# C_2021158EN.01084701.xml

| 30.4.2021 | EN | Official Journal of the European Union | C 158/847 |
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30.4.2021

EN

Official Journal of the European Union

C 158/847

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P8_TA(2019)0418

Rules facilitating the use of financial and other information ***I

European Parliament legislative resolution of 17 April 2019 on the proposal for a Directive of the European Parliament and of the Council laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA (COM(2018)0213 — C8-0152/2018 — 2018/0105(COD))

(Ordinary legislative procedure: first reading)

(2021/C 158/65)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0213), |
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having regard to the Commission proposal to Parliament and the Council (COM(2018)0213),

| — | 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 (C8-0152/2018), |
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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 (C8-0152/2018),

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

| — | having regard to the opinion of the European Economic and Social Committee of 12 July 2018 (1), |
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having regard to the opinion of the European Economic and Social Committee of 12 July 2018 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 February 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
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having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Economic and Monetary Affairs (A8-0442/2018), |
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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Economic and Monetary Affairs (A8-0442/2018),

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

| 2. | Approves its statement annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act; |
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2.

| 3. | Takes note of the statement by the Commission annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act; |
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3.

| 4. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
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4.

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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5.

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(1)  OJ C 367, 10.10.2018, p. 84.

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P8_TC1-COD(2018)0105

Position of the European Parliament adopted at first reading on 17 April 2019 with a view to the adoption of Directive (EU) 2019/... of the European Parliament and of the Council laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/1153.)

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ANNEX TO THE LEGISLATIVE RESOLUTION

European Parliament Statement on Article 9

The European Parliament regrets that, against the original proposal, the Directive does not include rules on precise deadlines and IT channels for the exchange of information between Financial Intelligence Units of different Member States. The European Parliament also regrets that the scope of application of this Article has been limited to cases of terrorism and organised crime associated with terrorism, and does not cover, as originally proposed, all types of serious criminal offences, which can also have serious detrimental effects on our societies. The European Parliament urges the Commission to re-examine this issue as part of its reports on the implementation and evaluation of this Directive and of the Anti-Money Laundering Directive, and specifically as part of its assessment under Article 21. The European Parliament will closely follow and analyse those reports and assessments and will come up with its own recommendations, if necessary.

Commission Statement

In relation to Article 9 of the Directive, the Commission regrets that, against its original proposal, the Directive does not include rules on precise deadlines and IT channels for the exchange of information between Financial Intelligence Units of different Member States. The Commission also regrets that the scope of application of this Article has been limited to cases of terrorism and organised crime associated with terrorism, and does not cover all types of serious criminal offences, as originally proposed. The Commission will further reflect on Financial Intelligence Unit to Financial Intelligence Unit cooperation, notably as part of its reports on the implementation of this Directive and of the Anti-Money Laundering Directive.

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