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Document 02019L1153-20240709
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
Consolidated text: 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
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
02019L1153 — EN — 09.07.2024 — 001.001
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DIRECTIVE (EU) 2019/1153 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 (OJ L 186 11.7.2019, p. 122) |
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DIRECTIVE (EU) 2024/1654 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 May 2024 |
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19.6.2024 |
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
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Directive lays down:
measures to facilitate access to and the use of financial information and bank account information by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences;
measures to facilitate access to law enforcement information by Financial Intelligence Units (FIUs) for the prevention and combating of money laundering, associate predicate offences and terrorist financing and measures to facilitate cooperation between FIUs; and
technical measures to facilitate the use of transaction records by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences.
This Directive is without prejudice to:
Directive (EU) 2015/849 and the related provisions of national law, including the organisational status conferred on FIUs under national law as well as their operational independence and autonomy;
channels for the exchange of information between competent authorities or the powers of competent authorities under Union or national law to obtain information from obliged entities;
Regulation (EU) 2016/794;
the obligations resulting from Union instruments on mutual legal assistance or on mutual recognition of decisions regarding criminal matters and from Framework Decision 2006/960/JHA;
procedures under national law under which authorities competent for the prevention, detection, investigation or prosecution of serious criminal offences can require financial institutions and credit institutions to provide transaction records, including time-limits for providing transaction records.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
‘centralised bank account registries’ means the centralised automated mechanisms, such as central registries or central electronic data retrieval systems, put in place in accordance with Article 32a(1) of Directive (EU) 2015/849;
‘Asset Recovery Offices’ means the national offices set up or designated by each Member State pursuant to Decision 2007/845/JHA;
‘Financial Intelligence Unit (“FIU”)’ means an FIU as established pursuant to Article 32 of Directive (EU) 2015/849;
‘obliged entities’ means the entities set out in Article 2(1) of Directive (EU) 2015/849;
‘financial information’ means any type of information or data, such as data on financial assets, movements of funds or financial business relationships, which is already held by FIUs to prevent, detect and effectively combat money laundering and terrorist financing;
‘law enforcement information’ means:
any type of information or data which is already held by competent authorities in the context of preventing, detecting, investigating or prosecuting criminal offences;
any type of information or data which is held by public authorities or by private entities in the context of preventing, detecting, investigating or prosecuting criminal offences and which is available to competent authorities without the taking of coercive measures under national law;
such information can be, inter alia, criminal records, information on investigations, information on the freezing or seizure of assets or on other investigative or provisional measures and information on convictions and on confiscations;
‘bank account information’ means the information set out in Article 16(3) of Directive (EU) 2024/1640 of the European Parliament and of the Council ( 1 );
‘transaction records’ means the details of operations which have been carried out during a defined period through a specified payment account, as defined in Article 2, point (5), of Regulation (EU) No 260/2012 of the European Parliament and of the Council ( 2 ), or a bank account identified by IBAN, as defined in Article 2, point (15), of that Regulation, or the details of transfers of crypto-assets, as defined in Article 3, point (10), of Regulation (EU) 2023/1113 of the European Parliament and of the Council ( 3 );
‘credit institution’ means credit institution as defined in Article 2, point (5), of Regulation (EU) 2024/1624 of the European Parliament and of the Council ( 4 );
‘financial institution’ means financial institution as defined in Article 2, point (6), of Regulation (EU) 2024/1624;
‘crypto-asset service provider’ means crypto-asset service provider as defined in Article 3(1), point (15), of Regulation (EU) 2023/1114 of the European Parliament and of the Council ( 5 );
‘money laundering’ means the conduct defined in Article 3 of Directive (EU) 2018/1673 of the European Parliament and of the Council ( 6 );
‘associated predicate offences’ means the offences referred to in point (1) of Article 2 of Directive (EU) 2018/1673;
‘terrorist financing’ means the conduct defined in Article 11 of Directive (EU) 2017/541 of the European Parliament and of the Council ( 7 );
‘financial analysis’ means the results of operational and strategic analysis that has already been carried out by the FIUs in the performance of their tasks, pursuant to Directive (EU) 2015/849;
‘serious criminal offences’ means the forms of crime listed in Annex I to Regulation (EU) 2016/794.
Article 3
Designation of competent authorities
CHAPTER II
ACCESS BY COMPETENT AUTHORITIES TO BANK ACCOUNT INFORMATION AND THE FORMAT OF TRANSACTION RECORDS
Article 4
Access to and searches of bank account information by competent authorities
A Member State may limit the power to access and search bank account information through the BARIS to situations in which its competent national authorities designated pursuant to Article 3(1) have justified reasons to believe that there might be relevant bank account information in other Member States.
Without prejudice to Article 4(2) of Directive (EU) 2016/680, bank account information obtained by means of accessing and searching the BARIS shall be processed only for the purpose for which it was collected.
Access and searches pursuant to this paragraph shall be considered to be direct and immediate, inter alia, where the national authorities operating the central bank account registries transmit the bank account information expeditiously by an automated mechanism to competent authorities, provided that no intermediary institution is able to interfere with the requested data or the information to be provided.
Article 5
Conditions for access and for searches by competent authorities
Article 6
Monitoring access and searches by competent authorities
the national file reference;
the date and time of the query or search;
the type of data used to launch the query or search;
the unique identifier of the results;
the name of the designated competent authority consulting the registry;
the unique user identifier of the official who made the query or performed the search and, where applicable, of the official who ordered the query or search and, as far as possible, the unique user identifier of the recipient of the results of the query or search.
Article 6a
Transaction records
CHAPTER III
EXCHANGE OF INFORMATION BETWEEN COMPETENT AUTHORITIES AND FIUS, AND BETWEEN FIUS
Article 7
Requests for information by competent authorities to an FIU
Article 8
Requests of information by an FIU to competent authorities
Subject to national procedural safeguards and in addition to the access to information by FIUs as provided for in Article 32(4) of Directive (EU) 2015/849, each Member State shall ensure that its designated competent authorities are required to reply in a timely manner to requests for law enforcement information made by the national FIU on a case-by-case basis, where the information is necessary for the prevention, detection and combating of money laundering, associate predicate offences and terrorist financing.
Article 9
Exchange of information between FIUs of different Member States
Article 10
Exchange of information between competent authorities of different Member States
Each Member State shall ensure that its designated competent authorities use the financial information or financial analysis exchanged pursuant to this Article only for the purpose for which it was sought or provided.
Each Member State shall ensure that any dissemination of financial information or financial analysis obtained by its designated competent authorities from the FIU of that Member State to any other authority, agency or department or any use of that information for purposes other than those originally approved is made subject to the prior consent of the FIU providing the information.
CHAPTER IV
EXCHANGE OF INFORMATION WITH EUROPOL
Article 11
Provision of bank account information to Europol
Each Member State shall ensure that its competent authorities are entitled to reply, through the Europol national unit or, if allowed by that Member State, by direct contacts with Europol, to duly justified requests related to bank account information made by Europol on a case-by-case basis within the limits of its responsibilities and for the performance of its tasks. Article 7(6) and (7) of Regulation (EU) 2016/794 apply.
Article 12
Exchange of information between Europol and FIUs
Article 13
Detailed arrangements for the exchange of information
Member States shall ensure that the exchanges of information pursuant to Articles 11 and 12 of this Directive take place in accordance with Regulation (EU) 2016/794 electronically through:
SIENA or its successor, in the language applicable to SIENA; or
where applicable, FIU.Net or its successor.
Article 14
Data protection requirements
CHAPTER V
ADDITIONAL PROVISIONS RELATED TO THE PROCESSING OF PERSONAL DATA
Article 15
Scope
This Chapter applies only to designated competent authorities and FIUs in respect of the exchange of information pursuant to Chapter III and in respect of the exchange of financial information and financial analysis involving the Europol national units pursuant to Chapter IV.
Article 16
Processing of sensitive personal data
Article 17
Records of information requests
Member States shall ensure that records are kept relating to requests for information pursuant to this Directive. Those records shall contain at least the following information:
the name and contact details of the organisation and of the staff member requesting the information and, as far as possible, of the recipient of the results of the query or search;
the reference to the national case in relation to which the information is requested;
the subject matter of the requests; and
any executing measures of such requests.
The records shall be kept for a period of five years after their creation and shall be used solely for the purpose of checking the lawfulness of the processing of personal data. The authorities concerned shall make all records available to the national supervisory authority upon its request.
Article 18
Restrictions to data subjects’ rights
Member States may adopt legislative measures restricting, in whole or in part, data subjects’ right of access to personal data relating to them processed under this Directive, in accordance with Article 23(1) of Regulation (EU) 2016/679 or with Article 15(1) of Directive (EU) 2016/680, as applicable.
CHAPTER VI
FINAL PROVISIONS
Article 19
Monitoring
That programme shall set out the means by which, and the intervals at which, the data and other necessary evidence will be collected. It shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence.
Member States shall provide the Commission with the data and other evidence necessary for the monitoring.
In any event, the statistics referred to in paragraph 1 shall include the following information:
the number of searches carried out by designated competent authorities in accordance with Article 4;
data measuring the volume of requests issued by each authority under this Directive, the follow-up given to those requests, the number of cases investigated, the number of persons prosecuted and the number of persons convicted for serious criminal offences, where such information is available;
data measuring the time it takes an authority to respond to a request after the receipt of the request;
if available, data measuring the cost of human or IT resources that are dedicated to domestic and cross-border requests falling under this Directive.
Article 20
Relationship to other instruments
If, within two months of receipt of notification of a Member State’s intention to enter into the negotiations referred to in the first subparagraph, the Commission concludes that the negotiations are likely to undermine relevant Union policies or to lead to an agreement which is incompatible with Union law, it shall inform the Member State accordingly.
Member States shall keep the Commission regularly informed of any such negotiations and, where appropriate, invite the Commission to participate as an observer.
Member States shall be authorised to apply provisionally or to conclude agreements referred to in the first subparagraph, provided that they are compatible with Union law and do not harm the object and purpose of the relevant policies of the Union. The Commission shall adopt such authorisation decisions by implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22.
Article 21
Evaluation
Article 22
Committee procedure
Article 23
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 August 2021. They shall immediately inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 24
Repeal of Decision 2000/642/JHA
Decision 2000/642/JHA is repealed with effect from 1 August 2021.
Article 25
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 26
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
( 1 ) Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive (EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (OJ L, 2024/1640, 19.6.2024, ELI: http://data.europa.eu/eli/dir/2024/1640/oj).
( 2 ) Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).
( 3 ) Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 (OJ L 150, 9.6.2023, p. 1).
( 4 ) Regulation (EU) 2024/1624 of the European Parliament and of the Council of 31 May 2024 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (OJ L, 2024/1624, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1624/oj).
( 5 ) Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p. 40).
( 6 ) Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22).
( 7 ) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
( 8 ) Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj).