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Use of financial data for preventing and combatting serious crime

19-07-2019

On 17 April 2018, the European Commission adopted a proposal for a directive intended to facilitate law enforcement authorities' access to and use of financial information held in other jurisdictions within the EU for investigations related to terrorism and other serious crime. The proposed directive would grant competent authorities direct access to bank account information contained in centralised registries set up in each Member State, according to the Fifth Anti-Money-Laundering Directive. The ...

On 17 April 2018, the European Commission adopted a proposal for a directive intended to facilitate law enforcement authorities' access to and use of financial information held in other jurisdictions within the EU for investigations related to terrorism and other serious crime. The proposed directive would grant competent authorities direct access to bank account information contained in centralised registries set up in each Member State, according to the Fifth Anti-Money-Laundering Directive. The proposal also aims to strengthen domestic and cross-border exchange of information between EU Member States' competent authorities, including law enforcement authorities and financial intelligence units, as well as with Europol. The provisional agreement reached in February 2019 in interinstitutional negotiations was adopted by the European Parliament on 17 April 2019, followed by the Council on 14 June. On 20 June 2019, the directive was signed into law and then published in the Official Journal on 11 July. Member States have until 1 August 2021 to transpose its provisions into national law.

The supervisory approach to anti-money laundering: an analysis of the Joint Working Group’s reflection paper

14-11-2018

On August 31 2018, a Joint Working Group consisting of representatives of the European Central Bank, the European Commission and the European Supervisory Agencies published a document entitled ‘Reflection paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’. The reflection paper straightforwardly calls for additional resources to be made available to the European Banking Authority to counter money laundering ...

On August 31 2018, a Joint Working Group consisting of representatives of the European Central Bank, the European Commission and the European Supervisory Agencies published a document entitled ‘Reflection paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’. The reflection paper straightforwardly calls for additional resources to be made available to the European Banking Authority to counter money laundering. Suggestions for better cooperation and information sharing among anti-money laundering and prudential supervisors, however, risk being ineffective, as long as the underlying incentives to engage in international regulatory competition towards low enforcement of anti-money laundering standards are not addressed. To eliminate the potential for regulatory competition, anti-money laundering supervision needs to be raised to a European level.

Ārējais autors

H.Huizinga

Access to financial data by law enforcement authorities

25-06-2018

Groups committing serious crimes, including terrorists, often operate cross-border and their funds are usually located across the EU Member States or outside of the EU. The Commission proposal aims to improve the sharing financial information among national law enforcement authorities and financial intelligence units to prevent and fight crime and terrorism. The impact assessment accompanying the proposal examined comprehensively the problems encountered by law enforcement authorities and financial ...

Groups committing serious crimes, including terrorists, often operate cross-border and their funds are usually located across the EU Member States or outside of the EU. The Commission proposal aims to improve the sharing financial information among national law enforcement authorities and financial intelligence units to prevent and fight crime and terrorism. The impact assessment accompanying the proposal examined comprehensively the problems encountered by law enforcement authorities and financial intelligence units, and made a real attempt to analyse the impacts of the proposed measures. A more thorough analysis of the safeguards on fundamental rights would have been useful. The Commission admits that the calculations of costs and benefits were limited due to a lack of data. Finally, the overall preferred option remains unclear.

2016 report on protection of the European Union's financial interests – fight against fraud

25-04-2018

In 2016, 19 080 irregularities affecting the EU budget were reported to the Commission, which is a decrease of 15 % in comparison to 2015. Furthermore, the value of irregularities decreased by 8 % from €3.21 billion in 2015 to €2.97 billion in 2016. Of the total, 1 410 fraudulent irregularities were reported, involving €391 million.

In 2016, 19 080 irregularities affecting the EU budget were reported to the Commission, which is a decrease of 15 % in comparison to 2015. Furthermore, the value of irregularities decreased by 8 % from €3.21 billion in 2015 to €2.97 billion in 2016. Of the total, 1 410 fraudulent irregularities were reported, involving €391 million.

Revision of the Fourth Anti-Money-Laundering Directive

12-04-2018

Directive (EU) 2015/849, which forms part of the EU regulatory framework to combat financial crime, has shown gaps in the light of terrorist attacks and various tax leaks. In this context, the European Commission proposed to amend the directive, along with Directive 2009/101/EC, to broaden their scope, lower thresholds benefiting from exemptions and provide for the creation of automated centralised mechanisms (e.g. central electronic data retrieval systems). The European Parliament and Council each ...

Directive (EU) 2015/849, which forms part of the EU regulatory framework to combat financial crime, has shown gaps in the light of terrorist attacks and various tax leaks. In this context, the European Commission proposed to amend the directive, along with Directive 2009/101/EC, to broaden their scope, lower thresholds benefiting from exemptions and provide for the creation of automated centralised mechanisms (e.g. central electronic data retrieval systems). The European Parliament and Council each put forward substantial modifications to the Commission proposal, including not amending the aforementioned Directive 2009/101/EC. These include: the obligation for Member States to provide data to the Commission on trusts and legal arrangements; specific professional secrecy obligations for staff working, or having worked for, competent authorities supervising credit and financial institutions; cooperation between competent authorities; or the obligation for Member States to provide Financial Intelligence Units (FIUs) with access to information – including through registries or central electronic data retrieval systems – which allows the identification of any natural or legal person owning real estate. The agreement reached in trilogue negotiations now needs to be approved by the Parliament in plenary, and thereafter by the Council. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Revision of the Anti-money-laundering Directive

11-04-2018

The current EU regulatory framework for financial crime –composed of Directive (EU) 2015/849, and Regulation (EU) 2015/847– faces the challenge of keeping pace with technological innovation in financial services, which can create new opportunities to conceal financing, as well as the potential exploitation by criminals of loopholes in the system. Following approval in committee in January, the report is due to be voted in plenary in April.

The current EU regulatory framework for financial crime –composed of Directive (EU) 2015/849, and Regulation (EU) 2015/847– faces the challenge of keeping pace with technological innovation in financial services, which can create new opportunities to conceal financing, as well as the potential exploitation by criminals of loopholes in the system. Following approval in committee in January, the report is due to be voted in plenary in April.

Towards a European Public Prosecutor’s Office (EPPO)

17-11-2016

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the proposal for a Regulation establishing the EPPO. The evolution of the text is analysed through a comparison between the initial Commission proposal and the current version of the text (dated of 28 October 2016). The paper assesses whether the EPPO, as it is currently envisaged, would fit the objectives assigned to it, whether it ...

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the proposal for a Regulation establishing the EPPO. The evolution of the text is analysed through a comparison between the initial Commission proposal and the current version of the text (dated of 28 October 2016). The paper assesses whether the EPPO, as it is currently envisaged, would fit the objectives assigned to it, whether it will have some added value, and whether it will be able to function efficiently and in full respect of fundamental rights. It focuses on the main issues at stake and controversial points of discussion, namely the EPPO institutional design, some material issues, its procedural framework, and its relations with its partners.

Ārējais autors

Anne WEYEMBERGH (Université Libre de Bruxelles and Coordinator of the European Criminal Law Academic Network - ECLAN) and Chloé BRIERE (Université Libre de Bruxelles, Belgium)

The Cost of Non-Europe in the area of Organised Crime and Corruption: Annex I - Organised Crime

10-03-2016

This Research Paper examines the costs of non-Europe in the field of organised crime. It provides an interdisciplinary analysis of the main legal/ethical, socio-political and economic costs and benefits of the EU in policies on organised crime. It offers an in-depth examination of the transformative contribution that the EU has made, in terms of investigation, prosecution and efficiency, to trans-border operational activities and the protection of its citizens’ rights. Finally, it seeks to answer ...

This Research Paper examines the costs of non-Europe in the field of organised crime. It provides an interdisciplinary analysis of the main legal/ethical, socio-political and economic costs and benefits of the EU in policies on organised crime. It offers an in-depth examination of the transformative contribution that the EU has made, in terms of investigation, prosecution and efficiency, to trans-border operational activities and the protection of its citizens’ rights. Finally, it seeks to answer the questions of what are the costs and benefits of European cooperation and what forms of cooperation would bring more European added value.

Ārējais autors

This final report has been written by: Dr Sergio Carrera, Senior Research Fellow and the Head of the Justice and Home Affairs (JHA) Section at the Centre for European Policy Studies (CEPS), Associate Professor at the Faculty of Law at the of the University of Maastricht Prof. Elspeth Guild, Senior Associate Research Fellow at CEPS and Jean Monnet Professor ad personam at Queen Mary, University of London as well as at the Radboud University Nijmegen, Netherlands Lina Vosyliūtė, Researcher at the JHA Section at CEPS Dr Amandine Scherrer, Policy analyst and European Studies Coordinator at the centre d’étude sur les conflits (CCLS) Prof. Valsamis Mitsilegas, Head of the Department of Law, Professor of European Criminal Law and Director of the Criminal Justice Centre at Queen Mary, University of London

Undeclared work in the EU

28-01-2016

Undeclared work represents a large share of the shadow economy, which also includes illegal economic activities that circumvent government regulations. The European Commission defines undeclared work as any paid activities that are lawful as regards their nature but not declared to public authorities. Obtaining reliable estimates of the share of undeclared work in an economy is, by the non-registered nature of the phenomenon, very difficult. Informal employment, or employees without contracts, was ...

Undeclared work represents a large share of the shadow economy, which also includes illegal economic activities that circumvent government regulations. The European Commission defines undeclared work as any paid activities that are lawful as regards their nature but not declared to public authorities. Obtaining reliable estimates of the share of undeclared work in an economy is, by the non-registered nature of the phenomenon, very difficult. Informal employment, or employees without contracts, was found to account for one in six employed persons in Europe in the European Social Surveys of 2008-2009. The estimates of undeclared work across Member States as measured by the European Observatory Review are presented in the map below, along with the estimated evolution of the size of the shadow economy in the period between 2003 and 2013. The European Commission has proposed the creation of a European Platform to enhance cooperation in tackling undeclared work. See our ‘Legislation in Progress’ briefing for more information.

European Platform for tackling undeclared work

28-01-2016

Undeclared work affects both the individual and society. It deprives workers of their necessary social and health protection and imposes precarious working conditions on them. At the same time, it creates unfair competition for companies, and damages public finances and social security systems. For these reasons, the European Commission proposed on 9 April 2014 the creation of a European Platform against undeclared work to support and coordinate the Member States' efforts in preventing, deterring ...

Undeclared work affects both the individual and society. It deprives workers of their necessary social and health protection and imposes precarious working conditions on them. At the same time, it creates unfair competition for companies, and damages public finances and social security systems. For these reasons, the European Commission proposed on 9 April 2014 the creation of a European Platform against undeclared work to support and coordinate the Member States' efforts in preventing, deterring and fighting undeclared work. Following a round of trilogue meetings at which the European Commission, the European Parliament and the Council debated whether or not membership of the Platform should be mandatory for the Member States, the extent of its competences and who its members should be, an agreement was forged which will be presented at first reading during the Parliament's February 2016 plenary session.

Gaidāmie notikumi

05-11-2019
The Art and Craft of Political Speech-writing: A conversation with Eric Schnure
Cits pasākums -
EPRS
06-11-2019
Where next for Europe’s economy? The latest IMF European Regional Economic Outlook[.]
Cits pasākums -
EPRS
06-11-2019
EPRS Annual Lecture: Clash of Cultures: Transnational governance in post-war Europe
Cits pasākums -
EPRS

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