2022/0167(COD) Asset recovery and confiscation
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
VINCZE Loránt ( EPP)
|
REUTEN Thijs ( S&D),
AZMANI Malik ( Renew),
LAGODINSKY Sergey ( Verts/ALE),
FEST Nicolaus ( ID),
KANKO Assita ( ECR),
GUSMÃO José ( GUE/NGL)
|
| Committee Opinion | BUDG |
GHEORGHE Vlad ( Renew)
|
Francisco GUERREIRO ( Verts/ALE),
Eleni STAVROU ( PPE)
|
| Committee Opinion | JURI |
LAGODINSKY Sergey ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 082-p2, TFEU 083-p1-a1, TFEU 083-p2, TFEU 087-p2
Legal Basis:
RoP 57, TFEU 082-p2, TFEU 083-p1-a1, TFEU 083-p2, TFEU 087-p2Subjects
Events
2024/05/02
Final act published in Official Journal
2024/04/24
CSL - Draft final act
Documents
2024/04/24
CSL - Final act signed
2024/04/12
EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/03/13
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 598 votes to 19, with 7 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation.
This Directive establishes minimum rules on the tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Subject matter
This Directive will apply to a wide range of crimes, such as organised crime, terrorism, trafficking in human beings and drug trafficking
Member States are in particular encouraged to ensure that the crimes of counterfeiting and piracy of products, illicit trafficking in cultural goods, forgery and trafficking of administrative documents, murder or grievous bodily injury,
illicit trade in human organs and tissue, kidnapping, illegal restraint or hostagetaking, organised or armed robbery, racketeering and extortion, trafficking in stolen vehicles, tax crimes relating to direct taxes and indirect taxes, arson, fraud and swindling, illicit trafficking in nuclear or radioactive materials and crimes which fall within the jurisdiction of the International Criminal Court are included in the scope of this Directive.
Asset-tracing investigations
To facilitate cross-border cooperation, Member States should take measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters.
Asset recovery offices
Each Member State should set up at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations.
Asset recovery offices should also be able to trace and identify instrumentalities, proceeds or property where necessary to support other national competent authorities responsible for asset-tracing investigations or the European Public Prosecutors Office.
In order to perform their tasks, asset recovery offices should be entitled to request the relevant competent authorities, in accordance with national law, to cooperate with them where necessary for the tracing and identification of instrumentalities, proceeds or property.
Asset recovery offices shall be empowered to trace and identify property of persons and entities subject to Union restrictive measures where necessary to facilitate the detection of criminal offences.
Member States should ensure that asset recovery offices have immediate and direct access to the following information, provided that such information is stored in centralised or interconnected databases or registers held by public authorities: (i) national real-estate registers or electronic data retrieval systems and land and cadastral registers; (ii) national citizenship and population registers; (iii) national motor vehicle, aircraft and watercraft registers; (iv) commercial registers, including business and company registers; (v) national beneficial-ownership registers in accordance with Directive (EU) 2015/849; (vi) centralised bank-account registers.
Asset recovery offices should be able to swiftly obtain, either immediately and directly or upon request , the following information: (i) fiscal data; (ii) national social security data; (iii) information on mortgages and loans; (iv) information contained in national currency databases and currency exchange databases; (v) information on securities; (vi) customs data; (vii) information on annual financial statements by companies, on wire-transfers and account balances and on crypto-asset accounts.
Freezing and confiscation
According to the amended text, Member States need to take measures to enable the freezing of property in order to ensure an eventual confiscation and to ensure, in the event of a final conviction, the confiscation of instrumentalities and proceeds stemming from a criminal offence. Where criminal assets or property of equal value are transferred to a third party , it must also be possible to confiscate them, but only if the third party knew or should have known that the purpose of the transfer or acquisition was to avoid confiscation.
Confiscation of unexplained wealth linked to criminal conduct
A new rule on the confiscation of unexplained wealth will, under certain conditions, allow the confiscation of property identified in the context of an investigation in relation to criminal offences, provided that a national court is satisfied that the identified property is derived from criminal activities committed within the framework of a criminal organisation and that those activities give rise to substantial economic benefit.
Asset management
Member States should set up or designate one or more competent authorities to function as asset management offices with the purpose of establishing specialised authorities tasked with the management of frozen and confiscated property in order to effectively manage the property frozen before confiscation and preserve its value, pending a final decision on the confiscation and the disposal of the property based on such decision.
Compensation of victims
Member States should take appropriate measures to ensure that where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, such claims are taken into account within the relevant asset-tracing, freezing and confiscation proceedings.
Member States are encouraged to take the necessary measures to allow the possibility of using confiscated property, where appropriate, for public interest or social purposes.
Legal remedies
Member States should ensure that persons affected by freezing orders and confiscation have the right to an effective remedy and to a fair trial in order to uphold their rights.
Documents
2024/02/23
EP - Text agreed during interinstitutional negotiations
Documents
2024/01/23
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/01/18
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/06/12
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/05/31
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/05/26
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Loránt VINCZE (EPP, RO) on the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation.
The confiscation of criminals' illicit profits is considered an effective tool in the fight against organised crime, identified as a major threat to EU security. However, despite the comprehensive set of EU rules on asset freezing and confiscation, there are still obstacles on the path to recovering criminal assets.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Scope
Members proposed expanding the scope of the directive to include the following criminal offences:
- illicit trafficking in nuclear or radioactive materials;
- crimes within the jurisdiction of the International Criminal Court;
- the unlawful seizure of aircraft or ships;
- sabotage;
- illicit trafficking in hormonal substances and other growth promoters;
- arson;
- rape;
- swindling;
- racism and xenophobia.
Access to information
Member States should ensure that asset recovery offices have appropriate access to any information to the extent that information is necessary for the tracing and identification of proceeds, instrumentalities, proceeds and property.
That access should be expanded to include access to inter alia :
- national beneficial ownership registers including registers of beneficial owners of trusts and similar legal arrangements;
- bank account registers, including information on wire-transfers and accounts balances;
- information on mortgages and loans ;
- information on securities;
- customs data, including cross-border physical transfers of cash ;
- information on crypto-assets ;
- information on relevant high value goods or assets registers.
Efficient freezing
The report proposed that Member States should take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property and to ensure the right to restitution and compensation to victims .
Freezing measures should consist of freezing orders and immediate action in the form of temporary urgent freezing measures . Immediate action in the form of temporary urgent freezing measures should be taken when necessary, in order to preserve the property concerned.
Where a freezing order under this Directive has been issued by a competent authority other than a judicial authority, Member States should ensure that such an order is validated or annulled by a judicial authority without undue delay.
Further use of the confiscated property
Members suggested that Member States should take the necessary measures to allow confiscated property to be used for public interest or social purposes. Such property may be kept as public property for justice, law enforcement, public service or economic purposes or be transferred to the local or regional authorities responsible for the area in which the property is located, for institutional, social or economic purposes, including for assignment to organisations carrying out work of social interest.
Members also want to ensure that victims are compensated before confiscation , especially in cross-border cases, and allow confiscated assets to be used for social or public interest purposes.
Cooperation network on asset recovery and confiscation
A cooperation network on asset recovery and confiscation should be established to support the Commission and to facilitate the exchange of best practices, and operational cooperation in relation to the implementation of this Directive. The network should be composed of representatives from asset recovery offices and asset management offices and should be co-chaired by the Commission and, where appropriate, by Europol.
Documents
2023/05/23
EP - Vote in committee, 1st reading
2023/05/23
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/04/03
EP - Committee opinion
Documents
2023/03/24
EP - Committee opinion
Documents
2023/03/10
EP - Amendments tabled in committee
Documents
2023/02/14
EP - Committee draft report
Documents
2022/12/15
EP - Referral to associated committees announced in Parliament
2022/12/14
ESC - Economic and Social Committee: opinion, report
Documents
2022/12/07
CZ_SENATE - Contribution
Documents
2022/10/26
EP - LAGODINSKY Sergey (Verts/ALE) appointed as rapporteur in JURI
2022/10/10
EP - VINCZE Loránt (EPP) appointed as rapporteur in LIBE
2022/09/12
CZ_CHAMBER - Contribution
Documents
2022/09/01
EP - GHEORGHE Vlad (Renew) appointed as rapporteur in BUDG
2022/07/19
EDPS - Document attached to the procedure
Documents
2022/06/22
EP - Committee referral announced in Parliament, 1st reading
2022/05/25
EC - Document attached to the procedure
Documents
2022/05/25
EC - Document attached to the procedure
Documents
2022/05/25
EC - Document attached to the procedure
Documents
2022/05/25
EC - Legislative proposal published
Details
PURPOSE: to establish minimum rules on tracing and identification, freezing, confiscation and management of property in criminal proceedings.
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: Europol’s 2021 Serious and Organised Crime Threat Assessment (SOCTA) highlighted the rising threat from organised crime and criminal infiltration. The revenues generated by organised crime are considerable. They are estimated at EUR 139 billion every year and are increasingly laundered through a parallel underground financial system. The availability of such proceeds from criminal activities poses a significant threat to the integrity of the economy and society, eroding the rule of law and fundamental rights.
The EU Strategy to tackle Organised Crime 2021-2025 aims at addressing these challenges by promoting cross-border cooperation, supporting effective investigations against criminal networks, eliminating proceeds from criminal activities, and making law enforcement and the judiciary fit for the digital age.
In order to tackle the serious threat posed by organised crime , it is necessary to provide the competent authorities with the means to effectively trace, identify, freeze, confiscate and manage the instruments and proceeds of crime as well as property derived from criminal activities. The existing legal framework should therefore be updated to facilitate and ensure the effectiveness of asset recovery and confiscation efforts throughout the Union.
In its resolution of 15 December 2021, the European Parliament called for a strengthening of the rules on asset recovery.
CONTENT: the proposed Directive aims to strengthen the capabilities of competent authorities to identify, freeze and manage assets , and reinforce and extend confiscation capabilities so as to cover all relevant criminal activities carried out by organised crime groups, thereby enabling confiscation for all relevant assets.
General provisions on asset recovery and confiscation
The proposed Directive includes not only rules on tracing and identification of assets and their management, but also rules on freezing and confiscation. The proposal broadens the possibilities for confiscation of assets, which will become applicable to a wider range of criminal offences, including the violation of EU restrictive measures such as those adopted against Russia and Belarus, once the Commission's proposal to extend the list of EU criminal offences is adopted.
Tracing and identifying assets
The proposal requires Member States to initiate asset tracing investigations to facilitate cross-border cooperation, to set up at least one asset recovery office and to make certain information directly accessible to asset recovery offices to ensure a rapid response to requests for information from other Member States.
In addition to the current rules, the proposal defines specific tasks of asset recovery offices, including the exchange of information with other asset recovery offices in other Member States. The asset recovery offices should be enabled to take immediate action to temporarily freeze the assets in question.
Freezing and confiscation of assets
The proposal requires Member States to:
- take the necessary measures to ensure that illicit assets can be frozen quickly and, where necessary, with immediate effect to avoid their dissipation;
- enable the confiscation of instrumentalities and proceeds of crime following a final conviction and to enable the confiscation of property of equivalent value to the proceeds of crime;
- enable the confiscation of properties transferred by the accused or suspected person to a third party for the purpose of avoiding confiscation;
- enable the confiscation of property of a convicted person when the national court of a Member State is convinced that that the property derives from a criminal activity;
- provide for the possibility of confiscation where all the evidence for a criminal offence is present, but a conviction is not possible due to a limited number of circumstances.
The proposal introduces a new confiscation possibility where assets are frozen based on suspicion of involvement in organised crime activities and aims to ensure that the right to compensation for victims is not affected by the confiscation measures, similar to the relevant provision in the Confiscation Directive.
Asset management
The proposal requires Member States to (i) ensure that frozen or confiscated assets are managed efficiently until their disposal; (ii) provide for the possibility to transfer or sell frozen assets before the confiscation order is issued; and (iii) establish at least one asset management office, the tasks of which are more precisely defined.
Asset recovery strategic framework
The proposal requires Member States to: (i) adopt a national strategy on asset recovery and update it every five years; (ii) ensure that asset recovery offices and asset management offices have the necessary resources to carry out their tasks; (iii) set up a centralised register containing relevant information on frozen, managed and confiscated assets; and (iv) collect and report statistical data to the Commission on an annual basis
Enhanced cooperation
The proposal aims to ensure cooperation between asset recovery offices and the European Public Prosecutor’s Office, Europol and Eurojust, for the purpose of facilitating the tracing and identification of property that may be subject to confiscation. It also provides that asset recovery offices will need to cooperate with Europol and Eurojust where necessary to prevent, detect or investigate offences related to the violation of the Union restrictive measures.
Documents
Documents
- Draft final act: 00003/2024/LEX
- Decision by Parliament, 1st reading: T9-0141/2024
- Text agreed during interinstitutional negotiations: PE759.655
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.655
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000385
- Committee report tabled for plenary, 1st reading: A9-0199/2023
- Committee opinion: PE739.737
- Committee opinion: PE740.764
- Amendments tabled in committee: PE745.293
- Committee draft report: PE742.501
- Economic and Social Committee: opinion, report: CES3642/2022
- Contribution: COM(2022)0245
- Contribution: COM(2022)0245
- Document attached to the procedure: OJ C 425 08.11.2022, p. 0002
- Document attached to the procedure: N9-0079/2022
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0245
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0245
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0246
- Legislative proposal published: COM(2022)0245
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2022)0245
- Document attached to the procedure: EUR-Lex SWD(2022)0245
- Document attached to the procedure: EUR-Lex SWD(2022)0246
- Document attached to the procedure: OJ C 425 08.11.2022, p. 0002 N9-0079/2022
- Economic and Social Committee: opinion, report: CES3642/2022
- Committee draft report: PE742.501
- Amendments tabled in committee: PE745.293
- Committee opinion: PE740.764
- Committee opinion: PE739.737
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000385
- Text agreed during interinstitutional negotiations: PE759.655
- Draft final act: 00003/2024/LEX
- Contribution: COM(2022)0245
- Contribution: COM(2022)0245
Votes
A9-0199/2023 – Loránt Vincze – Provisional agreement – Am 152 #
2024/03/13 Outcome: +: 598, -: 19, 0: 7
The Left
NI| Amendments | Dossier |
| 435 |
2022/0167(COD)
2023/02/14
JURI
97 amendments...
Amendment 100 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) immunity from prosecution of the suspected or accused person, as provided for under national or international law;
Amendment 101 #
Proposal for a directive Article 15 – paragraph 1 – point f Amendment 102 #
Proposal for a directive Article 15 – paragraph 1 – point f Amendment 103 #
Proposal for a directive Article 15 – paragraph 1 – point f (f) the time limits prescribed by national law have expired, where such limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences, while keeping to a reasonable and proportional limitation period.
Amendment 104 #
Proposal for a directive Article 15 – paragraph 1 – point f (f) the time limits prescribed by national law have expired, where such limits are not sufficiently long (not exceeding 15 years) to allow for the effective investigation and prosecution of the relevant criminal offences.
Amendment 105 #
Proposal for a directive Article 15 – paragraph 2 2. Confiscation without a prior conviction shall be limited to criminal offences liable to give rise, directly or indirectly, to substantial economic benefit and only insofar as the national court is satisfied that all the elements of the offence are present. The instrumentalities, proceeds, property to be confiscated must be linked to the criminal offence. In the determination of the link, account shall be taken of all the circumstances of the case. The burden of proof shall lie with the prosecution.
Amendment 106 #
Proposal for a directive Article 15 – paragraph 2 2. Confiscation without a prior conviction shall be limited to criminal offences liable to give rise, directly or indirectly, to substantial economic benefit and only insofar as the national court is satisfied
Amendment 107 #
Proposal for a directive Article 15 – paragraph 2 2. Confiscation without a prior conviction shall be limited to criminal offences liable to give rise, directly or indirectly, to substantial economic benefit and only insofar as the national court is satisfied that all the elements of the offence are present. The burden of proof shall be on the prosecution.
Amendment 108 #
Proposal for a directive Article 15 – paragraph 3 3. Before a confiscation order within the meaning of paragraphs 1 and 2 is issued by the court, Member States shall ensure that the affected person’s right to presumption of innocence and rights of defence are respected including by awarding access to the file and the right to be heard on issues of law and fact.
Amendment 109 #
Proposal for a directive Article 15 – paragraph 3 3. Before a confiscation order within the meaning of paragraphs 1 and 2 is issued by the court, Member States shall ensure that the affected person’s rights of defence are respected including by awarding access, in particular to a lawyer, to the file and the right to be heard on issues of law and fact.
Amendment 110 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Member States shall take the necessary measures to enable the confiscation of property, where confiscation is not possible pursuant to Articles 12 to 15 and at least the following conditions are cumulatively fulfilled:
Amendment 111 #
Proposal for a directive Article 16 – paragraph 1 – point b a (new) Amendment 112 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) the national court is satisfied on the basis of all evidence adduced that the frozen property is unequivocally derived from criminal offences committed in the framework of a criminal organisation.
Amendment 113 #
Proposal for a directive Article 16 – paragraph 2 2. When determining whether the frozen property is derived from criminal offences, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is substantially disproportionate to the lawful income of the owner of the property. The burden of proof shall lie with the prosecution.
Amendment 114 #
Proposal for a directive Article 16 – paragraph 2 2. When determining whether the frozen property is derived from criminal offences, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is substantially disproportionate to the lawful income of the owner of the property The burden of proof shall be on the prosecution.
Amendment 115 #
Proposal for a directive Article 16 – paragraph 4 4. Before a confiscation order within the meaning of paragraphs 1 and 2 is issued by the court, Member States shall ensure that the affected person’s rights of defence are respected including by awarding access, in particular to a lawyer, to the file and the right to be heard on issues of law and fact.
Amendment 116 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposes, without prejudice to Article 18 of this Directive. Such property may be kept as state property for justice, law enforcement, public service or economic purposes or be transferred to the local or regional authorities where the property is located, for institutional, social or economic purposes including for assignement to organsations carrying out work of social interest.
Amendment 117 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall
Amendment 118 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall
Amendment 119 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2 a. Where the confiscated asets originated in a third country, Member States shall return them to the third country based on a publicly available return agreement.
Amendment 120 #
Proposal for a directive Article 18 – title Victims compensation and restitution of property to victims
Amendment 121 #
Proposal for a directive Article 18 – title Amendment 122 #
Proposal for a directive Article 18 – paragraph 1 Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall, as a matter of priority, take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims as stipulated in Directive 2004/80/EC on compensation to victims of crimes. Member States shall ensure that, where money was obtained as a result of the execution of a confiscation order, the corresponding sum, shall be transferred to the victim for the purpose of compensation, in so far as it does not exceed the recognized amount of compensation awarded.
Amendment 123 #
Proposal for a directive Article 18 – paragraph 1 Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims. The confiscated property or money obtained after selling such property are either restitute to the victim or used to compensate the victims. Member States shall ensure that, in the course of criminal proceedings, victims are entitled to obtain a decision on compensation by the offender, as soon as possible.
Amendment 124 #
Proposal for a directive Article 18 – paragraph 1 Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims, with the rights of victims to compensation and their hierarchical order of priority being established under the national law of each Member State.
Amendment 125 #
Proposal for a directive Article 18 – paragraph 1 a (new) The Commission shall facilitate coordination between Member States where instrumentalities, proceeds and property has been confiscated following the violation restrictive measures. The Commission shall issue guidelines on the use of the confiscated instrumentalities, proceeds and property for restitution and reparations towards states which are victim of war of agression.
Amendment 126 #
Proposal for a directive Article 19 – paragraph 1 1. Member States shall ensure the efficient management of frozen and confiscated property until its disposal
Amendment 127 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that, before issuing a freezing order within the meaning of Article 11 paragraph 1, competent authorities responsible for the management of frozen and confiscated property carry out an assessment of the costs which may be incurred in the management of the property which may be frozen, for the purposes of preserving and optimizing the value of such property until its disposal, unless the urgency of a case would require foregoing such measure. Any decision by the competent authorities to forego such assessment of the costs shall be duly justified.
Amendment 128 #
Proposal for a directive Article 20 – paragraph 1 – introductory part 1. Member States shall ensure that property frozen pursuant to Article 11 paragraph 1 cannot be transferred or sold before the issuing of a confiscation order, except in one or more of the following circumstances:
Amendment 129 #
Proposal for a directive Article 20 – paragraph 1 – point a (a) the property subject to freezing is perishable or
Amendment 130 #
Proposal for a directive Article 20 – paragraph 1 – point b (b) the storage or maintenance costs of the property are disproportionate to its
Amendment 131 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) the
Amendment 132 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) the property is too difficult to administer, or its management requires special conditions and
Amendment 133 #
Proposal for a directive Article 20 – paragraph 2 Amendment 134 #
Proposal for a directive Article 20 – paragraph 3 3. Earnings from interlocutory sales should be secured until a judicial decision on confiscation is reached. Member States shall take appropriate measures to protect third party buyers of property sold from any threats or other retaliatory measures, to ensure that the property sold is not returned to persons convicted of the criminal offences referred to in Article 2.
Amendment 135 #
Proposal for a directive Article 20 – paragraph 3 3. Earnings from interlocutory sales sh
Amendment 136 #
Proposal for a directive Article 23 – paragraph 2 2. Member States shall provide for the effective possibility for the person whose property is affected to challenge the freezing order pursuant to article 11 before a court, in accordance with procedures provided for in national law. Where the freezing order has been taken by a competent authority other than a judicial authority, national law shall provide that such an order is first to be submitted for validation or review in reasonable time to a judicial authority before it can be challenged before a court.
Amendment 137 #
Proposal for a directive Article 23 – paragraph 4 – subparagraph 2 In the case of confiscation orders pursuant to Article 13, such circumstance shall
Amendment 138 #
Proposal for a directive Article 23 – paragraph 4 – subparagraph 4 In the case of confiscation orders pursuant to Article 15, such circumstances shall include facts and evidence on the basis of which the national court concluded that all the elements of the offence are present, and the fact that the instruments, proceeds or property in question are considered to be derived from criminal activity.
Amendment 139 #
Proposal for a directive Article 23 – paragraph 4 – subparagraph 4 In the case of confiscation orders pursuant to Article 15, such circumstances shall include facts and evidence on the basis of which the national court concluded that all the elements of the offence are present
Amendment 140 #
Proposal for a directive Article 24 – paragraph 1 a (new) 1 a. Asset recovery offices, asset management offices, and other competent authorities shall closely cooperate with the Commission to monitor the implementation of this Directive and to exchange experiences and best practices on how to ensure victims’ compensation and the use of confiscated properties for public or social purposes.
Amendment 141 #
Proposal for a directive Article 24 – paragraph 2 – point b a (new) (b a) measures taken to ensure the social re-use of confiscated property;
Amendment 142 #
Proposal for a directive Article 24 – paragraph 2 – point b b (new) (b b) measures taken to ensure that the confiscated property is used to compensate the victims;
Amendment 143 #
Proposal for a directive Article 24 – paragraph 3 a (new) 3 a. The Commission ensures that recovery offices, asset management offices, and other competent authorities meet on a regular basis to support the implementation of the national strategies on asset recovery.
Amendment 47 #
Proposal for a directive Recital 3 a (new) (3 a) States should adopt, according to the circumstances and with the priority of full respect for the right to compensation to victims, measures allowing the use of confiscated property for purposes of public or social interest. Several Member States have adopted, more than twenty years ago, specific legislation providing for the direct or indirect reuse of confiscatedy property for purposes of public or social interest, benefitting from multiple positive aspects deriving from the reuse, both for public finances and for its symbolic value, as a visible counter- message for the affirmation of the principle of legality and the relaunching of the territories marked by the presence of organized crime
Amendment 48 #
Proposal for a directive Recital 24 (24) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through an intermediary, by the third party from a suspected or accused person, including
Amendment 49 #
Proposal for a directive Recital 22 a (new) (22 a) In order to promote the rule of law and the involvement of civil society in the fight against organised crime this Directive allows for the management of frozen and confiscated property and its re- use for social purposes.
Amendment 50 #
Proposal for a directive Recital 21 (21) Given the limitation on the right to property imposed by freezing orders, such provisional measures should ensure full respect for the principle of proportionality and should not be maintained longer than necessary to preserve the availability of the property with a view to possible subsequent confiscation.
Amendment 51 #
Proposal for a directive Recital 22 (22) Freezing measures should be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings, provided that it would ultimately be made available for effective execution of the confiscation order. In the context of criminal proceedings, property
Amendment 52 #
Proposal for a directive Recital 10 (10) Other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes, including serious crimes with a cross-border nature. Such crimes should be included in the scope of the Directive to the extent to which they are committed within the framework of a criminal organisation. The counterfeiting and piracy of products is linked to money laundering and the forgery of documents, and threatens the functioning of the single market and fair competition. The illicit trafficking in cultural goods, including antiques and works of art, is often intertwined with money laundering and constitutes an important source of financing for organised criminal groups. The same applies to the illegal trade and trafficking of endangered animal and plant species, including their body parts or products derived from them. Forgery of administrative documents and trafficking therein, including bank documents or identification documents, is a key enabling tool for money laundering, trafficking in human beings, or migrant smuggling, and should as such be covered in the scope of this Directive. Other crimes which are often carried out within the framework of an organised crime group include murder or grievous bodily harm, as well as the illicit trade in human organs and tissue, which are a source of revenue for organised crime groups in the context of contract killings, intimidation and trafficking in human beings. Similarly kidnapping, illegal restraint or hostage taking, as well as racketeering and extortion, are utilized either as source of revenue through the collection of ransom money or as intimidation tactics against adversaries. The crime of organised or armed robbery is one of the most common forms to generate profits for organised criminal groups, and it is often committed
Amendment 53 #
Proposal for a directive Recital 12 (12) In order to capture property which might be transformed and transferred in order to conceal its origin, and in order to ensure harmonisation and clarity of definitions across the Union, property that can be subject to freezing and confiscation should be defined broadly. It should cover legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in property subject to freezing and confiscation including, for example, financial instruments, or
Amendment 54 #
Proposal for a directive Recital 17 (17) In order to perform effective asset tracing investigations, and to swiftly respond to cross-border requests, asset recovery offices should have access to the information that allows them to establish the existence, ownership or control of property that may become object of a freezing or a confiscation order. Therefore, asset recovery offices should have access to the relevant data such as fiscal data, national citizenship and population registries, commercial databases and social security information. This should include law enforcement information in so far as data such as criminal records, vehicles stops, property searches and previous legal actions such as freezing and confiscation orders or seizures of cash can be of value to identify relevant property. Access to information should be subject to specific safeguards that prevent the misuse of the access rights
Amendment 55 #
Proposal for a directive Recital 20 (20) Confiscation leads to
Amendment 56 #
Proposal for a directive Recital 24 (24) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through an intermediary, by the third party from a suspected or accused person, including when the criminal offence has been committed on their behalf or for their benefit, and when an accused person does not have property that can be confiscated. Such confiscation should be possible in cases where it has been established that third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation, on the basis of concrete facts and circumstances, including that the transfer was carried out free of charge or in exchange for an amount significantly lower than the market value. The rules on third party confiscation should extend to both natural and legal persons, without prejudice to the right of third parties to be heard, including the right to claim ownership of the property concerned.
Amendment 57 #
Proposal for a directive Recital 24 (24) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through an intermediary, by the third party from a suspected or accused person, including when the criminal offence has been committed on their behalf or for their benefit, and when an accused person does not have property that can be confiscated. Such confiscation should be possible in cases where it has been established that third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation, on the basis of proven concrete facts and circumstances, including that the transfer was carried out free of charge or in exchange for an amount significantly lower than the market value. The rules on third party confiscation should extend to both natural and legal persons, without prejudice to the right of third parties to be heard, including the right to claim ownership of the property concerned. In any event, the rights of bona fide third parties should not be affected.
Amendment 58 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied, based on all the evidence in the case, that the instrumentalities, proceeds, or property in question is unquestionably derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences, while at the same time a reasonable and proportional time limit should apply. Confiscation in such cases should only be allowed where the national court is satisfied, on the basis of all the evidence in the case, that all the elements of the offence are present and that the instrumentalities, proceeds or property in question are unquestionably derived from criminal activities. For reasons of proportionality, confiscating property without a prior conviction should only occur in exceptional cases and should be limited to cases of serious crimes.
Amendment 59 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness
Amendment 60 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible
Amendment 61 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity
Amendment 62 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of personal or functional immunity or amnesty as provided for under national or international law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality,
Amendment 63 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national and international law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. The right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.
Amendment 64 #
Proposal for a directive Recital 28 (28) Due to the intrinsically opaque nature of organised crime, it is not always possible to link property derived from criminal activities to a specific criminal offence and confiscate such property. In such situations, confiscation should be possible under certain conditions including in particular: the property is frozen based on suspicion of crimes committed within the framework of a criminal organisation, these criminal offences are liable to give rise to substantial economic benefits and the court is satisfied that the frozen property is derived from criminal activities carried out within the framework of a criminal organisation. These conditions should ensure that confiscation of property not linked to a specific offence for which the owner has been convicted is limited to criminal activities of criminal organisations that are serious in nature and liable to generate substantial benefits. When determining whether the offences are liable to give rise to significant benefits, Member States should take into account all relevant circumstances of the offence, including whether the criminal activities were committed with the intention to generate regular substantial profits.
Amendment 65 #
Proposal for a directive Recital 28 (28) Due to the intrinsically opaque nature of organised crime, it is not always possible to link property derived from criminal activities to a specific criminal offence and confiscate such property. In such exceptional situations, confiscation should be possible under certain clearly delimited and proportional conditions, including in particular: the property is frozen based on suspicion of crimes committed within the framework of a criminal organisation, these criminal offences are liable to give rise to substantial economic benefits and the court is satisfied, based on all the administrative evidence in the case, that the frozen property is unquestionably derived from criminal activities carried out within the framework of a criminal organisation. These conditions should ensure that confiscation of property not linked to a specific offence for which the owner has been convicted is limited to criminal activities of criminal organisations that are serious in nature and liable to generate substantial financial benefits. When determining whether the offences are liable to give rise to s
Amendment 66 #
Proposal for a directive Recital 29 (29) To ensure that property that is or may become subject to a freezing or confiscation order maintains its economic value Member States should put in place effective management measures
Amendment 67 #
Proposal for a directive Recital 35 a (new) (35 a) The Commission should facilitate coordination between Member States where instrumentalities, proceeds and property have been confiscated following the violation restrictive measures. Particularly, the Commission should issue guidelines on the use of the confiscated instrumentalities, proceeds and property for restitution and reparations towards states which are victim of war of agression.
Amendment 68 #
Proposal for a directive Article 2 – paragraph 1 – point m (m) environmental crime, including illicit trade and trafficking in endangered animal
Amendment 69 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in such property;
Amendment 70 #
Proposal for a directive Article 4 – paragraph 1 1. To facilitate cross-border cooperation, Member States shall take measures to enable the swift tracing and identification of instrumentalities and proceeds, or property which
Amendment 71 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2 a. 3. Asset tracing investigations pursuant to paragraph 1 shall be carried out for the purpose of restitution and compensation to victims.
Amendment 72 #
Proposal for a directive Article 6 – paragraph 1 – introductory part 1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have
Amendment 73 #
Proposal for a directive Article 6 – paragraph 2 2. Where the information referred to
Amendment 74 #
Proposal for a directive Article 6 – paragraph 3 3. The
Amendment 75 #
Proposal for a directive Article 9 – paragraph 4 Amendment 76 #
Proposal for a directive Article 9 – paragraph 6 – point b a (new) (b a) fundamental principles of national law, including Member State’s obligations under Article 6 TEU
Amendment 77 #
Proposal for a directive Article 9 – paragraph 6 – point b a (new) (b a) or otherwise would not be in accordance with fundamental principles of national law.
Amendment 78 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property under Article 12 and ensure victims’ compensation under article 18. .
Amendment 79 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall take the necessary measures to enable the freezing and preservation of property necessary to ensure a possible confiscation of that property under Article 12.
Amendment 80 #
Proposal for a directive Article 11 – paragraph 2 2. Freezing measures shall include immediate, proportional and effective action to be taken when necessary in order to preserve the property.
Amendment 81 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall enable asset recovery offices to take immediate action, where necessary, pursuant to paragraph 2 until a freezing order pursuant to paragraph 1 is issued. The validity of such temporary urgent freezing measures shall not exceed the time period laid down in national law and, in the absence of such a period, shall not exceed seven
Amendment 82 #
Proposal for a directive Article 11 – paragraph 4 4. Property in the possession of a third party can be subject to freezing measures pursuant to paragraphs 1, 2 and 3, where this is proven to be necessary to ensure a possible confiscation under article 13.
Amendment 83 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall ensure that the freezing orders pursuant to paragraphs 1, 2, 3 and 4 are issued by a competent authority and are adequately motivated. Where orders have been issued by a competent authority other than a judicial authority, the order shall be evaluated by a judicial authority without undue delay.
Amendment 84 #
Proposal for a directive Article 11 – paragraph 7 7. Where the property to be frozen consists of entities that should be preserved as a going concern, such as undertakings, the freezing order shall include measures to exclude access to this property by the persons owning or controlling them while allowing for continued operations under normal conditions.
Amendment 85 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities
Amendment 86 #
Proposal for a directive Article 12 – paragraph 2 2. Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities
Amendment 87 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person.
Amendment 88 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 Amendment 89 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 2 The confiscation of these instrumentalities, proceeds or other property shall be enabled where it has been established that those third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation, on the basis of concrete facts and circumstances, including that the transfer or acquisition was carried out free of charge or in exchange for an amount significantly lower than the market value.
Amendment 90 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 2 The confiscation of these proceeds or other property
Amendment 91 #
Proposal for a directive Article 13 – paragraph 2 2. Paragraph 1 shall not affect the rights of bona fide third parties. Good faith shall not be assumed if the third party knew or should have known that the transferred property or proceeds were directly or indirectly linked to criminal conduct.
Amendment 92 #
Proposal for a directive Article 13 – paragraph 2 2. Paragraph 1 shall not affect the rights of bona fide third parties who bear, however, the burden of proving that the purchasing of the confiscated property has taken place in bona fide and with due diligence.
Amendment 93 #
Proposal for a directive Article 15 – paragraph 1 – introductory part Amendment 94 #
Proposal for a directive Article 15 – paragraph 1 – point b (b) absconding of the suspected or accused person, if this results in the expiry of the time limits laid down in national law for criminal liability;
Amendment 95 #
Proposal for a directive Article 15 – paragraph 1 – point c Amendment 96 #
Proposal for a directive Article 15 – paragraph 1 – point d Amendment 97 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) personal or functional immunity from prosecution of the suspected or accused person, as provided for under national law;
Amendment 98 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) immunity from prosecution of the suspected or accused person, as provided for under national and international law;
Amendment 99 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) immunity from prosecution of the suspected or accused person, as provided for under national and international law;
source: 742.505
2023/03/02
BUDG
47 amendments...
Amendment 100 #
Proposal for a directive Article 26 – paragraph 3 – point f a (new) (f a) the disaggregated value and characteristics of confiscated assets for the transfer to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine under the conditions provided for under Article 26a, with the details on the grounds of confiscation.
Amendment 101 #
Proposal for a directive Article 26 a (new) Article 26 a Assets confiscated in the context of Russian aggression against Ukraine 1. Member States shall transfer the net proceeds resulting from the liquidation of confiscated assets resulting from the crime of Russian aggression against Ukraine and listed in the centralised registries referred to in Article 26 to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood). 2. Assets that have entered the Neighbourhood, Development and International Cooperation Instrument- Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine.
Amendment 102 #
Proposal for a directive Article 26 a (new) Article 26 a Assets confiscated in the context of Russian aggression against Ukraine Member States shall transfer the monetary value of confiscated assets stemming from the crimes of Russian aggression against Ukraine and listed in the centralised registries referred to in Article 26 to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood)
Amendment 103 #
Proposal for a directive Article 27 – paragraph 1 1. Member States shall collect and maintain comprehensive statistics at central level on the measures taken under this Directive including of the net value of proceeds from the liquidation of confiscated assets.
Amendment 104 #
Proposal for a directive Article 27 – paragraph 2 2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September] of the following year. With the scope of effectively supporting the evaluation of the collected statistics and in aiding the information collection process, a monitoring system should be in place at Union level.
Amendment 105 #
Proposal for a directive Article 27 – paragraph 2 2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1
Amendment 59 #
Proposal for a directive Recital 2 (2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. Therefore, to tackle the serious threat posed by organised crime, competent authorities should be given the means to effectively trace and identify, freeze, confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities. The monetary value of such confiscated assets should be reintroduced into legal economy. Where the confiscated assets stem from the crime of Russian aggression against Ukraine and other crimes associated with this aggression, the monetary value of the assets should serve the goal of building and rebuilding of the infrastructure in Ukraine including through the use of financial instruments, as well as the compensation for the victim population.
Amendment 60 #
Proposal for a directive Recital 2 (2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. Therefore, to tackle the serious threat posed by organised crime, competent
Amendment 61 #
Proposal for a directive Recital 3 (3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of criminal proceedings. An effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the State or for the restitution for victims. As such, the reuse of confiscated assets for the compensation and support of victims of crime and for affected communities has the potential to build resilience and thereby prevent further organised crime.
Amendment 62 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system. Likewise, reinforcing the capacity of competent authorities requires Member States to guarantee sufficient human and financial resources for carrying out tasks laid down in the Directive. Herein, the additional revenue generated by measures enhancing the asset recovery system may serve as a means to cover costs incurred in connection with obligations under the Directive, and thereby support its effective implementation across the Union.
Amendment 63 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union as well as to enable channelling of the net proceeds resulting from the liquidation of confiscated assets into the Union budget in the form of new own resources and, where the assets stem from the crime of Russian aggression on Ukraine, in the form of external assigned revenue before the relevant Own Resources Decision enters into force and without prejudice to restitution, compensation, to the victims/public concerned. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset
Amendment 64 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following
Amendment 65 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union, as well as to enable channelling of the net proceeds resulting from the liquidation of confiscated assets into the Union budget in the forms of new own resources and, where the assets stem from the crime of Russian aggression against Ukraine, in the form of external assigned revenue. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the
Amendment 66 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal
Amendment 67 #
(6) Moreover, the adoption of unprecedented and far-reaching Union restrictive measures triggered by the Russian invasion into Ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual Union restrictive measures across the Union. While not criminal in nature, nor requiring criminal conduct as a pre-condition for their imposition, Union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures, and should thus benefit from strengthened capabilities in the context of identification and tracing of property. For such purpose, rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures, and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. Measures related to freezing and confiscation under this Directive, notably those under Chapters III and IV, remain however limited to situations where property stems from criminal activities, such as the violation of Union restrictive measures. This Directive does not regulate the freezing of funds and economic resources under Union restrictive measures. In that regard, a legal regime should be established to enable the confiscation of private and state-owned Russian assets frozen by the EU in response to Russia’s war of aggression against Ukraine and their subsequent use for the reconstruction of Ukraine.
Amendment 68 #
Proposal for a directive Recital 6 (6) Moreover, the adoption of unprecedented and far-reaching Union restrictive measures triggered by the Russian invasion into Ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual Union restrictive measures across the Union. While not criminal in nature, nor requiring criminal conduct as a pre-condition for their imposition, Union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures, and should thus benefit from strengthened capabilities in the context of identification and tracing of property. For such purpose, rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures, and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. Measures related to freezing and confiscation under this Directive, notably those under Chapters III and IV, remain however limited to situations where property stems from criminal activities, such as the violation of Union restrictive measures.
Amendment 69 #
Proposal for a directive Recital 6 (6) Moreover, the adoption of unprecedented and far-reaching Union restrictive measures triggered by the Russian invasion into Ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual Union restrictive measures across the Union. While not criminal in nature, nor requiring criminal conduct as a pre-condition for their imposition, Union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures, and should thus benefit from strengthened capabilities in the context of identification and tracing of property. For such purpose, rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures, and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. Measures related to freezing and confiscation under this Directive, notably those under Chapters III and IV, remain however limited to situations where property stems from criminal activities, such as the violation of Union restrictive measures.
Amendment 70 #
Proposal for a directive Recital 7 (7) Measures aiming at increasing capabilities of tracing and identification of relevant property in relation to persons or entities subject to Union restrictive measures, as well as complementary measures to ensure that such property is not transferred or hidden to evade Union restrictive measures, contribute to the prevention and detection of possible violation of Union restrictive measures and enhanced cross-border cooperation in investigations into possible criminal offences. For such purposes, increased efforts for preventing the evasion of Union restrictive measures should be explored, including through the establishment of joint sanctions enforcement structures, with a view to supporting Member States in the implementation of Union restrictive measures.
Amendment 71 #
Proposal for a directive Recital 10 a (new) (10 a) The net proceeds resulting from the liquidation of confiscated assets as a result of those crimes mentioned in recitals 9 and 10 of this Directive shall be considered for a transfer by the Member States to the Union budget in the form of a new own resource, based on a preliminary detailed assessment of the Commission.
Amendment 72 #
Proposal for a directive Recital 11 (11)
Amendment 73 #
Proposal for a directive Recital 11 a (new) Amendment 74 #
Proposal for a directive Recital 22 (22) Freezing measures should should include measures aimed at preserving and optimizing the value of concerned property until its disposal and be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings, provided that it would ultimately be made available for effective execution of the confiscation order. In the context of criminal proceedings, property may also be frozen with a view to its possible subsequent restitution or in order to safeguard compensation for the damage caused by a criminal offence.
Amendment 75 #
Proposal for a directive Recital 39 (39) An effective
Amendment 76 #
Proposal for a directive Recital 39 a (new) (39 a) The proceeds of confiscated assets for the Member States are highly unpredictable and volatile in nature. Due to this unpredictability, confiscation of assets may occur more often in some Member States than others. Besides possible windfall gains, investments and efforts which need to be taken to curb criminal offences and to finally confiscate assets are inseparable and unpredictable by nature. To mutualise the risks and the benefits making the need proceeds from the liquidation of confiscated assets without prejudice to restitution, compensation, to the victims/public concerned a new own resource follows the logic of European added value. Therefore the monetary value of the net procceds resulting from the liquidation of confiscated criminal should be transfered by the Member States to the Union budget in the form of a new own resource following the entry into force of the relevant Own Resources Decision.
Amendment 77 #
Proposal for a directive Recital 39 a (new) (39 a) The net proceeds resulting from the liquidation of confiscated assets for the Member States are highly unpredictable and volatile in nature. Due to this unpredictability, confiscation of assets may occur more often in some Member States than others. Besides possible windfall gains, investments and efforts which need to be taken to curb criminal offences and to finally confiscate assets are inseparable and unpredictable at the moment. To mutualise the risks and the benefits making the revenues of confiscated assets a new own resource follows the logic of European added value. Therefore, the net proceeds resulting from the liquidation of the confiscated assets other than those related to the crime of Russian aggression against Ukraine shall be considered for a transfer by the Member States to the Union budget in the form of a new own resource, based on a preliminary detailed assessment of the Commission.
Amendment 78 #
Proposal for a directive Recital 39 b (new) (39 b) The net proceeds resulting from the liquidation of confiscated assets resulting from the crime of Russian aggression against Ukraine shall be transferred by the Member States to the Union budget in form of the external assigned revenue. Such revenue should be allocated to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine used to support projects to build and rebuild infrastructure in Ukraine and to provide compensation to the Ukrainian victim population. Domestic civil society organisations in Ukraine should be involved in consultations during the preparation of the above-mentioned projects which shall include concrete deliverables and spending guidelines. The European Parliament and the Commission shall monitor and scrutinise by means of regular reporting and discharge procedure the implementation of these projects to ensure that the partners responsible for implementation on the ground respect the principle of good governance and anti-corruption measures.
Amendment 79 #
Proposal for a directive Recital 39 b (new) (39 b) The net proceeds from the liquidation of confiscated assets resulting from the crime of Russian aggression on Ukraine without prejudice to restitution, compensation, to the victims/public concerned shall be transferred by the Member States to the Union budget in form of the external assigned revenue until the relevant Own Resources Decision enters into force. Such revenue should be externally assigned revenue in the Eastern Neighbourhood in the Neighbourhood, Development and International Cooperation Instrument – Global Europe on the Esastern Neighbourhood line ( 14 02 01 11) and should be used to support Ukraine in the current MFF and the relevant budget line in the next MFF if needed.
Amendment 80 #
Proposal for a directive Recital 41 (41) To ensure consistent approaches among Member States in the collection of statistics, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission to supplement this Directive by adopting more detailed rules on the information to be collected and the methodology for the collection of the statistics. In this scope, a monitoring system should be in place at Union level to support effective evaluation in the information collection process.
Amendment 81 #
Proposal for a directive Recital 45 (45) Asset recovery offices should also closely cooperate with EU bodies and agencies, including Europol, Eurojust and the European Public Prosecutor’s Office, in accordance with their respective mandates, insofar as it is necessary to trace and identify property within the cross-border investigations supported by Europol and Eurojust or within the investigations undertaken by the European Public Prosecutor’s Office. Asset recovery offices shall closely cooperate with the central and decentralised levels of the European Public Prosecutor's Office (EPPO) if appropriate with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO. Asset recovery offices shall therefore incur the reporting obligations under the EPPO Regulation, reporting to the EPPO in the same way as they do to national competent authorities and Financial Intelligence Units. Asset recovery offices should also cooperate with EPPO, Europol and Eurojust, in accordance with their respective mandates, insofar as it is necessary to trace and identify property to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.
Amendment 82 #
Proposal for a directive Recital 46 (46) In order to ensure that there is a common understanding and minimum standards for asset tracing and identification, freezing and management, this Directive should lay down minimum rules for the relevant measures as well as related safeguards. Furthermore, the implementation of the directive and in particular the measures undertaken to safeguard the value of frozen assets as well as the use of the proceeds from the liquidation of confiscated assets should be done in a way to ensure that no significant harm to any of the six environmental objectives, within the meaning of Article 17, on the establishment of a framework to facilitate sustainable investment (EU Taxonomy Regulation) is done. The adoption of minimum rules does not prevent Member States from granting more extensive powers to asset recovery offices or to asset management offices, or to provide for additional safeguards under national law, provided that such national measures and provisions do not undermine the objective of this Directive.
Amendment 83 #
Proposal for a directive Recital 47 a (new) (47 a) The Commission is invited to carry out an ex-ante impact assessment on how the net proceeds resulting from the liquidation of assets confiscated or recovered by Member States pursuant to this Directive could be made available to the Union budget as an own resource, in accordance with Article 311 TFEU, while at the same time safeguarding the capacity of Member States to effectively implement the Directive and measures aimed at compensation and support for victims of crime.
Amendment 84 #
Proposal for a directive Recital 47 b (new) (47 b) The Commission assessment should detail how such a new own resource could support Union priorities and the adequate financing of Union expenditure, while reducing the share of GNI-based contributions in the financing of the Union’s budget and facilitating efficiency gains compared to national spending.
Amendment 85 #
Proposal for a directive Article 7 – paragraph 2 2. Member States shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy and ethics as provided for under applicable national law. Member States shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively and provide regular training including on ethics, integrity and anti-corruption.
Amendment 86 #
Proposal for a directive Article 11 – paragraph 6 a (new) 6 a. Member States shall ensure sufficient budgetary resources to properly manage and maintain value frozen property in cases where there is no possibility to charge the costs for the management of frozen property to the beneficial owner or proceed with an interlocutory sale.
Amendment 87 #
Proposal for a directive Article 11 – paragraph 7 a (new) 7 a. Court-appointed administrators in charge of the frozen assets before their possible confiscation shall undergo regular professional training, including on integrity, ethics and anti-corruption measures. They shall work under the principle of rotation and have a limited number of assignments.
Amendment 88 #
Proposal for a directive Article 12 – paragraph 2 a (new) 2 a. Member States shall take the necessary measures, including by introducing relevant provisions into their national legislation, to enable the confiscation based on the following elements: (a) Court decision establishing the link between the person or entity, including those placed on the EU sanction list, and the crime of aggression or facilitation of the aggression, committed by Russian political and military entities against Ukraine, in accordance with Article 2(1), point (na) of this Directive; (b) Court decision establishing the fact of violation of Union restrictive measures and targeted financial sanctions, in accordance with Article 3, points 11 and 12 of this Directive.
Amendment 89 #
Proposal for a directive Article 16 – paragraph 4 a (new) 4 a. Member States shall take the necessary measures to enable the confiscation of property, where confiscation is not possible pursuant to Articles 12 to 15 and the following conditions are fulfilled: (a) the property is subject to the power of disposal of a politically exposed person and where a court has established a link between that person and the crime of aggression or facilitation of the aggression, committed by Russian political and military entities against Ukraine, or other crimes associated with the crime of Russia-provoked aggression, in accordance with Article 2(1), point (na) of this Directive; (b) the national court is satisfied that the frozen property is of illicit origin.
Amendment 90 #
Proposal for a directive Article 17 – paragraph 1 a (new) 1 a. 3. The proceeds of crime may be used, including as new own resources, to enhance the Union’s resilience in the face of crises and be directed towards programmes dedicated to tackle challenges that arised or were amplified by the illegal war of aggression against Ukraine, such as rises costs of living, energy and food insecurity.
Amendment 91 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall
Amendment 92 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall consider
Amendment 93 #
Proposal for a directive Article 17 – paragraph 2 – subparagraph 1 (new) Member States shall make the monetary value of assets confiscated or recovered from criminal activities falling within the meaning of Directive (EU) [.../...] [Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures] and which are in violation of Union restrictive measures adopted against Russia in response to its war of aggression against Ukraine available for use in the reconstruction of Ukraine.
Amendment 94 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2 a. The monetary value of the confiscated criminal proceeds set out in Article 26a of this Directive shall be assigned to reconstructing Ukraine in the form of an external assigned revenue and shall be used to support projects to build and rebuild infrastructure in Ukraine including through the use of financial instruments and to provide compensation to the Ukrainian victim population.
Amendment 95 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2 a. Member States shall decide on the use of the net proceeds resulting from the liquidation of confiscated assets except for those established as an own resource in accordance with Article 311(3) TFEU and those listed under Article 26a of this Directive, which shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation.
Amendment 96 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2 a. Such proceeds shall be assigned in the form of external assigned revenue allocated to EU programmes under Heading 6 of the Union’ budget, or other EU programmes, and shall be used to support building and rebuilding of the infrastructure in Ukraine, as well as to provide compensation to Ukrainian victims of the war.
Amendment 97 #
Proposal for a directive Article 17 – paragraph 2 b (new) 2 b. The net proceeds resulting from the liquidation of confiscated assets set out in Article 26a of this Directive shall be assigned to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine in the form of an external assigned revenue and shall be used to support projects to build and rebuild infrastructure in Ukraine and to provide compensation to the Ukrainian victim population.
Amendment 98 #
Proposal for a directive Article 18 – paragraph 1 a (new) The net proceeds resulting from the liquidation of the confiscated assets related to the crimes set out in Article 26a (new) of this Directive shall be transferred by the national authorities of the Member States to the Neighbourhood, Development and International Cooperation Instrument - Global Europe (Eastern Neighbourhood) for the purpose of the reconstruction of Ukraine.
Amendment 99 #
Proposal for a directive Article 25 – paragraph 1 Member States shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this Directive, have appropriately qualified staff and appropriate financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In this regard, staff pertaining to asset recovery offices and asset management offices may participate in training activities for skilling and upskilling, including through Union programmes and cooperation between Member States, through which best practices can be exchanged and the institutional capacities strengthened.
source: 739.823
2023/03/10
LIBE
291 amendments...
Amendment 100 #
Proposal for a directive Recital 14 (14) In order to facilitate cross-border cooperation, the tracing and identification of property at an early stage of a criminal investigation is of essence to ensure the prompt identification of instrumentalities, proceeds, or property, which might be subsequently confiscated, including property related to criminal activities located in other jurisdictions. To ensure a high standard of operating, it is important that rules relating to the work of asset recovery office are harmonised, in order to increase the rate of cross-border information exchange and the tracing of criminal assets. To ensure that financial investigations are sufficiently prioritised in all Member States, so to address a crime of cross-border nature, it is necessary to require competent authorities to launch asset tracing from the moment there is a suspicion of criminal activities that are likely to generate substantial economic benefits.
Amendment 101 #
Proposal for a directive Recital 15 (15) Investigations to trace and identify
Amendment 102 #
Proposal for a directive Recital 17 (17) In order to perform effective asset tracing investigations, efficiently assess whether it is worthwhile to issue a freezing order under Regulation (EU) 2018/1805, and to swiftly respond to cross- border requests, asset recovery offices should have access to the information that allows them to establish the existence, ownership or control of property that may become object of a freezing or a confiscation order. Therefore, asset recovery offices should have swift access to the relevant data such as balances on bank accounts and transaction data, fiscal data, national citizenship and population registries, commercial databases and social security information. This should include law enforcement information in so far as data such as criminal records, vehicles stops, property searches and previous legal actions such as freezing and confiscation orders or seizures of cash can be of value to identify relevant property. Access to information should be subject to specific safeguards that prevent the misuse of the access rights. These safeguards should be
Amendment 103 #
Proposal for a directive Recital 17 (17) In order to perform effective asset tracing investigations, and to swiftly respond to cross-border requests, asset recovery offices should have access to the information that allows them to establish the existence, ownership or control of property that may become object of a freezing or a confiscation order. Therefore, asset recovery offices should have access to the relevant data such as fiscal data, national citizenship and population registries, commercial databases and social security information. This should include law enforcement information in so far as data such as criminal records, vehicles stops, property searches and previous legal actions such as freezing and confiscation orders or seizures of cash can be of value to identify relevant property. Access to information should be subject to specific
Amendment 104 #
Proposal for a directive Recital 18 (18) To ensure and facilitate the security of the information and personal data shared between asset recovery offices
Amendment 105 #
Proposal for a directive Recital 20 (20) Confiscation leads to the final deprivation of property. However, preservation of property can be a prerequisite to confiscation and is often essential for the proper tracing of proceeds and other property directly or indirectly derived from criminal conduct, and for the effective enforcement of a confiscation order. Property is preserved by means of freezing. In order to prevent the dissipation of property before a freezing order can be issued, the competent authorities in the Member States, including asset recovery offices, should be empowered to take immediate action in order to secure such property. In order to take such action with due diligence and without undue delay, those competent authorities should be sufficiently staffed and trained.
Amendment 106 #
Proposal for a directive Recital 21 (21) Given the limitation on the right to property imposed by freezing orders, such provisional measures should not be maintained longer than necessary to preserve the availability of the property with a view to possible subsequent confiscation. This may require a review by the national court in order to ensure that the purpose of preventing the dissipation of property remains valid. The Member State authorities should be empowered to prohibit immediately the transfer or disposal of property in order to prevent its disappearance before an asset freeze can be ordered.
Amendment 107 #
Proposal for a directive Recital 21 (21) Given the limitation on the right to property imposed by freezing orders, such provisional measures should not be maintained longer than necessary to preserve the availability of the property with a view to possible subsequent confiscation.
Amendment 108 #
Proposal for a directive Recital 22 (22) Freezing measures should include measures aimed at preserving and optimizing the value of concerned property until its disposal and should be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings, in line with applicable law on admissibility of evidence and related procedural safeguards, and provided that
Amendment 109 #
Proposal for a directive Recital 24 (24) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through
Amendment 110 #
Proposal for a directive Recital 24 (24) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through an intermediary, by the third party from a suspected
Amendment 111 #
Proposal for a directive Recital 25 (25) Criminal organisations engage in a wide range of criminal activities. In order to effectively tackle organised criminal activities, there may be situations where it is appropriate that a criminal conviction for a criminal offence that is liable to give rise to economic benefits be followed by the confiscation not only of property associated with a specific crime, including proceeds of crime or its instrumentalities, but also of additional property which the court determines as being derived from criminal conduct. It should be possible to confiscate assets in order to halt criminal activities and ensure that resulting profits cannot be reinvested in licit economic activity.
Amendment 112 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness
Amendment 113 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or
Amendment 114 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be
Amendment 115 #
Proposal for a directive Recital 26 (26) Confiscation should also be possible where a court is satisfied that the instrumentalities, proceeds, or property in question is derived from criminal conduct but where a final conviction is not possible because of illness, absconding or death of the suspected or accused person, or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national and international law. The same should be possible where the time limits prescribed under national law have expired, where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. Confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. For reasons of proportionality, confiscating property without a prior conviction should be limited to cases of serious crimes. The right of the defendant to be made aware of the proceeding and to
Amendment 116 #
Proposal for a directive Recital 27 (27) For the purposes of this Directive, illness should be understood to mean the inability of the suspected or accused person, corroborated by an ascertainable medical report, to attend the criminal proceedings, even remotely, for an extended period, as a result of which the proceedings cannot continue after a certain delay.
Amendment 117 #
Proposal for a directive Recital 28 (28) Due to the intrinsically opaque nature of organised crime, it is not always possible to link property derived from criminal activities to a specific criminal offence and confiscate such property. In such situations, confiscation should be possible under certain conditions including in particular: the property is frozen based on suspicion of crimes committed within the framework of or in connection with a criminal organisation or state structures involved in fraudulent or corrupt activities, these criminal offences are liable to give rise to substantial economic benefits
Amendment 118 #
Proposal for a directive Recital 28 a (new) (28a) Rules for the disposal of frozen or confiscated property should give priority to the compensation of, and restitution of property to, victims. While the notion of ‘victim’ is to be interpreted in accordance with national law, such notion should also be able to provide that a legal person could be a victim for the purpose of this Directive. The public concerned, including affected communities, should be entitled to obtain restoration from damages caused by the offences directly and benefit from the returns from these damages. Frozen property and confiscated property which is not restituted to the legitimate of owner from whom the property was stolen, or that is not used for compensation to the victims and to the public concerned for the damage caused by a criminal offence, should be earmarked, as a matter of priority, for public interest and social reuse purposes, including restorative justice and crime prevention projects and for other projects of public interest, social reuse, and social utility. For the purpose of this directive, public interest, social utility and social reuse should not be understood to mean only actions under the remit of public entities. Member States should devise mechanisms that would prioritise and promote public interest and social reuse in managing and disposing of confiscated assets. Concerned public and the affected communities should be provided with assistance to help enhance their resilience to organised crime, and civil society should be involved in managing and disposing of confiscated assets for public utility purposes. Furthermore, the implementation of this Directive and in particular the measures undertaken to safeguard the value of frozen assets and confiscated property as well as the use of the proceeds from the liquidation of confiscated assets should be done in a way to ensure that no significant harm to any of the six environmental objectives, within the meaning of Article 17, on the establishment of a framework to facilitate sustainable investment (EU Taxonomy Regulation) is done.
Amendment 119 #
Proposal for a directive Recital 28 a (new) (28a) Economic and financial crime, especially organised crime, often act through legal persons, and the criminal offences included in the scope of this Directive may be committed in the interest or for the benefit of such legal persons. Therefore, freezing and confiscation orders should be issued also against legal persons.
Amendment 120 #
Proposal for a directive Recital 28 b (new) (28b) Member States shall coordinate and facilitate possibilities for using the confiscated property for the purpose of restitution vis-a-vis third countries affected by international crimes including crime of aggression originating in the countries of the individuals subject to confiscation. Where the confiscated assets stem from the crime of Russian aggression on Ukraine or associated crimes, and without prejudice to restitution to and compensation of the victims or the public concerned by the criminal offence, the confiscated assets or the net proceeds resulting from the liquidation of such assets should be dedicated to contributions towards the reconstruction efforts of Ukraine.
Amendment 121 #
Proposal for a directive Recital 29 (29) To ensure that property that is or may become subject to a freezing or confiscation order maintains its economic value Member States should put in place effective management measures
Amendment 122 #
Proposal for a directive Recital 29 a (new) (29a) Organised crime affects not only the victims of the crimes committed by criminal organisations, but also the society as a whole. Therefore, without prejudice to victims' rights to compensation or restitution, and according to all the circumstances, Member States should adopt measures allowing the use of confiscated property for public interest or social purposes. Several Member States have adopted, more than twenty years ago, specific legislation providing for the direct or indirect reuse of confiscated property for purposes of public or social interest, benefitting from multiple positive aspects deriving from the reuse, both for public finances and for its symbolic value, as a visible counter-message for the affirmation of the values of justice and legality and the relaunching of the territories marked by the presence of organised crime.
Amendment 123 #
Proposal for a directive Recital 30 (30) In circumstances where the property frozen is perishable, rapidly depreciating, or whose maintenance costs are disproportionate to its expected value at the time of confiscation,
Amendment 124 #
Proposal for a directive Recital 32 (32) This Directive respects the fundamental rights and observes the principles recognized by the Charter of Fundamental Rights of the European Union (‘the Charter’) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the
Amendment 125 #
Proposal for a directive Recital 34 (34) Freezing, confiscation, and interlocutory sales orders should be communicated to the affected party without delay. The purpose of communicating those orders is, inter alia, to allow the affected person to challenge them before a court. Therefore, such communications should, as a general rule, indicate the reason or reasons for the order concerned. The affected party should have the effective possibility to challenge the freezing, confiscation, and interlocutory sales orders. In the case of confiscation orders where all elements of the criminal offence are present but a criminal conviction is impossible, the defendant should have a possibility to be heard, in the presence of a lawyer if requested, before the adoption of the order. The same possibility should be provided for the owner affected by an order to sell the property before confiscation.
Amendment 126 #
Proposal for a directive Recital 34 (34) Freezing, confiscation, and interlocutory sales orders should, in principle, be communicated to the affected party without delay, except in circumstances wherein such communication can put at risk the confidentiality or integrity of a criminal investigation. The purpose of communicating those orders is, inter alia, to allow the affected person to challenge them before a court. Therefore, such communications should, as a general rule, indicate the reason or reasons for the order concerned. The affected party should have the effective possibility to challenge the freezing, confiscation, and interlocutory sales orders. In the case of confiscation orders where all elements of the criminal offence are present but a criminal conviction is impossible, the defendant should have a possibility to be heard before the adoption of the order.
Amendment 127 #
Proposal for a directive Recital 39 (39) An effective
Amendment 128 #
Proposal for a directive Recital 39 a (new) (39a) It is important that minimum standards for the functioning of asset recovery offices and asset management offices are ensured throughout the Union. For this reason, Member States should be required to regularly report to the Commission on the financial, human and technical resources allocated to these offices.
Amendment 129 #
Proposal for a directive Recital 43 a (new) (43a) In order to advise the Commission on the implementation of the measures provided for in this Directive, to exchange information on the efficiency and effectiveness of the cooperation with third countries and to analyse the national strategies on asset recovery adopted by Member States to identify best practices, a platform on asset recovery and confiscation (the ‘platform’) should be established under the political guidance of the Commission. The platform should be composed of representatives from asset recovery offices and asset management offices and should be co-chaired by a representative of the Commission and of Europol. It should invite representatives from Eurojust and the European Public Prosecutors Office to participate to the meetings of the platform.
Amendment 130 #
Proposal for a directive Recital 43 b (new) (43b) In order to enhance the effectiveness of the Union’s restrictive measures, an EU Coordinator for compliance with restrictive measures of the Union should be appointed. The EU Coordinator for compliance with restrictive measures of the Union should analyse, coordinate, and promote new restrictive measures in the Union, pool information and resources to counter their violation, and identify sectors and trade flows with a high circumvention risk;
Amendment 131 #
Proposal for a directive Recital 43 c (new) (43c) To manage the frozen assets within the framework of the Common Foreign and Security Policy efficiently, the European Commission should set up a special EU Asset Management Office.
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive establishes minimum rules on the tracing and identification, freezing, confiscation, and management of property within the framework of criminal proceedings
Amendment 133 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive also establishes rules to facilitate the effective implementation of Union restrictive measures and the tracing and subsequent recovery of related property where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.
Amendment 134 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) terroris
Amendment 135 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) illicit trafficking in narcotic drugs and psychotropic substances, where these offences are punishable by at least 5 years in prison, as defined in Council Framework Decision 2004/757/JHA41; _________________ 41 Council Framework Decision
Amendment 136 #
Proposal for a directive Article 2 – paragraph 1 – point l a (new) (la) market abuse, including insider dealing, unlawful disclosure of inside information and market manipulation, as defined in Directive (EU) 2014/57 of the European Parliament and of the Council49a; _________________ 49a Directive (EU) 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) (OJ L 173, 12.6.2014, p. 179).
Amendment 137 #
Proposal for a directive Article 2 – paragraph 1 – point m (m) environmental crime
Amendment 138 #
Proposal for a directive Article 2 – paragraph 1 – point m (m) environmental crime, including illicit trade and trafficking in endangered animal
Amendment 139 #
Proposal for a directive Article 2 – paragraph 1 – point n Amendment 140 #
Proposal for a directive Article 2 – paragraph 1 – point n Amendment 141 #
Proposal for a directive Article 2 – paragraph 1 – point n a (new) (na) genocide, crimes against humanity, war crimes, and the crime of aggression, as defined in the Rome Statute of the International Criminal Court of 17 July 1998;
Amendment 142 #
Proposal for a directive Article 2 – paragraph 2 – introductory part 2. This Directive shall apply to the following offences and to the offences as defined in the national law of the Member States to the extent that the offence is committed within the framework of a criminal organisation:
Amendment 143 #
Proposal for a directive Article 2 – paragraph 2 – point e a (new) (ea) illicit trafficking in hormonal substances and other growth promoters;
Amendment 144 #
Proposal for a directive Article 2 – paragraph 2 – point e b (new) (eb) illicit trafficking in nuclear or radioactive materials;
Amendment 145 #
Proposal for a directive Article 2 – paragraph 2 – point f a (new) (fa) racism and xenophobia;
Amendment 150 #
Proposal for a directive Article 2 – paragraph 2 – point i c (new) (ic) unlawful seizure of aircraft or ships;
Amendment 151 #
(id) sabotage;
Amendment 152 #
Proposal for a directive Article 2 – paragraph 2 – point j (j) tax crimes relating to direct taxes and indirect taxes and as defined in the national law of the Member States
Amendment 153 #
Proposal for a directive Article 2 – paragraph 2 – point j a (new) (ja) violence, threat or intimidation, committed to acquire directly or indirectly the management or control of economic activities, of concessions, of authorisations, procurement and public services, or to achieve unfair profits or advantages, or to prevent or impede the free exercise of voting or to procure votes in the context of electoral consultations.
Amendment 154 #
Proposal for a directive Article 2 – paragraph 2 – point j a (new) (ja) illicit trafficking in hormonal substances and other growth promoters;
Amendment 155 #
Proposal for a directive Article 2 – paragraph 2 – point j b (new) (jb) illicit trafficking in nuclear or radioactive materials;
Amendment 156 #
Proposal for a directive Article 2 – paragraph 2 – point j c (new) (jc) crimes within the jurisdiction of the International Criminal Court;
Amendment 157 #
(jd) unlawful seizure of aircraft or ships.
Amendment 158 #
Proposal for a directive Article 2 – paragraph 5 5. The provisions on tracing and identification of instrumentalities and proceeds, or property in Chapter II shall apply to all criminal offences as defined in national law in accordance with paragraph 1 which are punishable by deprivation of liberty or a detention order of at least one year.
Amendment 159 #
Proposal for a directive Article 2 – paragraph 5 a (new) 5a. This Directive shall not apply to formal or informal activities of humanitarian assistance to people on the move and entering EU borders.
Amendment 160 #
Proposal for a directive Article 2 – paragraph 5 b (new) 5b. This Directive shall also not apply to activities under the framework of Maritime Law, such as savings and search and rescue operations.
Amendment 161 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in such property;
Amendment 162 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, including crypto assets, and legal documents or instruments evidencing
Amendment 163 #
Proposal for a directive Article 3 – paragraph 1 – point 5 a (new) (5a) ‘urgent freezing measure’ means immediate action undertaken by an asset recovery action when necessary in order to preserve a property;
Amendment 164 #
Proposal for a directive Article 3 – paragraph 1 – point 6 (6) ‘confiscation’ means a final deprivation of property ordered by a court in relation to a criminal offence or criminal conduct;
Amendment 165 #
Proposal for a directive Article 3 – paragraph 1 – point 9 a (new) (9a) ‘public concerned’, means the natural or legal persons, or groups of persons including local communities and non-governmental organisations being entitled to the compensation of the damages caused by the offences referred to in Article 2;
Amendment 166 #
Proposal for a directive Article 3 – paragraph 1 – point 9 a (new) (9a) ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations;
Amendment 167 #
Proposal for a directive Article 3 – paragraph 1 – point 10 a (new) (10a) ‘politically exposed person’ means person who is or who has been entrusted with prominent public functions in a Member State, as defined in Directive 2015/849/EU;
Amendment 168 #
Proposal for a directive Article 4 – paragraph 1 1. To facilitate cross-border cooperation, Member States shall take measures to enable the swift tracing and identification of instrumentalities
Amendment 169 #
Proposal for a directive Article 4 – paragraph 2 2. Asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities when
Amendment 170 #
Proposal for a directive Article 4 – paragraph 2 2. Asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities whenever an investigation is initiated in relation to a criminal offence which is likely to give rise to substantial economic benefit, or where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures. The initiation of the asset tracing investigation shall be systematic, but may be subject to a minimum threshold as regards the value linked to the criminal offence.
Amendment 171 #
Proposal for a directive Article 4 – paragraph 2 2. Asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities whenever an investigation or a criminal intelligence operation is initiated in relation to a criminal offence which is likely to give rise to substantial economic benefit, or where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.
Amendment 172 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Asset tracing investigations pursuant to paragraph 1 shall be carried out also for the purposes of restitution and compensation to victims.
Amendment 173 #
Proposal for a directive Article 5 – paragraph 1 1. Each Member State shall set up at least one asset recovery office to facilitate cross-border cooperation in relation to asset tracing investigations which shall act under the responsibility of a judicial authority.
Amendment 174 #
Proposal for a directive Article 5 – paragraph 1 1. Each Member State shall set up at least one asset recovery office to facilitate
Amendment 175 #
Proposal for a directive Article 5 – paragraph 2 – point a (a) trace and identify instrumentalities, proceeds,
Amendment 176 #
Proposal for a directive Article 5 – paragraph 2 – point a (a) trace and identify instrumentalities, proceeds, or property whenever necessary to support other competent national authorities responsible and EPPO for asset tracing investigations pursuant to Article 4;
Amendment 177 #
Proposal for a directive Article 5 – paragraph 2 – point b (b) trace and identify instrumentalities, proceeds,
Amendment 178 #
Proposal for a directive Article 5 – paragraph 2 – point b (b) trace and identify instrumentalities, proceeds, or property
Amendment 179 #
Proposal for a directive Article 5 – paragraph 2 – point c (c) cooperate and exchange information with other Member States’ asset recovery offices in the tracing and identification of instrumentalities
Amendment 180 #
Proposal for a directive Article 5 – paragraph 2 – point c (c) cooperate and exchange information with other Member States’ asset recovery offices and EPPO in the tracing and identification of instrumentalities and proceeds, or property which may become or is the object of a freezing or confiscation order;
Amendment 181 #
Proposal for a directive Article 5 – paragraph 2 – point d (d) exchange information with other Member States' asset recovery offices
Amendment 182 #
Proposal for a directive Article 5 – paragraph 3 3. Asset recovery offices shall be empowered to trace and identify property of persons and entities subject to
Amendment 183 #
Proposal for a directive Article 6 – paragraph 1 – introductory part 1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have
Amendment 184 #
1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have immediate and direct access to the following information to the extent that information is necessary for the tracing and identification of proceeds, instrumentalities, and property and to ensure data protection:
Amendment 185 #
Proposal for a directive Article 6 – paragraph 1 – introductory part 1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have
Amendment 186 #
Proposal for a directive Article 6 – paragraph 1 – introductory part 1. For the purposes of performing the
Amendment 187 #
Proposal for a directive Article 6 – paragraph 1 – point a a (new) (aa) data regarding the balance on bank accounts and financial transactions;
Amendment 188 #
Proposal for a directive Article 6 – paragraph 1 – point b a (new) (ba) beneficial owners registers
Amendment 189 #
Proposal for a directive Article 6 – paragraph 1 – point b b (new) (bb) relevant high value goods or assets registers
Amendment 190 #
Proposal for a directive Article 6 – paragraph 1 – point e (e) commercial databases, including business and company or trust registers, including beneficial ownership registers;
Amendment 191 #
Proposal for a directive Article 6 – paragraph 1 – point g Amendment 192 #
Proposal for a directive Article 6 – paragraph 1 – point g a (new) (ga) in accordance with national law, data stored by providers of virtual assets, including account balances of virtual assets;
Amendment 193 #
Proposal for a directive Article 6 – paragraph 1 – point g b (new) (gb) in accordance with national law, data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).
Amendment 194 #
Proposal for a directive Article 6 – paragraph 1 a (new) Amendment 195 #
Proposal for a directive Article 6 – paragraph 1 a (new) 1a. Member States shall ensure that information accessed and data gathered by asset recovery offices pursuant to paragraph 1 is limited to what is adequate, relevant and not excessive for purposes of the asset tracing investigation. Member States shall ensure that information obtained by asset recovery offices shall be used only for the purpose for which it was sought.
Amendment 196 #
Proposal for a directive Article 6 – paragraph 2 2. Where the information referred to in paragraph 1 is not stored in databases or registers that are accessible to the asset recovery office, Member States shall take the necessary measures to ensure that asset recovery offices
Amendment 197 #
Proposal for a directive Article 6 – paragraph 2 2. Where the information referred to in paragraph 1 is not stored in databases or registers, Member States shall take the necessary measures to ensure that asset recovery offices can swiftly obtain that information by other means in a systematic and automised manner.
Amendment 198 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. The Commission may adopt delegated acts in accordance with Article 30 laying down specifications for a standardised template for requests for information as referred to in paragraph 1, point (b) of this Article.
Amendment 199 #
Proposal for a directive Article 6 – paragraph 3 3. The
Amendment 200 #
Proposal for a directive Article 6 – paragraph 3 3. The direct
Amendment 201 #
Proposal for a directive Article 7 – paragraph 1 1. Access to information pursuant to Article 6 shall be performed
Amendment 202 #
Proposal for a directive Article 7 – paragraph 2 2. Member States shall ensure that staff of the asset recovery offices comply with the procedural safeguards applicable to asset tracing investigations in criminal proceedings, rules on confidentiality and professional secrecy as provided for under applicable national law, as well as with the Union data protection acquis. Member States shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively.
Amendment 203 #
Proposal for a directive Article 7 – paragraph 2 2. Member States shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy as provided for under applicable national law. Member States shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively, including by providing training on ethics and anti-corruption.
Amendment 204 #
Proposal for a directive Article 8 – paragraph 1 – introductory part 1. Without prejudice to the requirements laid down in Article 25 of Directive 2016/680, Member States shall ensure that the authorities holding the information referred to in Article 6 keep logs of all access and search activities by asset recovery offices in accordance with this Directive. The logs shall contain the following:
Amendment 205 #
Proposal for a directive Article 8 – paragraph 2 2. The logs referred to in paragraph 1 may be used only for data protection monitoring, including checking the lawfulness of data processing, for criminal proceedings, and for ensuring data security and integrity. The logs shall be protected by appropriate measures against unauthorised access and erased five years after their creation. If, however, they are required for monitoring procedures that are ongoing, they shall be erased once the monitoring procedures no longer require the logs.
Amendment 206 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 1 Member States shall take the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office of another Member State, any information that is necessary for the performance of their tasks pursuant to Article 5. The categories of personal data that can be provided are those listed in Section B, point 2 of Annex II to Regulation (EU) 2016/794, with the exception of the special categories of personal data pursuant to Article 9 of Regulation (EU) 2016/679 or Article 10 of Regulation (EU) 2018/1725 and behavioural data.
Amendment 207 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 1 Member States shall take the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office of another Member State, any information that is necessary for the performance of their tasks pursuant to Article 5. The categories of personal data that can be provided are those listed in Section B, point 2 of Annex II to Regulation (EU) 2016/794, with the exclusion of the special data categories of personal data relating to forensic identification information under Section B, point 2(c)(v) .
Amendment 208 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 1 Member States shall take the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office of another Member State, any information that is necessary for the performance of their tasks pursuant to Article 5. The categories of personal data that can be provided are those listed in Section B, point 2 of Annex II to Regulation (EU) 2016/794, with the exception of forensic identification information as listed under Section B, point 2(c)(v) of Annex II of Regulation (EU) 2016/794.
Amendment 209 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 1 Member States shall take the necessary measures to ensure that their asset recovery
Amendment 210 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 2 Any request for personal data to be provided
Amendment 211 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. When making a request pursuant to paragraph 1, the requesting asset recovery office shall, in line with the objective of data minimisation, specify as precisely as possible the following:
Amendment 212 #
Proposal for a directive Article 9 – paragraph 2 – point b (b) the legal and factual grounds upon which the request is based, and the indication of the reasons for the request, including the relevance of the information requested for the tracing and identification of the property;
Amendment 213 #
Proposal for a directive Article 9 – paragraph 2 – point g (g) and/or the natural or legal persons presumed to be involved, such as names, addresses, dates and places of birth,
Amendment 214 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall take the necessary measures to enable that their asset
Amendment 215 #
Proposal for a directive Article 9 – paragraph 4 Amendment 216 #
Proposal for a directive Article 9 – paragraph 4 4.
Amendment 217 #
Proposal for a directive Article 9 – paragraph 5 5. Member States shall ensure that asset recovery offices have direct access to SIENA and use the SIENA system or, where appropriate, other secure channels for exchanging information pursuant to this Article.
Amendment 218 #
Proposal for a directive Article 9 – paragraph 6 – point b (b) jeopardise an ongoing
Amendment 219 #
Proposal for a directive Article 9 – paragraph 6 – point b a (new) (ba) (c) in particular and objectively specified circumstances, entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right to defence.
Amendment 220 #
Proposal for a directive Article 9 – paragraph 6 – point b a (new) (ba) not be in accordance with fundamental principles of national law, including Member State’s obligations under Article 6 TEU.
Amendment 221 #
Proposal for a directive Article 9 – paragraph 6 – point b a (new) (ba) violate the requested Member States’ obligations under Article 6 of the Treaty on European Union.
Amendment 222 #
Proposal for a directive Article 9 – paragraph 6 – point b a (new) (ba) or otherwise would not be in accordance with fundamental principles of national law.
Amendment 223 #
Proposal for a directive Article 9 – paragraph 6 – point b a (new) (ba) jeopardise the fulfilment of the Member States’ obligations under Article 6 TEU.
Amendment 224 #
Proposal for a directive Article 9 – paragraph 7 7. For refusals to give information, Member States shall take the necessary measures to ensure that reasons are given
Amendment 225 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that the receipt of requests for information pursuant to this Directive are immediately and systematically acknowledged. Where the information requested pursuant to paragraph 1, point (b) is not directly available or the request pursuant to paragraph 1, point (a) imposes a disproportionate burden, the asset recovery office receiving the request may postpone the provision of the information. In that case, the requested asset recovery office shall immediately inform the requesting asset recovery office of this postponement and shall provide the requested information as soon as possible, and in any event within three days of the initial deadline established pursuant to paragraph 1.
Amendment 226 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property under Article 12, or to secure victims' rights to compensation or restitution pursuant to Article 18.
Amendment 227 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of and preservation of that property under Articles 12, 13, 14, 15 and 16.
Amendment 228 #
Proposal for a directive Article 11 – paragraph 2 Amendment 229 #
Proposal for a directive Article 11 – paragraph 2 2. Freezing measures shall include immediate action, in the form of urgent freezing measures, to be taken when necessary in order to preserve the property.
Amendment 230 #
Proposal for a directive Article 11 – paragraph 3 3. When necessary to preserve the property, Member States shall enable asset recovery offices
Amendment 231 #
3. Member States shall enable asset recovery offices or other competent authorities to take immediate action pursuant to paragraph 2 until a freezing order pursuant to paragraph 1 is issued. The validity of such temporary urgent freezing measures shall not exceed seven days.
Amendment 232 #
Proposal for a directive Article 11 – paragraph 4 4. Property in the possession of a third party can be subject to freezing measures pursuant to paragraphs 1
Amendment 233 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall ensure that the freezing orders and measures pursuant to paragraphs 1, 2
Amendment 234 #
Proposal for a directive Article 11 – paragraph 5 a (new) 5a. Member States shall take the necessary measures to ensure that the freezing orders pursuant to paragraphs 1, 2, 3 and 4 are issued also against legal persons, when they can be held liable for the criminal offences referred to in Article 2, or where they are third parties in possession of the property.
Amendment 235 #
Proposal for a directive Article 11 – paragraph 6 6. The freezing order pursuant to paragraph 1 shall remain in force only for as long as it is necessary to preserve the property with a view to possible subsequent confiscation. Frozen property which is not subsequently confiscated, shall be returned without delay to the owner of the property
Amendment 236 #
Proposal for a directive Article 11 – paragraph 7 a (new) 7a. These measures shall not have the effect of restraining or undermining the obligation on the member states to protect fundamental rights under Article 6 TEU or any kind of humanitarian assistance.
Amendment 237 #
Proposal for a directive Article 11 – paragraph 7 a (new) 7a. The provisions under this article shall not preclude possibility to freezing on other legal grounds.
Amendment 238 #
Proposal for a directive Article 12 – paragraph 2 2. Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence following a final conviction, which may also result from proceedings in absentia. Such confiscation may either be subsidiary or alternative to confiscation pursuant to paragraph 1.
Amendment 239 #
Proposal for a directive Article 12 – paragraph 2 a (new) 2a. Member States shall take the necessary measures to enable confiscation pursuant to paragraphs 1 and 2 also against legal persons, where they can be held responsible for the criminal offences referred to in Article 2.
Amendment 240 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 Member States shall take the necessary measures to enable the confiscation of
Amendment 241 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 1 Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, including legal persons, or which were acquired by third parties from a suspected or accused person.
Amendment 242 #
Proposal for a directive Article 13 – paragraph 1 – subparagraph 2 Amendment 243 #
Proposal for a directive Article 13 – paragraph 2 2. Paragraph 1 shall not affect the rights of bona fide third parties. In case of transferred tangible proceeds or tangible property directly derived from criminal conduct, the affected party shall bear the burden of proof that the purchasing of the confiscated property has taken place in bona fide and with due diligence.
Amendment 244 #
Proposal for a directive Article 13 – paragraph 2 2. Paragraph 1 shall not affect the rights of bona fide third parties who bear, however, the burden of proving that the transfer or acquisition took place in bona fide and with due diligence.
Amendment 245 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 (new) In all other cases, the court has to establish based on all the proven circumstances of the case that the benefiting third parties knew or ought to have known that the transferred instrumentalities, proceeds or property are directly or indirectly linked to criminal conduct or that the purpose of the transfer or acquisition was to avoid confiscation. Such facts and circumstances from which can be inferred that the purpose of the transfer or acquisition was to avoid confiscation include that the transfer or acquisition was carried out free of charge or in exchange for an amount significantly disproportionate to the market value.
Amendment 246 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2a. Member States shall ensure that the affected person’s rights are respected including by granting access to a lawyer, and awarding access to the file and the right to be heard on issues of law and fact.
Amendment 247 #
Proposal for a directive Article 14 – paragraph 2 2. In determining whether the property in question is derived from criminal conduct, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is significantly disproportionate to the lawful income of the convicted person.
Amendment 248 #
Proposal for a directive Article 15 – paragraph 1 – introductory part 1. Member States shall take the necessary measures to enable, under the conditions set out in paragraph 2, the confiscation of instrumentalities and proceeds, or property as referred to in Article 12, or which was transferred to third parties as referred to in Article 13, at least in cases where criminal proceedings have been initiated but the proceedings could not be continued because of the following circumstances:
Amendment 249 #
Proposal for a directive Article 15 – paragraph 1 – point a (a) illness of the suspected or accused person if this results in the expiry of the time limits laid down in national law for criminal liability;
Amendment 250 #
Proposal for a directive Article 15 – paragraph 1 – point c Amendment 251 #
Proposal for a directive Article 15 – paragraph 1 – point c Amendment 252 #
(d) immunity from prosecution of the suspected or accused person, as provided for under national law, with the exception of immunity granted to safeguard the independence of the judiciary;
Amendment 253 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) personal or functional immunity from prosecution of the suspected or accused person, as provided for under international law;
Amendment 254 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) immunity from prosecution of the suspected or accused person, as provided for under national and international law;
Amendment 255 #
Proposal for a directive Article 15 – paragraph 1 – point d (d) immunity from prosecution of the suspected or accused person, as provided for under national or international law;
Amendment 256 #
Proposal for a directive Article 15 – paragraph 1 – point f Amendment 257 #
Proposal for a directive Article 15 – paragraph 1 – point f Amendment 258 #
Proposal for a directive Article 15 – paragraph 1 – point f Amendment 259 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Member States may take the necessary measures to enable, under the conditions set out in paragraph 2, the confiscation of instrumentalities and proceeds, or property as referred to in Article 12, or which was transferred to third parties as referred to in Article 13, in cases where criminal proceedings have been initiated but the proceedings could not be continued because of the following circumstances: (a) death of the suspected or accused person; (b) the time limits prescribed by national law have expired, where such limits are not sufficiently long, and not exceeding 15 years to allow for the effective investigation and prosecution of the relevant criminal offences, while keeping to a reasonable and proportional limitation period.
Amendment 260 #
Proposal for a directive Article 15 – paragraph 2 2. Confiscation without a prior conviction shall be limited to criminal offences liable to give rise, directly or indirectly, to substantial economic benefit and only insofar as the national court
Amendment 261 #
Proposal for a directive Article 15 – paragraph 3 3. Before a confiscation order within the meaning of paragraphs 1 and 2 is
Amendment 262 #
Proposal for a directive Article 15 – paragraph 4 4. For the purposes of this Article, the notion of ‘criminal offence’ shall include offences listed in Article 2 when punishable by deprivation of liberty of a maximum of at least four years, or committed within the framework of or in connection with a criminal organisation, or constituting a violation of EU restrictive measures.
Amendment 263 #
Proposal for a directive Article 15 – paragraph 4 a (new) 4a. Member States shall take the necessary measures to enable confiscation pursuant to this Article also against legal persons, where they can be held responsible for the criminal offences referred to in paragraph 4.
Amendment 264 #
Proposal for a directive Article 16 – paragraph 1 – point a (a) the property is frozen in the context of an investigation into criminal offences committed in the framework of or in connection with a criminal organisation or EU or non-EU public structures promoted or financed, at least partially, by public authorities and involved in fraudulent or corrupt activities;
Amendment 265 #
Proposal for a directive Article 16 – paragraph 1 – point b (b) the criminal offence pursuant to point (a) is liable to give rise, directly or indirectly, to substantial economic benefit, or was committed by a politically exposed person in the exercise of their public function, or has been facilitated by the person’s public function;
Amendment 266 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) the national court is
Amendment 267 #
Proposal for a directive Article 16 – paragraph 2 2. When determining whether the frozen property is derived from criminal offences, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is substantially disproportionate to the lawful income of the owner of the property. The burden of proof shall lie with the prosecution.
Amendment 268 #
Proposal for a directive Article 16 – paragraph 2 2. When determining whether the frozen property is derived from criminal
Amendment 269 #
Proposal for a directive Article 16 – paragraph 3 a (new) 3a. Member States shall take the necessary measures to enable confiscation pursuant to this Article also against legal persons, where they can be held responsible for the criminal offences referred to in paragraph 3.
Amendment 270 #
Proposal for a directive Article 16 – paragraph 4 4. Before a confiscation order within the meaning of paragraphs 1 and 2 is issued by the court, Member States shall ensure that the affected person’s rights of defence are respected including by granting access to a lawyer, and awarding access to the file and the right to be heard on issues of law and fact.
Amendment 271 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall take the necessary measures to enable the tracing and identification of property to be frozen and confiscated even after a final conviction for a criminal offence, or following proceedings in application of Articles 15 and 16. Member States shall ensure that such investigations are also possible with the aim of victim compensation.
Amendment 272 #
Proposal for a directive Article 17 – paragraph 1 a (new) 1a. For the purpose of paragraph 1, Member States shall ensure that competent authorities can use the same investigative powers as those available for tracing and freezing of assets pursuant to Chapter III of this Directive.
Amendment 273 #
Proposal for a directive Article 17 – paragraph 2 2.
Amendment 274 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposes, without prejudice to Article 18 of this Directive. Such property may be kept as state property for justice, law enforcement, public service or economic purposes or be transferred to the local or regional authorities where the property is located, for institutional, social or economic purposes including for assignment to organisations carrying out work of social interest.
Amendment 275 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall
Amendment 276 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall
Amendment 277 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. Member States shall ensure that assets that are confiscated when acting upon the request of another Member State shall be executed in accordance with an asset-sharing agreement.
Amendment 278 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. Where the confiscated assets originated in a third country, Member States shall return them to the third country based on a publicly available return agreement.
Amendment 279 #
Proposal for a directive Article 18 – title Amendment 280 #
Proposal for a directive Article 18 – title Victims compensation and restitution of property to victims
Amendment 281 #
Proposal for a directive Article 18 – paragraph 1 Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that
Amendment 282 #
Proposal for a directive Article 18 – paragraph 1 Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall, as a matter of priority, take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims
Amendment 283 #
Proposal for a directive Article 18 – paragraph 1 Where, as a result of a criminal offence, victims or the public concerned have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not affect
Amendment 284 #
Proposal for a directive Article 18 – paragraph 1 – subparagraph 1 (new) Public concerned can also include the natural or legal persons, or groups of persons including local communities and non-governmental organisations of third countries directly or indirectly affected by the criminal conduct of the suspected, accused or convicted property owners or the states of their nationality.
Amendment 285 #
Proposal for a directive Article 18 – paragraph 1 a (new) Where money was obtained as a result of the execution of a confiscation order, Member States shall take the necessary measures to ensure that the corresponding sum is transferred to the victim for the purposes of compensation, in so far as it does not exceed the amount of compensation awarded.
Amendment 286 #
Proposal for a directive Article 18 – paragraph 1 b (new) Where, as a result of a criminal offence, a victim is entitled to restitution of property subject to confiscation, Member States shall, as a matter of priority, take the necessary measures to restitute the property concerned to the victim. Where such restitution of the property is not possible, but money has been obtained as a result of the execution of a confiscation order in relation to that property, the corresponding sum shall be transferred to the victim for the purposes of restitution.
Amendment 287 #
Proposal for a directive Article 19 – paragraph 1 1. Member States shall ensure the efficient management of frozen and confiscated property until its disposal, including through the measures mentioned in Article 17, paragraph 2. Member States shall take the necessary measures to ensure full transparency in the procedures and criteria to apply in the assignment of the frozen and confiscated property to be managed. Member States shall promote the involvement of civil society organisations in managing and disposing of frozen and confiscated property for public interest or social purposes.
Amendment 288 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that, before issuing a freezing order within the meaning of Article 11 paragraph 1, competent authorities responsible for the management of frozen and confiscated property carry out an assessment of the costs which may be incurred in the management of the property which may be frozen, for the purposes of preserving and optimizing the value of such property until its disposal, unless the urgency of a case would require foregoing such measure. Any decision by the competent authorities to forego such assessment of the costs shall be duly justified.
Amendment 289 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that, before issuing a freezing order within the meaning of Article 11 paragraph 1, competent authorities responsible for the management of frozen and confiscated property carry out, wherever possible and relevant, an assessment of the costs which may be incurred in the management of the property which may be frozen, for the purposes of preserving and optimizing the value of such property until its disposal.
Amendment 290 #
Proposal for a directive Article 19 – paragraph 2 a (new) 2a. Member States may require the costs for the management of frozen property to be charged to the beneficial owner.
Amendment 291 #
Proposal for a directive Article 20 – paragraph 1 – introductory part 1. Member States shall ensure that property frozen pursuant to Article 11 paragraph 1 cannot be transferred or sold before the issuing of a confiscation order, except in one or more of the following circumstances:
Amendment 292 #
Proposal for a directive Article 20 – paragraph 1 – point c (c) the
Amendment 293 #
Proposal for a directive Article 20 – paragraph 2 Amendment 294 #
Proposal for a directive Article 20 – paragraph 3 3. Earnings from interlocutory sales sh
Amendment 295 #
Proposal for a directive Article 20 – paragraph 4 Amendment 296 #
Proposal for a directive Article 20 – paragraph 4 4. When provided under national law, Member States may require the costs for the management of frozen property to be charged, at least partially, to the beneficial owner. Member States shall ensure sufficient budgetary resources to properly manage and maintain value frozen property in cases where there is no possibility to charge the costs for the management of such property to the beneficial owner, or proceed with an interlocutory sale.
Amendment 297 #
Proposal for a directive Article 21 – paragraph 2 – point c (c) to cooperate with other competent authorities responsible for the tracing and identification, freezing and confiscation of property, pursuant to this Directive, including EU agencies and bodies referred to in Article 28, in accordance with the areas of their competence;
Amendment 298 #
Proposal for a directive Article 21 – paragraph 2 – point c (c) to cooperate with other competent authorities responsible for the tracing and identification, freezing and confiscation of property, including EPPO and national law enforcement authorities in other Member States, pursuant to this Directive;
Amendment 299 #
Proposal for a directive Article 21 – paragraph 2 – point d (d) to cooperate with other competent authorities responsible for the management of frozen and confiscated property in cross- border cases
Amendment 300 #
Proposal for a directive Article 21 – paragraph 2 – point d a (new) (da) to cooperate with civil society organisations involved in managing and disposing of frozen and confiscated property for public interest or social purposes.
Amendment 301 #
Proposal for a directive Article 21 – paragraph 2 – point d a (new) (da) to ensure the protection of data collected in connection with the management of frozen and confiscated property.
Amendment 302 #
Proposal for a directive Article 22 – paragraph 1 Member States shall ensure that the freezing orders pursuant to Article 11, confiscation orders pursuant to Articles 12 to 16, and orders to sell the property pursuant to Article 20 are communicated to the affected person setting out the reasons for the measure. To protect ongoing criminal investigations, Member States may put in place rules allowing for the temporary postponement of informing the affected persons. Member States shall inform the affected persons as soon as it is no longer necessary to postpone.
Amendment 303 #
Proposal for a directive Article 22 – paragraph 1 Member States shall ensure that the freezing orders pursuant to Article 11, confiscation orders pursuant to Articles 12 to 16, and orders to sell the property pursuant to Article 20 are communicated to the affected person setting out the reasons for the measure. The affected persons shall also be informed of their rights and of the legal remedies available pursuant to Article 23.
Amendment 304 #
Proposal for a directive Article 23 – paragraph 4 – subparagraph 1 Member States shall provide for the effective possibility for the person whose property is affected to challenge the confiscation order and the relevant circumstances of the case before a court, in accordance with procedures provided for in national law. Member States shall ensure that affected persons may always join the judicial procedure if they have a claim on the confiscated property.
Amendment 305 #
In the case of confiscation orders pursuant to Article 13, such circumstance shall include facts and circumstances on which the finding was based that the third party knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation. Such facts and circumstances may be that the transfer or acquisition was carried out free of charge or in exchange for an amount significantly lower than the market value.
Amendment 306 #
Proposal for a directive Article 23 – paragraph 4 – subparagraph 2 In the case of confiscation orders pursuant to Article 13, such circumstance shall include facts and circumstances on which the finding was based that the third party knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation or that the transferred instrumentalities, proceeds or property were directly or indirectly linked to, or derived from, a criminal conduct.
Amendment 307 #
Proposal for a directive Article 23 – paragraph 4 – subparagraph 4 In the case of confiscation orders pursuant to Article 15, such circumstances shall include facts and evidence on the basis of which the national court concluded that all the elements of the offence are present, and that the property concerned is considered to be property that is derived from criminal conduct.
Amendment 308 #
Proposal for a directive Article 23 – paragraph 6 6. Member States shall provide for the
Amendment 309 #
Proposal for a directive Article 24 – paragraph 1 1. Member States shall adopt by [one year after the entry into force of this Directive] a national strategy on asset recovery and update it at regular intervals of no longer than f
Amendment 310 #
Proposal for a directive Article 24 – paragraph 1 1. Member States shall adopt by [one year after the entry into force of this Directive] a national strategy on asset recovery and update it at regular intervals of no longer than f
Amendment 311 #
Proposal for a directive Article 24 – paragraph 2 – point a (a) strategic objectives, priorities and measures for the purposes of enhancing efforts by all competent national authorities involved in the recovery and management of property as set out in this Directive;
Amendment 312 #
Proposal for a directive Article 24 – paragraph 2 – point b (b) a governance framework to achieve the strategic objectives and priorities, including an effective cooperation framework between asset recovery offices and asset management offices, and a further description of the roles and responsibilities of all the competent authorities and cooperation mechanisms;
Amendment 313 #
Proposal for a directive Article 24 – paragraph 2 – point b a (new) (ba) measures taken to ensure the social re-use of confiscated property;
Amendment 314 #
Proposal for a directive Article 24 – paragraph 2 – point b b (new) (bb) measures taken to ensure that the confiscated property is used to compensate the victims and the public concerned;
Amendment 315 #
Proposal for a directive Article 24 – paragraph 2 – point c a (new) (ca) appropriate mechanisms to ensure complementarity with the national strategies adopted by other Member States, and mechanisms and procedures for coordination and cooperation with relevant EU agencies and bodies;
Amendment 316 #
Proposal for a directive Article 24 – paragraph 2 – point c b (new) (cb) the use of administrative and civil law procedures to freeze and confiscate assets;
Amendment 317 #
Proposal for a directive Article 24 – paragraph 2 – point d a (new) (da) the use of confiscated assets for public interest or social use;
Amendment 318 #
Proposal for a directive Article 24 – paragraph 2 – point e (e) procedures for regular monitoring and evaluation of the results achieved, and of the degree of implementation and enforcement of the provisions of this Directive.
Amendment 319 #
Proposal for a directive Article 24 – paragraph 3 3. Member States shall cooperate with the Commission to monitor, on a regular basis, the implementation of this Directive and to exchange experiences and best practices on how to ensure victims’ compensation and the use of confiscated properties for public or social purposes. Member States shall communicate their strategies, and any updates of their strategies, to the Commission within three months from their adoption.
Amendment 321 #
Proposal for a directive Article 25 – paragraph 1 Member States shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this Directive, have appropriately qualified staff and appropriate financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In addition to Article 24(2)(c), Member States shall update the Commission annually on the resources allotted to asset recovery offices and asset management offices.
Amendment 322 #
Proposal for a directive Article 25 – paragraph 1 Member States shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this Directive, have appropriately qualified staff and appropriate financial, technical and technological resources necessary for
Amendment 323 #
Proposal for a directive Article 25 – paragraph 1 Member States shall ensure that asset recovery offices and
Amendment 324 #
Proposal for a directive Article 25 – paragraph 1 – subparagraph 1 (new) Without prejudice to judicial independence and specifities in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police, judicial staff and competent authorities involved in asset identification, asset tracing, asset recovery and confiscation procedures to provide at regular intervals specialised training and exchanges of best practices at EU level to ensure the effective achievement of the objectives of this Directive. The specialised training shall cover the practical use of tools available for identification, tracing and recovery of assets, cooperation between the different authorities, the protection of the rights of the victims and the public concerned, as well as ethics, integrity, anti-corruption standards.
Amendment 325 #
Proposal for a directive Article 26 – paragraph 2 2. Member States shall take the necessary measures to ensure that asset recovery offices, asset management offices, and other competent authorities performing tasks pursuant to Article 4, 19 and 20 , have the power to enter, access and search, directly and immediately, the information referred to in paragraph 3. Member States shall ensure that information stored in the registry can only be accessed and used for the purposes of freezing, confiscation and management of instrumentalities and proceeds, or property which may become or is the object of a confiscation order.
Amendment 326 #
Proposal for a directive Article 26 – paragraph 2 2. Member States shall take the necessary measures to ensure that asset recovery offices, asset management offices, and other competent authorities performing tasks pursuant to Article 4, 19 and 20
Amendment 327 #
Proposal for a directive Article 26 – paragraph 3 a (new) 3a. The information referred to in paragraph 3 shall only be accessed for the purposes of freezing, confiscation and management of instrumentalities and proceeds, or property which may become or is the object of a confiscation order.
Amendment 328 #
Proposal for a directive Article 26 – paragraph 4 a (new) 4a. Member States shall designate the entity responsible for the management of the registries and that will act as a data controller in accordance with Art 3(8) of Directive (EU) 2016/680.
Amendment 329 #
Proposal for a directive Article 26 – paragraph 5 5. Member States shall ensure that appropriate technical and organisational measures are in place to ensure the security of the data contained in the centralised registries of frozen and confiscated property. As regards data protection, Member States shall designate a competent authority for the management of the centralised registries, thereby functioning as data controller in accordance with Article 3(8) of Directive 2016/680 (LED).
Amendment 330 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. Member States shall designate the competent authority or authorities that will be responsible for the management of the centralised registries put in place pursuant to paragraph 1 and thus will take the role of data controller in accordance with Article 3(8) of Directive (EU) 2016/680 of the European Parliament and of the Council 1a. _________________ 1a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, (OJ L 119, 4.5.2016, p. 89)
Amendment 331 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. Member States shall designate the competent authority(ies) which will be responsible for the management of the registry and will take the role of data controller in accordance with Article 3(8) of Directive (EU) 2016/680. Member State shall communicate this designation to the Commission.
Amendment 332 #
Proposal for a directive Article 26 – paragraph 5 a (new) 5a. Member States shall designate the authority responsible for the management of the centralised registries referred to in paragraph 1.
Amendment 333 #
Proposal for a directive Article 26 – paragraph 5 b (new) 5b. Member States shall ensure that the centralised registries referred to in paragraph 1 are compatible with the tools used for the digital communication in judicial cooperation procedures in civil, commercial and criminal matters, such as the decentralised IT system and European electronic access point regulated under Regulation XX/XXX and Directive XX/XXX [Digitalisation of judicial cooperation package].
Amendment 334 #
Proposal for a directive Article 26 a (new) Article 26a Assets confiscated relating to the violation of Union restrictive measures Member States shall transfer the monetary value of confiscated assets listed in the centralised registries referred to in Article 26 to the Rebuild Ukraine Facility where those assets have been confiscated as a result of a criminal investigation relating to the violation of Union restrictive measures, pursuant to Article 2(3) of this Directive and in accordance with Article 21(5) of the Financial Regulation.
Amendment 335 #
Proposal for a directive Article 27 – paragraph 1 1. Member States shall collect and maintain comprehensive statistics at central level on the measures taken under this Directive, in line with the methodology developed by the Commission pursuant to paragraph 3.
Amendment 336 #
Proposal for a directive Article 27 – paragraph 1 a (new) 1a. The statistics collected shall include: (a) the number of freezing orders executed; (b) the number of confiscation orders executed; (c) the estimated value of property frozen, at least of property frozen with a view to possible subsequent confiscation at the time of freezing; (d) the estimated value of property recovered at the time of confiscation; (e) the number of requests for freezing orders to be executed in another Member State; (f) the number of requests for confiscation orders to be executed in another Member State; (g) the value or estimated value of the property recovered following execution in another Member State (h) the value of the property destined to be used for victim compensation or reused for social purposes (i) the type of use to which the confiscated property has been put.
Amendment 337 #
Proposal for a directive Article 27 – paragraph 2 2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September] of the following year. The Commission shall make these statistics publicly available on an annual basis.
Amendment 338 #
Proposal for a directive Article 27 – paragraph 2 2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September] of the following year. The Commission shall make these statistics publicly available.
Amendment 339 #
Proposal for a directive Article 27 – paragraph 2 – subparagraph 1 (new) The statistical data referred to in paragraph 1 shall include at least the following:
Amendment 340 #
Proposal for a directive Article 27 – paragraph 2 – point a (new) (a) the number of asset tracing investigations launched, and the number of asset traced;
Amendment 341 #
Proposal for a directive Article 27 – paragraph 2 – point b (new) (b) the number of freezing orders adopted;
Amendment 342 #
Proposal for a directive Article 27 – paragraph 2 – point c (new) (c) the types and number of confiscation procedures initiated;
Amendment 343 #
Proposal for a directive Article 27 – paragraph 2 – point d (new) (d) the types and number of confiscation order adopted;
Amendment 344 #
Proposal for a directive Article 27 – paragraph 2 – point e (new) (e) the types and number of assets confiscated pursuant to the different types of confiscation orders adopted;
Amendment 345 #
Proposal for a directive Article 27 – paragraph 2 – point f (new) (f) the average length of the confiscation procedures;
Amendment 346 #
Proposal for a directive Article 27 – paragraph 2 – point g (new) (g) the number of dismissed court cases for environmental crime;
Amendment 347 #
Proposal for a directive Article 27 – paragraph 2 – point h (new) (h) the cases where frozen and confiscated property is used for public interest or social purposes.
Amendment 348 #
Proposal for a directive Article 27 – paragraph 2 a (new) 2a. Member States shall transmit the statistics referred to in paragraph 2 using a standard form established by the Commission. The Commission shall establish the standard form within 1 year after the entry into force of this Directive. The Commission shall regularly publish a report based on the statistical data transmitted by the Member States. The report shall be published for the first time two years after the entry into force of this Directive.
Amendment 349 #
Proposal for a directive Article 27 a (new) Amendment 350 #
Proposal for a directive Article 27 b (new) Article 27b EU Coordinator for compliance with restrictive measures 1. With the view of promoting the effectiveness of the Union’s restrictive measures, the Commission shall appoint an EU Coordinator for compliance with restrictive measures of the Union. 2. The EU Coordinator for compliance with restrictive measures of the Union shall: (a) analyse, coordinate, and promote new restrictive measures in the Union; (b) pool information and resources to counter evasion of EU sanctions; (c) identify sectors and trade flows with a high circumvention risk; (d) provide information and assistance to the EU Asset Management Office on frozen assets related to EU restrictive measures; 3. Upon the publication of new restrictive measures, the EU Coordinator for compliance with Union restrictive measures shall make available a list of relevant targeted entities in a manner that is compatible with Member States’ tracing systems. 4. The Commission shall provide the EU Coordinator for compliance with restrictive measures of the Union with sufficient resources and staff to support its tasks.
Amendment 351 #
Proposal for a directive Article 27 c (new) Article 27c Asset management of confiscated assets relating to the violation of Union restrictive measures The European Commission, in cooperation with the EU Coordinator for compliance with restrictive measures shall set up a special EU Asset Management Office to actively manage the frozen assets within the framework of the Common Foreign and Security Policy and the directive on the violation of Union restrictive measures. Any net return from these activities shall be transferred to the Rebuild Ukraine Facility.
Amendment 352 #
Proposal for a directive Article 28 – paragraph 1 1. Asset recovery offices of Member States shall closely cooperate with the European Public Prosecutor’s Office for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order in proceedings in criminal matters concerning criminal offences for which the European Public Prosecutor’s Office exercises its competence. For the purposes of this Directive, asset recovery offices of Member States shall treat the European Public Prosecutor’s Office (EPPO) in the same manner as an asset recovery office of any other Member State, in so far as it falls within the remit of the EPPO’s competences.
Amendment 353 #
Proposal for a directive Article 28 – paragraph 1 a (new) 1a. For the purposes of this Directive, when the notion of competent authorities refers to investigating and prosecuting authorities, it shall be interpreted as including the central and decentralised levels of the European Public Prosecutor's Office (EPPO) with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO. Asset recovery offices shall therefore fulfil the obligations under the EPPO Regulation, including the obligation to report to the EPPO under Article 24 of Council Regulation (EU) 2017/1939, the undertaking of measures if instructed as a competent authority under Article 28(1) of Council Regulation (EU) 2017/1939, and access to information under Article 43(1) of Council Regulation (EU) 2017/1939.
Amendment 354 #
Proposal for a directive Article 28 – paragraph 2 2. Asset recovery offices shall cooperate with Europol and Eurojust, in accordance with the areas of their competence, for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of criminal proceedings, and where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures. For matters relating to countering money laundering and the financing of terrorism, asset recovery offices shall cooperate with the Anti-money laundering Authority (AMLA).
Amendment 355 #
Proposal for a directive Article 28 – paragraph 2 2. Asset recovery offices shall cooperate with Europol and Eurojust, in accordance with the areas of their competence and within the limits of their respective legal frameworks, for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of criminal proceedings, and where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.
Amendment 356 #
Proposal for a directive Article 28 – paragraph 2 – point a (new) (a) ensuring common priorities and understanding of the relationship between criminal and administrative enforcement;
Amendment 357 #
Proposal for a directive Article 28 – paragraph 2 – point b (new) (b) exchange of information for strategic and operational purposes;
Amendment 358 #
Proposal for a directive Article 28 – paragraph 2 – point c (new) (c) consultation in individual investigations;
Amendment 359 #
Proposal for a directive Article 28 – paragraph 2 – point d (new) (d) assistance to European agencies and bodies, and European networks of practitioners.
Amendment 360 #
Proposal for a directive Article 28 – paragraph 2 a (new) 2a. The exchange and further processing of personal data for the purposes of cooperation with EU bodies and agencies shall be in compliance with the provisions of Chapter IX of Regulation (EU) 2018/1725 (EUDPR).
Amendment 361 #
Proposal for a directive Article 28 – paragraph 2 a (new) Amendment 362 #
Proposal for a directive Article 28 – paragraph 2 b (new) 2b. The European Commission shall facilitate cooperation between competent authorities and EU agencies and bodies, including by providing financial support and by promoting a more institutionalised structure for existing networks of practitioners.
Amendment 363 #
Proposal for a directive Article 29 – paragraph 2 a (new) 2a. This cooperation with third countries shall not have the effect of restraining or undermining the obligation on member states to protect fundamental rights under Article 6 TEU or any kind of humanitarian assistance.
Amendment 364 #
1. The Commission shall, by [date of entry into force +
Amendment 365 #
Proposal for a directive Article 33 – paragraph 2 2. The Commission shall, by [date of entry into force +
Amendment 366 #
Proposal for a directive Article 33 – paragraph 2 2. The Commission shall, by [date of entry into force +
Amendment 76 #
Proposal for a directive Recital 1 (1) Europol’s 2021 Serious and Organised Crime Threat Assessment (SOCTA) highlighted the rising threat from organised crime and criminal infiltration. Driven by the large revenues generated by organised crime, which amount to at least EUR 139 billion every year, and which are increasingly laundered through a parallel underground financial system, the availability of such proceeds from criminal activities poses a significant threat to the integrity of the economy and society, eroding the rule of law and fundamental rights. The EU Strategy to tackle Organised Crime 2021-2025 aims at addressing these challenges by promoting cross-border cooperation and the exchange of information between Member States, supporting effective investigations against criminal networks, eliminating proceeds from criminal activities, and making law enforcement and the judiciary fit for the digital age.
Amendment 77 #
Proposal for a directive Recital 2 (2) The main motive for cross-border organised crime,
Amendment 78 #
Proposal for a directive Recital 2 (2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. In fact, organised crime has become an economic worldwide operator, with an entrepreneurial vocation and specialised in supply of goods and services, not only illegal but also legal. Therefore, to tackle the serious threat posed by organised crime, competent authorities should be given the means to effectively trace and identify, freeze, confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities.
Amendment 79 #
Proposal for a directive Recital 2 (2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. Therefore, to tackle the serious threat posed by organised crime, competent authorities should be given
Amendment 80 #
Proposal for a directive Recital 2 a (new) (2a) Criminal groups usually reinvest part of their benefits from illegal activities and create financial base enabling them to continue. Depriving criminals of these illicit profits is essential to disrupt their activities and prevent them from infiltrating the legitimate economies.
Amendment 81 #
Proposal for a directive Recital 3 (3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of criminal proceedings. An effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the State or for the restitution for victims or legal persons that have suffered harm caused by a criminal offence.
Amendment 82 #
Proposal for a directive Recital 3 (3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of
Amendment 83 #
Proposal for a directive Recital 3 (3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of criminal proceedings. An effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the State or, in particular, for the restitution for victims.
Amendment 84 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the
Amendment 85 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system. At the same time, closer cooperation between Member States and between asset recovery offices in each Member State is needed to enable the authorities to act more efficiently.
Amendment 86 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities
Amendment 87 #
Proposal for a directive Recital 8 (8) The rules should facilitate cross- border cooperation by providing the competent authorities with the necessary powers and resources to respond in a swift and effective way to requests from authorities in other Member States. Provisions laying down rules on early tracing and identification, urgent action to freeze, or efficient management contribute to improving the possibilities for asset recovery across borders. Given the global nature of in particular organised crime, and the fleeting nature of criminal assets that can easily be moved, cooperation with third countries should also be strengthened.
Amendment 88 #
Proposal for a directive Recital 8 (8) The rules should facilitate cross- border cooperation by providing the competent authorities with the necessary powers and resources to respond in a swift and effective way to requests from authorities in other Member States. Provisions laying down rules on early tracing and identification, urgent action to freeze, or efficient management contribute to improving the possibilities for asset recovery across borders. Given the global nature of in particular organised crime, cooperation with third countries should also be strengthened, as long as adequate fundamental rights safeguards are put in place.
Amendment 89 #
Proposal for a directive Recital 8 a (new) (8a) There is a clear need for closer and more effective cooperation between all Asset Recovery authorities, including through the cooperation of Asset Recovery Offices and Asset Management Offices with their counterparts in other Member States.
Amendment 90 #
Proposal for a directive Recital 9 (9)
Amendment 91 #
Proposal for a directive Recital 9 (9) Due to the poly-criminal nature of and the systemic and profit-oriented cooperation of criminal organisations involved in a wide range of illicit activities in different markets, an effective fight against organised crime requires that freezing and confiscation measures are available to cover the profits from all offences where organised crime groups are active in. These crimes include the areas of crime listed in Article 83(1), including the illicit trafficking in weapons, munitions
Amendment 92 #
Proposal for a directive Recital 10 (10) Other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes, including serious crimes with a cross-border nature. Such crimes should be included in the scope of the Directive to the extent to which they are committed within the framework of a criminal organisation. The counterfeiting and piracy of products is linked to money laundering and the forgery of documents,
Amendment 93 #
Proposal for a directive Recital 10 (10) Other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes, including serious crimes with a cross-border nature. Such crimes should be included in the scope of the Directive to the extent to which they are committed within the framework of a criminal organisation. The counterfeiting and piracy of products is linked to money laundering and the forgery of documents, and threatens the functioning of the single market and fair competition. The illicit trafficking in cultural goods, including antiques and works of art, is often intertwined with money laundering and constitutes an important source of financing for organised criminal groups. The same applies to the illegal trade and trafficking of endangered animal and plant species, including their body parts or products derived from them. Forgery of administrative documents and trafficking therein, including bank
Amendment 94 #
Proposal for a directive Recital 10 (10)
Amendment 95 #
Proposal for a directive Recital 10 (10) Other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes, including serious crimes with a cross-border nature. Such crimes should be included in the scope of the Directive to the extent to which they are committed within the framework of a criminal organisation. The counterfeiting
Amendment 96 #
Proposal for a directive Recital 11 a (new) (11a) This Directive should also apply to crimes within the jurisdiction of the International Criminal Court. The Rome Statute of the International Criminal Court of 17 July 1998 has been ratified by all Member States of the European Union. It affirms that the most serious crimes of concern to the international community as a whole, in particular genocide, crimes against humanity and war crimes, including the crime of aggression, must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation. In Council Common Position 2001/443/CFSP of 11 June 2001 on the International Criminal Court, Member States declared their determination to cooperate for the prevention of the crimes within the jurisdiction of the International Criminal Court, and for putting an end to the impunity of the perpetrators thereof. On 13 June 2002, the Council adopted Decision 2002/ 494/JHA setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes. The EU Council Decision 2003/335/JHA applies to the investigation and prosecution of genocide, crimes against humanity and war crimes. Article 3(1) of Regulation (EU) 2018/1727 provides that Eurojust is competent with respect to the forms of serious crime listed in Annex I to that Regulation, which include genocide, crimes against humanity and war crimes. Pursuant to Article 3(4) of Regulation (EU) 2018/1727, Eurojust’s competence also covers criminal offences related to the criminal offences listed in Annex I to that Regulation. Furthermore, the scope of Regulation (EU) 2018/1805, relating to mutual recognition of freezing orders and confiscation orders, also includes the crimes within the jurisdiction of the International Criminal Court, which covers war crimes. The inclusion of war crimes within the scope of this Directive is therefore essential to ensure the effective implementation of EU policies in this area, and to ensure effectiveness of Member States cooperation with EU agencies and third countries.
Amendment 97 #
Proposal for a directive Recital 12 (12) In order to capture property which might be transformed and transferred in order to conceal its origin, and in order to ensure harmonisation and clarity of definitions across the Union, property that can be subject to freezing and confiscation should be defined broadly. It should cover legal documents or instruments, in any form, including electronic or digital, evidencing title or interest in property subject to freezing and confiscation including, for
Amendment 98 #
Proposal for a directive Recital 13 (13) In order to capture property which might be transformed and transferred in order to conceal its origin, and in order to ensure harmonisation and clarity of definitions across the Union, a clear and broad definition of proceeds of crime should be provided for, to include the direct proceeds from criminal activity and all indirect benefits, including subsequent reinvestment or transformation of direct proceeds, in line with the definitions of Regulation (EU) 2018/1805 of the European Parliament and of the Council22. Thus proceeds should include any property including that which has been transformed or converted, fully or in part, into other property, and that which has been intermingled with property acquired from legitimate sources, up to the assessed value of the intermingled proceeds. It should also include the income or other benefits
Amendment 99 #
Proposal for a directive Recital 14 (14) In order to facilitate cross-border cooperation, the tracing and identification of property at an early stage of a criminal investigation is of essence to ensure the prompt identification of instrumentalities, proceeds, or property, which might be subsequently confiscated, including property related to criminal activities located in other jurisdictions. To ensure that financial investigations are sufficiently prioritised in all Member States, so to address a crime of cross-border nature, it is necessary to require competent authorities to launch asset tracing from the moment there is a reasonable suspicion of criminal activities that are likely to generate substantial economic benefits. All Member States should therefore have an effective set of procedures for the freezing, management and confiscation of criminal assets that is underpinned by the necessary institutional, financial and human resources.
source: 745.293
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