cross-border dimension of money laundering and the need to address this phenomenon through judicial cooperation among Member States are confirmed by the number of cases registered by Member States and Liaison Prosecutors at Eurojust.
The Commission considers that the current legislative framework is neither comprehensive nor sufficiently coherent to be fully effective. The differences in legal frameworks can be exploited by criminals and terrorists, who can choose to carry out their financial transactions where they perceive anti-money laundering measures to be weakest.
At the operational level, the differences in the definitions, scope and sanctions of money laundering offences affect cross-border police and judicial cooperation between national authorities and the exchange of information.
The European agenda on security adopted in April 2015 called for additional measures in the area of terrorist financing and money laundering.
The Commission presented on 2 February 2016 an action plan to further step up the fight against the financing of terrorism. One of the key actions of the action plan was to consider a possible proposal for a Directive to introduce minimum rules regarding the definition of the criminal offence of money laundering (applying it to terrorist offences and other serious criminal offences) and to approximate sanctions.
The European Parliament resolution of 25 October 2016 on the fight against corruption also pointed out that participation in criminal activities may be linked to terrorist crimes and called for a reinforcement of EU legislation on combating organised crime and money-laundering for the fight against terrorism to be effective.
CONTENT: this proposal for a Directive aims to counter money laundering by means of criminal law. It aims to achieve this objective by implementing international obligations in this area and further aligning it with the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the Financial Action Task Force (FATF).
The proposed Directive:
establishes minimum rules concerning the definition of criminal offences and sanctions in the area of money laundering offences: the proposal provides definitions of the term "criminal activity" which constitute predicate offences for money laundering, while allowing Member States to maintain different approaches as regards predicate offences for money laundering (choosing between an all-crimes approach, lists of predicate offences, list of offences with a minimum penalty); provides that the three types of money laundering (conversion or transfer, concealment or disguise, and acquisition, possession or use) should be criminalised when committed intentionally; requires Member States to criminalise forms of aiding and abetting, inciting and attempting many of the mentioned offences . Aiding and abetting a money laundering offence may include a large variety of activities that range from facilitating or providing counselling to the provision of supportive services for the commission of these acts; requires Member States to apply effective, proportionate and dissuasive criminal penalties and sets the minimum maximum penalty at four years of imprisonment, at least for serious cases; qualifies aggravating circumstances as when the offence was committed within a criminal organisation or when the perpetrator abused their professional position to enable money laundering, this is considered an aggravating circumstance; requires Member States to ensure the liability of legal persons , while that such liability is alternative to that of natural persons; aims at ensuring that investigative tools which are provided for in national law for organised crime or other serious crime cases can also be used in cases of money laundering.
Documents
- Commission response to text adopted in plenary: SP(2018)724
- Final act published in Official Journal: Directive 2018/1673
- Final act published in Official Journal: OJ L 284 12.11.2018, p. 0022
- Draft final act: 00030/2018/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0339/2018
- Debate in Parliament: Debate in Parliament
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)005739
- Committee report tabled for plenary, 1st reading: A8-0405/2017
- Committee opinion: PE613.264
- Committee opinion: PE608.037
- Amendments tabled in committee: PE612.169
- Committee opinion: PE604.691
- Committee draft report: PE609.515
- Contribution: COM(2016)0826
- Contribution: COM(2016)0826
- Contribution: COM(2016)0826
- Debate in Council: 3528
- Legislative proposal published: COM(2016)0826
- Legislative proposal published: EUR-Lex
- Committee draft report: PE609.515
- Committee opinion: PE604.691
- Amendments tabled in committee: PE612.169
- Committee opinion: PE608.037
- Committee opinion: PE613.264
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)005739
- Draft final act: 00030/2018/LEX
- Commission response to text adopted in plenary: SP(2018)724
- Contribution: COM(2016)0826
- Contribution: COM(2016)0826
- Contribution: COM(2016)0826
Activities
- Ana GOMES
Plenary Speeches (1)
- Petr JEŽEK
Plenary Speeches (1)
- Paloma LÓPEZ BERMEJO
Plenary Speeches (1)
- Monica MACOVEI
Plenary Speeches (1)
- Morten MESSERSCHMIDT
Plenary Speeches (1)
- Emilian PAVEL
Plenary Speeches (1)
Amendments | Dossier |
71 |
2016/0414(COD)
2017/07/13
JURI
71 amendments...
Amendment 13 #
Proposal for a directive Recital 1 Amendment 14 #
Proposal for a directive Recital 1 (1) Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union. In order to tackle those problems and also complement and reinforce the application of Directive 2015/849/EU34 , this Directive aims to tackle money laundering by means of criminal law, allowing for better cross-
Amendment 15 #
Proposal for a directive Recital 2 Amendment 16 #
Proposal for a directive Recital 3 Amendment 17 #
Proposal for a directive Recital 4 a (new) (4a) According to available evidence, criminal proceeds of around EUR 110 billion 1a have been injected into the main illicit markets of the European Union, while only a small fraction thereof has been recovered 2a. A stronger EU legal framework would therefore help to tackle terrorist funding more effectively and reduce the threat from terrorist organisations by making it harder for them to to finance their activities.
Amendment 18 #
Proposal for a directive Recital 5 (5) The definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the Member States. Member States should
Amendment 19 #
Proposal for a directive Recital 5 (5) The definition of criminal activities which constitute predicate offences for money laundering should be sufficiently
Amendment 20 #
Proposal for a directive Recital 7 (7) This Directive should not apply to money laundering as regards property derived from offences affecting the Union's financial interests, which is subject to specific rules as laid down in Directive 2017/XX/EU
Amendment 21 #
Proposal for a directive Recital 8 (8)
Amendment 22 #
Proposal for a directive Recital 9 (9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there. This should not be interpreted as limiting the right to a fair trial.
Amendment 23 #
Proposal for a directive Recital 9 (9) In order for criminal proceedings against money laundering to be an effective tool
Amendment 24 #
Proposal for a directive Recital 9 a (new) (9 a) It is in the interest of justice that persons accused of an offence under Articles 3 and 4 of this Directive have a real opportunity to present their case and challenge the charges against them, and have access to the submissions and evidence against them.While the cases concerning terrorism and the financing of terrorism are of serious nature, there is an overriding imperative to disclose to individuals the essence of the case against them when they face the prospect of coercive measures by the State, so that they can give effective instructions to their lawyer or to the special lawyer.This Directive should also adhere to the principle of equality of arms between the parties.
Amendment 25 #
Proposal for a directive Recital 10 (10) This Directive aims to criminalise money laundering when committed intentionally
Amendment 26 #
Proposal for a directive Recital 11 Amendment 27 #
Proposal for a directive Recital 11 (11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed.
Amendment 28 #
Proposal for a directive Recital 11 a (new) (11a) Member States should ensure that judges or courts may take into account aggravating circumstances as defined in this Directive when determining sentences for offenders, although there is no obligation to increase the penalty.It is up to the judges or courts to decide, in view of all the facts of the case, whether to take into account the aggravating circumstance.Member States are not required to adduce aggravating circumstances in cases where sentences for the offences defined in Framework Decision 2008/841/JHA are determined separately under national law and may result in severer penalties.
Amendment 29 #
Proposal for a directive Recital 12 (12) Given the mobility of perpetrators and proceeds stemming from criminal activities, as well as the complex cross- border investigations required to combat money laundering, all Member States should establish their jurisdiction in order to enable the competent authorities to investigate and prosecute such activities. Member States should thereby ensure that their jurisdiction includes situations where an offence is committed by means of information and communication technology from their territory, whether or not based in their territory. Under the international human rights law concept of jurisdiction, States that are contracting parties to human rights treaties are obliged to secure the rights for individuals falling within their jurisdiction, even if such individuals are outside their territory.
Amendment 30 #
Proposal for a directive Recital 12 a (new) (12a) To ensure the success of investigations and prosecution of money laundering offences, those responsible for investigating or prosecuting such offences should be given access to effective investigative tools such as those used to combat organised crime or other serious crimes.The use of such tools should, in accordance with national law, take into account the principle of proportionality and the nature and seriousness of the offences under investigation and respect the right to personal data protection.
Amendment 31 #
Proposal for a directive Recital 12 a (new) (12 a) In countering money laundering by means of criminal law, a high level of legal certainty as well as respect for fundamental rights and, in particular, the rights of the accused should be ensured.In that respect, all measures taken by Member States should be proportionate and balanced.
Amendment 32 #
Proposal for a directive Recital 14 (14) Since the objective of this Directive
Amendment 33 #
Proposal for a directive Recital 14 Amendment 35 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of money laundering, helping to update existing legislation and remedy any shortcomings identified.This would create a strengthened EU legal framework making it possible to deal with terrorist funding more effectively and reduce the threat from terrorist organisations by making it harder for them to finance their activities.
Amendment 36 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. The establishment, implementation and enforcement of the provisions of this Directive should be carried out in full compliance with the obligations set out in the Charter of Fundamental Rights of the European Union.All measures adopted by the Union and its Member States in relation to the criminalisation of money laundering as provided for in this Directive, and the determination of criminal and non-criminal sanctions thereof, must be subject to the principle of legality and proportionality of criminal offences and penalties, to the presumption of innocence and to the rights of defence, and should exclude any forms or arbitrariness.
Amendment 37 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2 a. This Directive shall adhere in full to the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 38 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2 a. This Directive shall fully respect the Charter of Fundamental Rights of the European Union.
Amendment 39 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – introductory part (1). "criminal activity" means any kind of criminal involvement in the commission of
Amendment 40 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point g (g) illicit trafficking in stolen goods and other goods, such as trafficking of crude oil, weapons, narcotics, tobacco and tobacco products, precious metals and minerals, cultural artefacts and other items of archaeological, historical, cultural and religious importance, or rare scientific value, as well as ivory and wildlife;
Amendment 41 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point p (p) smuggling
Amendment 42 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point p a (new) (pa) tax crimes linked to direct and indirect taxation as defined under national law in the Member State;
Amendment 43 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point v Amendment 44 #
Proposal for a directive Article 3 – paragraph 1 – introductory part 1.
Amendment 45 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) the conversion or transfer of property, knowing that such property is derived from criminal
Amendment 46 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal
Amendment 47 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) the acquisition, possession or use of property, knowing
Amendment 48 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) the acquisition, possession, management or use of property, knowing at the time of receipt, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 49 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2.
Amendment 50 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2.
Amendment 51 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) a prior or simultaneous conviction for the criminal activity that generated the propertyshall not be a precondition for sentencing perpetrators of the offences referred to in paragraph (1);
Amendment 52 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) it is not necessary to establish a prior or simultaneous conviction for the criminal activity that generated the property;
Amendment 53 #
Proposal for a directive Article 3 – paragraph 2 – point b (b)
Amendment 54 #
Proposal for a directive Article 3 – paragraph 2 – point b (b) it is not necessary to establish the identity of the perpetrator of the criminal activity that generated the property or other circumstances relating to that criminal activity;
Amendment 55 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) it is not necessary to establish whether the criminal activity that generated the property was carried out in the territory of another Member State or in that of a third country, when the relevant conduct is a criminal offence under the national law of the Member State or the third country where the conduct was committed and would be a criminal offence under the national law of the Member State implementing or applying this Article had it been committed there;
Amendment 56 #
Proposal for a directive Article 3 – paragraph 2 – point c (c)
Amendment 57 #
Proposal for a directive Article 3 – paragraph 3 3.
Amendment 58 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3 a. The knowledge, intent or purpose required as an element of an offence set out in paragraph 1 may be inferred from objective, factual circumstances.
Amendment 59 #
Proposal for a directive Article 4 – paragraph 1 Each Member State shall ensure that inciting, aiding and abetting
Amendment 60 #
Proposal for a directive Article 4 – paragraph 1 Amendment 61 #
Proposal for a directive Article 5 – paragraph 1 1.
Amendment 62 #
Proposal for a directive Article 5 – paragraph 2 2.
Amendment 63 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2 a. Each Member State shall ensure that in cases of aggravating circumstances the maximum term of imprisonment is adjusted accordingly.
Amendment 64 #
Proposal for a directive Article 6 – paragraph 1 – introductory part Member States shall
Amendment 65 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) Member States may rule that, where the offender has a contractual relationship and a responsibility towards an obliged entity or is an obliged entity within the meaning of Article 2 of Directive 2015/849/EU and has committed the offence in the exercise of their professional activities, this may be considered an aggravating circumstance as referred to in Articles 3 and 4.
Amendment 66 #
Proposal for a directive Article 6 – paragraph 1 – point b a (new) (b a) the offender is a politically exposed person within the meaning of Article 3 of Directive 2015/849/EU.
Amendment 67 #
Proposal for a directive Article 6 – paragraph 1 – point b a (new) (b a) money or property is used to directly fund or aid further criminal activities, such as terrorism.
Amendment 68 #
Proposal for a directive Article 7 – paragraph 1 – introductory part 1.
Amendment 69 #
Proposal for a directive Article 7 – paragraph 2 2. Member States shall also take the necessary measures to ensure that legal persons
Amendment 70 #
Proposal for a directive Article 7 – paragraph 3 3. Liability of legal persons under paragraphs 1 and 2 of this article shall not exclude criminal proceedings against natural persons who
Amendment 71 #
Proposal for a directive Article 8 – paragraph 1 – introductory part Amendment 72 #
Proposal for a directive Article 8 – paragraph 1 – introductory part Each Member State shall ensure that a legal person held liable for offences pursuant to Article
Amendment 73 #
Proposal for a directive Article 8 – paragraph 1 – point 1 (1)
Amendment 74 #
Proposal for a directive Article 8 – paragraph 1 – point 2 (2)
Amendment 75 #
Proposal for a directive Article 8 – paragraph 1 – point 2 (2) the
Amendment 76 #
Proposal for a directive Article 8 – paragraph 1 – point 3 Amendment 77 #
Proposal for a directive Article 8 – paragraph 1 – point 4 Amendment 78 #
Proposal for a directive Article 8 – paragraph 1 – point 5 (5) the
Amendment 79 #
Proposal for a directive Article 9 – paragraph 1 – introductory part 1. Each Member State shall take the necessary measures to establish its jurisdiction over the
Amendment 80 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. A Member State shall inform the Commission where it decides to establish further jurisdiction over the
Amendment 81 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2 a. Each Member State shall seek cooperation with the respective Member States affected by the same offense, respecting the principles of good judicial cooperation in civil and commercial matters.
Amendment 82 #
Proposal for a directive Article 10 – paragraph 1 Each Member State shall ensure that effective investigative tools, arising from the relevant legal framework, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4.
Amendment 83 #
Proposal for a directive Article 10 – paragraph 1 Each Member State shall ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the
source: 608.070
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE613.264&secondRef=01New
https://www.europarl.europa.eu/doceo/document/ECON-AD-613264_EN.html |
events/1/type |
Old
Committee referral announced in Parliament, 1st reading/single readingNew
Committee referral announced in Parliament, 1st reading |
events/3/type |
Old
Vote in committee, 1st reading/single readingNew
Vote in committee, 1st reading |
events/5 |
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events/5 |
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events/6 |
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events/6 |
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events/6/docs |
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events/7 |
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events/8 |
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events/8 |
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events/10 |
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procedure/Modified legal basis |
Rules of Procedure EP 159
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procedure/Notes |
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procedure/Other legal basis |
Rules of Procedure EP 159
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docs/4/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE613.264New
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docs/8/body |
EC
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events/5/docs/0/url |
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http://www.europarl.europa.eu/doceo/document/A-8-2017-0405_EN.html |
events/8/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0339New
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committees/0 |
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committees/0 |
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committees/2 |
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committees/2 |
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committees/3 |
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committees/4 |
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committees/0 |
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committees/0 |
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docs/4/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE613.264&secondRef=01New
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activities |
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commission |
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committees/0 |
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committees/0 |
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committees/1 |
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committees/1 |
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committees/2 |
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committees/2 |
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committees/3 |
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committees/3 |
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committees/4 |
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committees/4 |
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council |
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docs |
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events |
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links |
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other |
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procedure/Modified legal basis |
Old
Rules of Procedure EP 150New
Rules of Procedure EP 159 |
procedure/Notes |
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procedure/dossier_of_the_committee |
Old
LIBE/8/08859New
|
procedure/final |
|
procedure/instrument |
Old
DirectiveNew
|
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Procedure completed |
procedure/subject |
Old
New
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procedure/summary |
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activities/0/commission/0/Commissioner |
Old
AVRAMOPOULOS DimitrisNew
JOUROVÁ Věra |
activities/0/commission/0/DG/title |
Old
Migration and Home AffairsNew
Justice and Consumers |
activities/0/commission/0/DG/url |
Old
http://ec.europa.eu/info/departments/migration-and-home-affairs_enNew
http://ec.europa.eu/info/departments/justice-and-consumers_en |
activities/4 |
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activities/5 |
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activities/6 |
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activities/7 |
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activities/8 |
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other/1/commissioner |
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AVRAMOPOULOS DimitrisNew
JOUROVÁ Věra |
other/1/dg/title |
Old
Migration and Home AffairsNew
Justice and Consumers |
other/1/dg/url |
Old
http://ec.europa.eu/info/departments/migration-and-home-affairs_enNew
http://ec.europa.eu/info/departments/justice-and-consumers_en |
procedure/Modified legal basis |
Rules of Procedure EP 150
|
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/0/commission/0 |
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other/1 |
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activities/1/committees/1/date |
2017-06-08T00:00:00
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activities/1/committees/1/rapporteur |
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activities/3 |
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committees/1/date |
2017-06-08T00:00:00
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committees/1/rapporteur |
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other/0 |
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activities/1/committees/2/date |
2017-04-11T00:00:00
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activities/1/committees/2/rapporteur |
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committees/2/date |
2017-04-11T00:00:00
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committees/2/rapporteur |
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activities/1/committees/4/shadows |
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committees/4/shadows |
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activities/2 |
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activities/0/docs/0/celexid |
CELEX:52016PC0826:EN
|
activities/0/docs/0/celexid |
CELEX:52016PC0826:EN
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activities/0/docs/0/text |
|
activities/1/committees/4/date |
2017-02-27T00:00:00
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activities/1/committees/4/rapporteur |
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committees/4/date |
2017-02-27T00:00:00
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committees/4/rapporteur |
|
activities/1 |
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procedure/dossier_of_the_committee |
LIBE/8/08859
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
committees/3/date |
2017-01-31T00:00:00
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committees/3/rapporteur |
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activities |
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committees |
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links |
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other |
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procedure |
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