FantasticSearch

Scroll to: TopResults

Explore European Union Legislation by Asking a Legal Question

assisted-checkbox

filter-instruction-1
positive-filters
negative-filters
act-filter tabs-all

parameters-title

query

assisted-checkbox:

result-title

total 3

Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation

article  6

CELEX:  32024L1260

Access to information
1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have access to the information referred to in this Article to the extent that such information is necessary for the tracing and identification of instrumentalities, proceeds or property.
2. Member States shall ensure that asset recovery offices have immediate and direct access to the following information, provided that such information is stored in centralised or interconnected databases or registers held by public authorities:
(a) national real-estate registers or electronic data retrieval systems and land and cadastral registers;
(b) national citizenship and population registers of natural persons;
(c) national motor vehicle, aircraft and watercraft registers;
(d) commercial registers, including business and company registers;
(e) national beneficial-ownership registers in accordance with Directive (EU) 2015/849 and data available through the interconnection of beneficial-ownership registers in accordance with that Directive;
(f) centralised bank-account registers in accordance with Directive (EU) 2019/1153.
Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation

article  6

CELEX:  32024L1260

3. For the purposes of paragraph 1, Member States shall ensure that asset recovery offices can swiftly obtain, either immediately and directly or upon request, the following information:
(a) fiscal data, including data held by tax and revenue authorities;
(b) national social security data;
(c) relevant information which is held by authorities competent for preventing, detecting, investigating or prosecuting criminal offences;
(d) information on mortgages and loans;
(e) information contained in national currency databases and currency exchange databases;
(f) information on securities;
(g) customs data, including cross-border physical transfers of cash;
(h) information on annual financial statements by companies;
(i) information on wire-transfers and account balances;
(j) information on crypto-asset accounts and crypto-asset transfers as defined in Article 3 of Regulation (EU) 2023/1113 of the European Parliament and of the Council ;
(k) in accordance with Union law, data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).
Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation

article  6

CELEX:  32024L1260

4. Where the information referred to in paragraphs 2 and 3 is not stored in centralised or interconnected databases or registers held by public authorities, Member States shall take the necessary measures to ensure that asset recovery offices can swiftly obtain that information from relevant institutions by other means in a streamlined and standardised manner.
5. Member States may decide that access to the information referred to in paragraph 3, points (a), (b) and (c), requires a reasoned request, and that such a request can be denied where the provision of the requested information would:
(a) jeopardise the success of an ongoing investigation;
(b) be clearly disproportionate to the legitimate interests of a natural or legal person with regard to the purposes for which access has been requested; or (c) comprise information provided by another Member State or third country and it is not possible to obtain consent for its further transmission.
6. Access to information referred to in this Article shall be without prejudice to the procedural safeguards established under national law, including, where necessary, the requirement to obtain a judicial authorisation.