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REPORT (COM(2021)0429 – C9-0338/2021 – 2021/0244(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2019/1153 of the European Parliament and of the Council, as regards access of competent authorities to centralised bank account registries through the single access point

A-9-2023-0004

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Emil Radev

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Parliament's amended version of the Commission proposal to amend Directive (EU) 2019/1153 on access of competent authorities to centralised bank account registries through the single access point. It lets designated national authorities directly access and search bank account information in other member states through the BAR single access point where they have justified reasons to consider relevant information exists. It adds safeguards: data must be adequate, relevant and not excessive, searches must be possible in a similar domestic case, and existing limits on authorities, purposes, data types and logging continue to apply. It adds recitals on compliance with Union law, the rule of law, fundamental rights, the rights of suspected and accused persons, and the role of national authorities. It calls on the Commission to refer the matter to Parliament again if it replaces or substantially amends its proposal.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs adopts Parliament's position at first reading with amendments to the Commission proposal, adding safeguards on data minimisation, fundamental rights and the rights of suspected and accused persons.

Key points

  1. Recital 1 is amended to say optimising and facilitating access to financial information is necessary to prevent, detect, investigate or prosecute serious crime, including terrorism.
  2. Recital 5 is amended to refer to the cross-border nature of organised crime, the financing of terrorism and money laundering, and to serious criminal offences.
  3. Recital 6 is amended to add that the safeguards and limitations of Directive (EU) 2019/1153 apply while respecting the principle of data minimisation.
  4. A new recital 6a states that access is based on the presumption that member states comply with Union law, the rule of law and fundamental rights, including privacy and data protection.
  5. The new recital 6a adds that member states must ensure the rights of suspected and accused persons are equally protected, including the right to an effective remedy and a fair trial.
  6. The new recital 6a states that competent authorities must respect fundamental rights under international law, including the European Convention on Human Rights and Fundamental Freedoms, and member states' constitutions.
  7. A new recital 6b says member states should consider the nature, organisational status, role and prerogatives of national authorities responsible for preventing, detecting, investigating or prosecuting criminal offences.
  8. Recital 12 is amended to say the European Data Protection Supervisor delivered its comments on 6 September 2021.
  9. Article 4(1a) requires member states to ensure designated competent national authorities can directly and immediately access and search bank account information in other member states through the BAR single access point.
  10. Access is allowed where authorities have justified reasons to consider relevant bank account information exists in other member states and is necessary for preventing, detecting, investigating or prosecuting a serious criminal offence, including identifying, tracing and freezing assets.
  11. Data gathered through the BAR single access point must be adequate and relevant for the purposes sought and not excessive, and searches may only be conducted if they would be possible in the national registry under the same conditions in a similar domestic case.
  12. Parliament calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.

Who is affected

  • Competent national authorities designated under Article 3(1) of Directive (EU) 2019/1153, which gain direct access to other member states' bank account registries.
  • Member states, which must ensure their authorities have the access powers and that safeguards are applied.
  • Suspected and accused persons, whose rights to an effective remedy and a fair trial must be equally protected.

Figures and deadlines

  • 6 September 2021: date the European Data Protection Supervisor delivered its comments.

Legal basis: Article 294(2) and Article 87(2) of the Treaty on the Functioning of the European Union.