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

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2021)0429 – C90000/2022 – 2021/0244(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0429),

– having regard to Article 294(2) and Article 87(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90000/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Economic and Monetary Affairs,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2022),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Recital 6 a (new)

Present text

Amendment

(6a) The mechanism on direct cross-border access of law enforcement authorities to centralised bank account registries through the single access point is based on the principle of mutual trust between the Member States and a presumption that Member States comply with Union law, the rule of law in accordance with Article 2 TEU and, in particular, with fundamental rights in accordance with Article 6 TEU, such as the right to privacy and data protection, which are essential elements of the area of freedom, security and justice within the Union.

Or. en

Justification

Such cross-border rules need the basis in national law in accordance with the obligations under Article 8 ECHR (right to privacy), as well that such searches shall be proportionate and used only if applicable in similar domestic situations to prevent forum shopping.

Amendment 2

Proposal for a directive

Article 1 – paragraph 1

Directive (EU) 2019/1153

Article 4 – paragraph 1 a

Text proposed by the Commission

Amendment

1a. Member States shall ensure that the competent national authorities designated pursuant to Article 3(1) have the power to access and search, directly and immediately, bank account information in other Member States available through the bank account registers (BAR) single access point put in place pursuant to Article XX of Directive (EU) YYYY/XX [the new Anti-Money Laundering Directive] when necessary for the performance of their tasks for the purposes of preventing, detecting, investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence, including the identification, tracing and freezing of the assets related to such investigation..

1a. Member States shall ensure that the competent national authorities designated pursuant to Article 3(1) have the power to access and search, directly and immediately, in accordance with national law, bank account information in other Member States available through the bank account registers (BAR) single access point put in place pursuant to Article XX of Directive (EU) YYYY/XX [the new Anti-Money Laundering Directive] when necessary for the performance of their tasks for the purposes of preventing, detecting, investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence, including the identification, tracing and freezing of the assets related to such investigation.

The gathering of data under the first subparagraph shall be proportionate for the purpose of the proceedings, taking into account the rights of the suspected or accused person, and respecting the fact that the search would have been possible under the same conditions in a similar domestic case. The data gathered shall be used only for the purpose for which it was sought.

Member States shall ensure that, when conducting cross-border access and searching for information through the single point of access to bank account registers, the competent authorities designated by them respect the procedural rights of individuals and comply with Union rules on personal data protection.

Or. en

Justification

Such cross-border rules need the basis in national law in accordance with the obligations under Article 8 ECHR (right to privacy), as well that such searches shall be proportionate and used only if applicable in similar domestic situations to prevent forum shopping.