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DRAFT REPORT (COM(2021)0429 – C90000/2022 – 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

LIBE-PR-734352

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

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This is the rapporteur's draft report on the Commission proposal to amend Directive (EU) 2019/1153 so that competent authorities can reach centralised bank account registries through the single access point. The draft resolution adopts Parliament's first-reading position and asks the Commission to return the matter to Parliament if it substantially changes its proposal. The amendments add a recital stating that direct cross-border access rests on mutual trust and a presumption that member states comply with Union law, the rule of law and fundamental rights. They require member states to give designated authorities direct and immediate access to bank account information in other member states through the single access point, in accordance with national law, for serious criminal offences. The amendments add that such data gathering must be proportionate, respect the rights of suspected or accused persons, be possible under the same conditions in a similar domestic case, and be used only for the purpose sought. They also require member states to ensure that authorities conducting cross-border searches respect procedural rights and Union personal data protection rules.

Committee position. The rapporteur proposes that Parliament adopt its first-reading position with amendments adding a recital on mutual trust and fundamental rights, and adding conditions of national law, proportionality, procedural rights and data protection to cross-border access to bank account information.

Key points

  1. Parliament adopts its first-reading position on the proposal to amend Directive (EU) 2019/1153 on access to centralised bank account registries through the single access point.
  2. Parliament calls on the Commission to refer the matter to it again if the Commission replaces, substantially amends or intends to substantially amend its proposal.
  3. A new recital states that direct cross-border access by law enforcement to centralised bank account registries through the single access point is based on mutual trust between member states.
  4. That recital adds a presumption that member states comply with Union law, the rule of law under Article 2 TEU and fundamental rights under Article 6 TEU, including privacy and data protection.
  5. Member states must ensure that competent national authorities designated under Article 3(1) can access and search bank account information in other member states directly and immediately through the bank account registers single access point.
  6. This access must be in accordance with national law and be necessary for preventing, detecting, investigating or prosecuting a serious criminal offence, or supporting such an investigation, including identifying, tracing and freezing related assets.
  7. The gathering of data must be proportionate for the purpose of the proceedings, taking into account the rights of the suspected or accused person.
  8. The search must have been possible under the same conditions in a similar domestic case, and the data gathered may be used only for the purpose for which it was sought.
  9. Member states must ensure that their designated authorities respect the procedural rights of individuals and comply with Union rules on personal data protection when conducting cross-border access and searches through the single access point.

Who is affected

  • Member states, which must give designated authorities access to bank account information in other member states and ensure safeguards.
  • Competent national authorities designated under Article 3(1), which gain direct and immediate cross-border access to bank account information.
  • Suspected or accused persons, whose procedural rights and data protection must be respected in cross-border searches.

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