Directive 2019/1153 - Rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences - Main contents
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Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 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| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2019/1153 |
| Original proposal | COM(2018)213  |
| CELEX number i | 32019L1153 |
| Document | 20-06-2019; Date of signature |
|---|---|
| Publication in Official Journal | 11-07-2019; OJ L 186 p. 122-137 |
| Signature | 20-06-2019 |
| Effect | 31-07-2019; Entry into force Date pub. +20 See Art 25 |
| Deadline | 01-02-2020; See Art 19.2 02-12-2021; See Art 3.3 02-08-2024; See Art 21.1 And 21.2 And 21.4 02-08-2027; At the earliest See Art 21.5 |
| End of validity | 31-12-9999 |
| Transposition | 01-08-2021; See Art 23 |
11.7.2019 |
EN |
Official Journal of the European Union |
L 186/122 |
DIRECTIVE (EU) 2019/1153 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 June 2019
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 87(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Facilitating the use of financial information is necessary to prevent, detect, investigate or prosecute serious crime. |
(2) |
In order to enhance security, improve prosecution of financial crimes, combat money laundering and prevent tax crimes in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units (‘FIUs’) and public authorities responsible for the prevention, detection, investigation or prosecution of serious crime, to enhance their ability to conduct financial investigations and to improve cooperation between them. |
(3) |
Pursuant to Article 4(3) of the Treaty on European Union (TEU), the Union and the Member States are to assist each other. They should also commit to cooperate in a loyal and expeditious manner. |
(4) |
In its communication of 2 February 2016 on an ‘Action Plan to strengthen the fight against terrorist financing’, the Commission committed to explore the possibility of a distinct self-standing legal instrument to broaden the access to centralised bank and payment account registers by Member States’ authorities, including by authorities competent for the prevention, detection, investigation or prosecution of criminal offences, by Asset Recovery Offices, by tax authorities and by anti-corruption authorities. Moreover, that Action Plan also called for a mapping of obstacles to the access to, exchange and use of information as well as to operational cooperation between FIUs. |
(5) |
Combating serious crime, including financial fraud and money laundering, remains a priority for the Union. |
(6) |
Directive (EU) 2015/849 of the European Parliament and of the Council (3) requires Member States to put in place centralised bank account registries or data retrieval systems allowing the timely identification of the persons holding bank and payment accounts and safe-deposit boxes. |
(7) |
Pursuant to Directive (EU) 2015/849, the information held in such centralised bank account registries is to be directly accessible to FIUs and also accessible to national authorities competent for the prevention of money laundering, the associated predicate offences and terrorist financing. |
(8) |
Immediate and direct access to the information held in centralised bank account registries is often indispensable for the success of a criminal investigation or for the timely identification, tracing and freezing of related assets in view of their confiscation. Direct access is the most immediate type of access to the information held in centralised bank account registries. This Directive should therefore lay down rules granting direct access to information held in centralised bank account registries to designated Member States’ authorities competent for the prevention, detection, investigation or prosecution of criminal offences. Where a Member State provides access to bank account information through... |
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