On the proposal for a directive of the European Parliament and of the Council on the Definition of criminal offences and penalties for the violation of Union restrictive measures
BUDG-AD-746791
Committee on Budgets · Rapporteur: Vlad Gheorghe
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The Committee on Budgets gives its opinion on the proposed directive on criminal offences and penalties for violating EU restrictive measures. It proposes amendments to strengthen the role of the European Public Prosecutor's Office (EPPO) in investigating sanction circumvention.¶¶¶ It asks that confiscated assets from sanctions violations against Russia be used to rebuild infrastructure in Ukraine and compensate victims.¶¶¶ It proposes lower thresholds for maximum penalties, higher fines for legal persons, and new reporting obligations on frozen and confiscated assets.¶¶¶
Committee position. The Committee on Budgets calls on the Committee on Civil Liberties, Justice and Home Affairs to take into account its amendments, which strengthen the EPPO's role, lower penalty thresholds, raise fines for legal persons, and direct confiscated assets to Ukraine's reconstruction and victim compensation.¶¶¶
Key points
- The report stresses the EPPO's role in investigating sanction circumvention and says it should have the same access to information as national authorities.¶
- It calls for assets confiscated from sanctions violations against Russia to fund rebuilding infrastructure in Ukraine and compensate victims.¶¶¶
- It asks for proportionate fines and a joint sanction enforcement structure to help member states implement restrictive measures.¶
- Amendment 1 adds that transferring funds to a closely related party to circumvent sanctions undermines their effectiveness and is covered by the offence.¶
- Amendment 2 says proceeds from violations should be confiscated, and net revenues from liquidating Russian sanctions assets should rebuild Ukraine and compensate victims.¶
- Amendment 3 says member states' authorities should cooperate through Europol, Eurojust and the EPPO in line with their mandates.¶
- Amendment 4 says asset recovery offices should cooperate with the EPPO and report to it like they do to national authorities and Financial Intelligence Units.¶
- Amendment 5 says offences involving designated persons under Regulations 269/2014 and 833/2014 should be considered crimes against the EU's financial interests.¶
- Amendment 6 adds that the EPPO should play a crucial role in investigating circumvention crimes that undermine EU financial interests.¶
- Amendment 8 lowers the threshold for a maximum penalty of at least one year of imprisonment from EUR 100 000 to EUR 50 000.¶
- Amendment 10 says fines for natural persons should be proportionate to the funds involved, with a maximum of at least EUR 10 000 000 for offences involving at least EUR 100 000.¶
- Amendments 11 and 12 raise maximum fines for legal persons to not less than 5 percent and 10 percent of consolidated worldwide turnover.¶¶
Who is affected
- Member states' competent authorities, which must cooperate and share information with the EPPO and other bodies.¶¶¶
- The European Public Prosecutor's Office (EPPO), which would gain access to information and a role in investigating sanction circumvention.¶¶¶
- Legal persons, which would face fines of at least 5 or 10 percent of consolidated worldwide turnover for certain offences.¶¶
- Victims of Russian aggression in Ukraine, who would receive compensation from confiscated assets and fines.¶¶¶
Figures and deadlines
- EUR 50 000, threshold for a maximum penalty of at least one year of imprisonment.¶
- EUR 100 000, threshold for a maximum penalty of at least five years of imprisonment.¶
- EUR 10 000 000, maximum fine for natural persons when offences involve at least EUR 100 000.¶
- 5 percent, minimum maximum fine for legal persons for certain offences.¶
- 10 percent, minimum maximum fine for legal persons for other offences.¶