Directive 2024/1654 - Amendment of Directive (EU) 2019/1153 as regards access by competent authorities to centralised bank account registries through the interconnection system and technical measures to facilitate the use of transaction records - Main contents
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Directive (EU) 2024/1654 of the European Parliament and of the Council of 31 May 2024 amending Directive (EU) 2019/1153 as regards access by competent authorities to centralised bank account registries through the interconnection system and technical measures to facilitate the use of transaction records| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/1654 |
| Original proposal | COM(2021)429  |
| CELEX number i | 32024L1654 |
| Document | 31-05-2024; Date of signature |
|---|---|
| Signature | 31-05-2024 |
| Effect | 09-07-2024; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 10-07-2027; See Art 2.1 10-07-2029; See Art 2.1 |
Official Journal of the European Union |
EN L series |
2024/1654 |
19.6.2024 |
DIRECTIVE (EU) 2024/1654 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 31 May 2024
amending Directive (EU) 2019/1153 as regards access by competent authorities to centralised bank account registries through the interconnection system and technical measures to facilitate the use of transaction records
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,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Optimising and facilitating access to financial information is necessary to prevent, detect, investigate and prosecute serious crime, including terrorism. In particular, swift access to financial information is essential for carrying out effective criminal investigations and for successfully tracing and subsequently confiscating the instrumentalities and proceeds of crime, in particular as part of investigations into organised crime and cybercrime. |
(2) |
Directive (EU) 2019/1153 of the European Parliament and of the Council (2) enables authorities designated by Member States among their authorities competent for the prevention, detection, investigation or prosecution of criminal offences to access and search, subject to certain safeguards and limitations, bank account information. Directive (EU) 2019/1153 defines bank account information as certain information contained in the centralised automated mechanisms put in place by Member States pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council (3). Such centralised automated mechanisms are referred to in Directive (EU) 2019/1153 as centralised bank account registries. |
(3) |
The competent authorities designated under Directive (EU) 2019/1153 are to include at least Asset Recovery Offices and can also include tax authorities and anti-corruption agencies to the extent that they are competent for the prevention, detection, investigation or prosecution of criminal offences under national law. Pursuant to that Directive, those competent authorities are empowered to directly access and search only the centralised bank account registry of the Member State that designated them. |
(4) |
Directive (EU) 2024/1640 of the European Parliament and of the Council (4), which replaces Directive (EU) 2015/849 and retains the key features of the system established by that Directive, provides, in addition, that the centralised automated mechanisms are to be interconnected via the bank account registers interconnection system (BARIS), to be developed and operated by the Commission. However, under Directive (EU) 2024/1640, only Financial Intelligence Units (‘FIUs’) continue to have direct access to the centralised automated mechanisms, including through the BARIS. |
(5) |
Considering the cross-border nature of organised crime, of the financing of terrorism and of money laundering, and the importance of relevant financial information for the purpose of combating serious criminal offences, including, where possible and appropriate, by swiftly tracing, freezing and confiscating illegally obtained assets, competent authorities designated under Directive (EU) 2019/1153 should be able to directly access and search the centralised bank account registries of other Member States through the BARIS. |
(6) |
The safeguards and limitations established by Directive (EU) 2019/1153 should also apply to the power to access and search bank account information through the BARIS. Those safeguards and limitations concern which authorities have the... |
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