89 Amendments of Michal ŠIMEČKA related to 2021/0240(COD)
Amendment 206 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The fulfilment of the Authority's objectives relies on adequate resourcing and staffing at Union level, while insufficient funds for personnel and equipment of FIUs risk to highjack the entire rationale of the Authority, therefore the good cooperation of the Member States is an essential condition to achieve the best results;
Amendment 230 #
(14a) In the context of its supervisory tasks, the Authority should also actively cooperate with competent FIUs and have the possibility to consult with EU law enforcement agencies. Where the Authority, in the course of its supervisory and oversight activities, discovers facts, that could be related to money laundering, to a predicate offence or to terrorist financing, it should ensure that the information is promptly made available to the competent FIUs within their respective areas of competence.
Amendment 240 #
Proposal for a regulation
Recital 16
Recital 16
(16) The first category of credit and financial institutionor non-financial institutions, including crypto-asset service providers, or groups of such institutions should be assessed every three years, based on a combination of objective criteria related to their cross-border presence and activity, and criteria related to their inherent ML/FT risk profile. Only large complex financial groups present in a number of Member States that could be more efficiently supervised at Union level should be included in theDuring subsequent selection process. With respect to credit institutions, minimal cross-border presence for inclusion in the selection process should be based on the number of subsidiaries and branches in different Membunds, the Authority should assess those institutions based on residual risk benchmarks in order to better States, because risky banking activitrget the riskiest of significant volume require a local presence in a form of an establishment. Other financial sector entities may, in contrast, carry out activities that can be sufficiently risky from an ML/TF perspective by means of direct provision of services, for example via a network of agents, but may not have established subsidiaries or branches in a large number of Member States. Therefore, applying the samethose obliged entities. In order to ensure that direct supervision by the Authority has added value, only cross- border criteria, that is to say the one related to freedom of establishment, would result in scoping out large financial sector entities that can have a significant risk profile in a number of Member States, without being established there. Since the volume of activities via direct provision of services is generally smaller than the volume of activities carried out in a branch or a subsidiary, it is appropriate to consider only groups that are established in at least two Member States, but provide services directly or via a network of agents in at least eight more Member Statesentities operating in a minimum number of Member States, either through having an establishment or as a result of the freedom to provide services, should fall within the remit of the Authority.
Amendment 249 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In the process of directly supervising selected obliged entities the Authority’s aim shall be to improve the ability of obliged entities as well as supervisors to better understand, manage and mitigate the risks identified, while avoiding de-risking and other unintended consequences, such as financial exclusion and discriminatory policies.
Amendment 251 #
Proposal for a regulation
Recital 18
Recital 18
(18) The final selection criterion should warrant a level playing field among directly supervised obliged entities, and to that end, no discretion should be left to the Authority or supervisory authorities in deciding on the list of obliged entities that should be subject to direct supervision. Therefore, where a given assessed obliged entity operates cross-border and falls within the high risk category in accordance with the harmonised methodology in a minimum number of Member States, it should be deemed a selected obliged entity. In case of credit institutions, the cross- border aspect should be addressed by including those credit institutions that are classified as high risk in at least four Member States and where in at least one Member State of those four the entity has been under supervisory or oGeographical balance should also be taken into account, with at least one selected entity per Member State. This will enhance ther public investigation for material breachesrevention of AML/CFT requirements. In case of other financial institutions, the cross-border aspect should be addressed by including those financial institutions that are classified as high risk in at least one Member State where they are established and at least five other Member States where they operate by means of direct provision of servicand ensure that supervisory practices are aligned across the Union, while avoiding reputational impact for particular Member States or entities.
Amendment 274 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The implementation of EU restrictive measures following the Russian war on Ukraine shows the complexity of identifying assets owned by oligarchs, who hide them across different jurisdictions through complex legal and financial structures. An inconsistent enforcement of restrictive measures undermines the Union's ability to speak with one voice It is therefore paramount that EU restrictive measures are fully implemented and the violation of those measures must not be allowed to pay off. It must be ensured that the assets of individuals and entities that violate the restrictive measures can be effectively confiscated in the future. AMLA can play an important role in this regard. The Authority should be responsible for a European Asset Registry. It will be tasked with creating and maintaining an interoperable interface, which acts as an access point. The Authority should also be able to define the standards for data format and accessibility regarding the list of assets as defined by [please insert reference – 6th Anti-Money Laundering Directive].The Authority should also cooperate with Asset Recovery Offices in Member States and contribute towards attaining the goals set in [please insert reference –Proposal for a Directive on asset recovery and confiscation, COM(2022) 245 final].
Amendment 283 #
(41) The Chair of the Authority should chair the General Board meetings and have a right to vote when decisions are taken by simple majority. The Commission and the Parliament should be a non-voting member on the General Board. To establish good cooperation with other relevant institutions, the General Board should also be able to admit other non-voting observers, such as a representative of the Single Supervisory Mechanism and of each of the three European Supervisory Authorities (EBA, EIOPA and ESMA) for the General Board in its Supervisory Composition and Europol, the EPPO and Eurojust for the General Board in its FIU composition, where matters that fall under their respective mandates are discussed or decided upon. To allow a smooth decision making process, decisions of the General Board should be taken by a simple majority, except for decisions concerning draft regulatory and implementing technical standards, guidelines and recommendations which should be taken by a qualified majority of Member State representatives in accordance with voting rules of the TFEU.
Amendment 285 #
Proposal for a regulation
Recital 42
Recital 42
(42) The governing body of the Authority should be the Executive Board composed of the Chair of the Authority and of five full time members, appointed by the General Board based on the shortlist by the Commission. With the aim of ensuring a speedy and efficient decision making process, the Executive Board should be in charge of planning and execution of all the tasks of the Authority except where specific decisions are explicitly allocated to the General Board. In order to ensure objectivity and appropriate rapidity of the decision-making process in the area of direct supervision of the selected obliged entities, the Executive Board should take all binding decisions addressed to selected obliged entities. In addition, together with a representative of the Commission the Executive Board should be collectively responsible for the administrative and budgetary decisions of the Authority. The consentopinion of the Commission should be required when the Executive Board is taking decisions related to the budget administration, procurement, recruitment, and audit of the Authority, given that a portion of funding of the Authority will be provided from Union budget.
Amendment 287 #
Proposal for a regulation
Recital 43
Recital 43
(43) To allow for swift decisions, all decisions of the Executive Board, including the decision where the Commission has a right to vote, should be taken by simple majority, with the Chair holding a casting vote in case of a tied vote. To ensure sound financial management of the Authority, the Commission’s consentopinion should be required for decisions related to budget, administration and recruitment. The voting members of the Executive Board other than the Chair should be selected by the General Board, based on a short-list established by the Commission.
Amendment 293 #
Proposal for a regulation
Recital 46
Recital 46
(46) The Executive Director of the Authority should be appointed by the Executive Board, after approval by the European Parliament, based on a shortlist from the Commission. The Executive Director of the Authority should be a senior administrative official of the Authority, in charge of the day-to-day management of the Authority, and responsible for budget administration, procurement, and recruitment and staffing.
Amendment 296 #
Proposal for a regulation
Recital 48
Recital 48
(48) It is necessary to provide the Authority with the requisite human and financial resources so that it can fulfil its objectives, tasks and responsibilities under this Regulation. To guarantee the proper functioning of the Authority, funding should be provided, depending on its tasks and functions, by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions, with a transparent methodology for the levies in order to ensure a predictable budget for the Authority. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 304 #
Proposal for a regulation
Recital 60
Recital 60
(60) Public-private partnerships (‘PPPs’) have become increasingly important cooperation and information exchange fora between FIUs, various national supervisory and law enforcement authorities and obliged entities in some Member States. Where the Authority would act as direct supervisor of selected obliged entities which are part of a PPP in any Member State, it could be beneficial for the Authority to also participate therein, on conditions determined by the relevant national public authority or authorities that set up such PPP, and with their explicit agreement. The Authority should also be empowered to initiate such partnerships, if necessary for attaining the objectives set out in this Regulation.
Amendment 306 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) For the purposes of this Regulation, when the notion of competent authorities refers to investigating and prosecuting authorities, it shall be interpreted as including the central and decentralised levels of the European Public Prosecutor's Office (EPPO) with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO.
Amendment 313 #
Proposal for a regulation
Article -1 (new)
Article -1 (new)
Article -1 Subject matter This Regulation establishes: (a) A European system of AML/CFT supervision in order to ensure a consistent high-quality application of AML/CFT supervisory duties over obliged entities, to develop a single supervisory methodology and to promote an efficient cooperation between all competent authorities; (b) A European system of FIUs in order to prevent, detect and effectively combat money laundering and terrorist financing in the internal market.; (c) A European system on targeted financial sanctions in order to ensure an effective preparation, adoption, supervision and enforcement of measures related to targeted financial sanctions.
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘selected obliged entity’ means a credit institution, a financial or non- financial institution, or a group of credit or financial institutions at the highest level of consolidation in the Union, or a crypto- asset service provider which is under direct supervision by the Authority pursuant to Article 13 ;
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘non-selected obliged entity’ means a credit institution, a financial or non- financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union, or a crypto-asset service provider other than a selected obliged entity;
Amendment 337 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) 'AML Compliance Entity' means an entity or digital platform that fully complies with GDPR and contributes to effective compliance with the objectives and obligations set out in this Regulation and in the legislative acts referred to in Article 1 paragraph 2.
Amendment 357 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) collect information fromon a regular basis from financial obliged entities and crypto-asset service providers, its own supervisory activities and those of the supervisors and supervisory authorities on weaknesses identified in the application of AML/CFT rules by obliged entities, their risk exposure, the sanctions administered and the remedial actions applied;
Amendment 360 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) establish a central AML/CFT database of information collected from supervisors and, supervisory authorities and obliged entities, and keep up to date;
Amendment 363 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) establish and maintain an interoperable interface to access the registers of certain movable and immovable assets defined by an implementing act as referred to in [please insert reference – 6th Anti-Money Laundering Directive], providing a minimum set of information, in a predefined format, including beneficial ownership information available at least to competent authorities;
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezetargeted financial sanctions under the Union restrictive measures across the internal market, as well as publishing information on asset freezes and confiscations;
Amendment 374 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) ensure group-wide compliance with the requirements applicable to the selected obliged entities pursuant to legislative acts referred to in Article 1(2), and any other legally binding Union acts that impose AML/CFT-related obligations on financial institutions, including targeted financial sanctions;
Amendment 378 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) carry out supervisory reviews and assessments on individual entity and group-wide level in order to determine whether the arrangements, strategies, processes and mechanisms put in place by the selected obliged entities are adequate to mitigate their risks related to money laundering and terrorist financing, as well as to effectively implement targeted financial sanctions, and on the basis of those supervisory reviews impose specific requirements, supervisory measures and administrative pecuniary sanctions pursuant to Articles 20, 21 and 22;
Amendment 407 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Amendment 416 #
Proposal for a regulation
Article 5 – paragraph 5 – point i a (new)
Article 5 – paragraph 5 – point i a (new)
(ia) organise visits to the FIUs, on a case-by-case basis, to monitor the capacity and compliance with the AML/CFT requirements and assess the different needs to be recommended for the Member States to address in order to improve the fight against anti-money laundering and financing of terrorism.
Amendment 425 #
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) to carry out mediation upon a request from the supervisors and supervisory authorities or on its own initiative;
Amendment 427 #
Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(cb) to settle a disagreement between supervisors and supervisory authorities with binding effect in cross border situations, and to take supervisory decision directly applicable to obliged entities concerned in accordance with Article 30a.
Amendment 428 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. With respect to competent authorities in charge of preparation, adoption, supervision and enforcement relating to targeted financial sanctions, the Authority shall have the following powers: (a) to receive data and analyses from competent authorities, third countries, international organisations and other reliable sources in view of preparing new targeted financial sanctions; (b) to collect information and statistics in relation to the tasks and activities of the competent authorities in charge of supervision and enforcement of targeted financial sanctions; (c) to receive information on possible violations, circumvention and evasion of targeted financial sanctions; (d) to issue guidelines and recommendations.
Amendment 432 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of carrying out the tasks set out in Article 5(1), the Authority shall have the following powers:
Amendment 433 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. When exercising the powers provided for in paragraph 4, and in accordance with Article 24 of Council Regulation(EU) 2017/1939, the Authority shall without undue delay inform the EPPO of any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation. Pursuant to Article 8 of Regulation 883/2013 , the Authority shall transmit to OLAF without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. Following-up on the initial information, on its own initiative or upon request and in accordance with the respective legal framework, the Authority shall provide the EPPO, or the competent national judicial or law enforcement authority, with any other connected information.
Amendment 435 #
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. The Authority shall consult with the EPPO, or the competent national judicial or law enforcement authority, where it conducts investigations under Article 17 and before taking supervisory measures under Article 20 and imposing pecuniary sanctions or penalty payments under Article 21 and 22 where the EPPO is conducting an investigation into the same facts. The modalities shall be laid down in the working agreement with the EPPO under Article 80(2).
Amendment 436 #
Proposal for a regulation
Article 6 – paragraph 4 c (new)
Article 6 – paragraph 4 c (new)
4c. In duly justified cases where necessary to preserve the confidentiality of an ongoing or future criminal investigation, the Authority shall take into account any grounds raised by the EPPO, or the competent national judicial or law enforcement authority, against the opening or the continuation of an investigation, supervisory measures, the imposition of pecuniary sanctions or penalty payments by the Authority, or to the performance of certain acts pertaining to them.
Amendment 438 #
Proposal for a regulation
Article -7 (new)
Article -7 (new)
Amendment 478 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority shall publish the information collected pursuant to paragraph 2 points (a), (b), (g) and (h). A summary of non-confidential findings regarding the information collected pursuant to paragraph 2 point (c), (d), (e) and (f) shall be made available to obliged entities and to the public.
Amendment 484 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Competent authorities may share any additional information that they deem relevant to the prevention and countering of the use of the financial system for the purpose of money laundering or terrorist financing with the central database referred to in paragraph 1.
Amendment 486 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority may request supervisory authorities and other competent authorities to provide other information in addition to that referred to in paragraph 2this article, provided that they have legal access to the relevant information. The information shall be accurate, coherent, complete and timely. Before requesting information in accordance with this Article, and in order to avoid the duplication of reporting obligations, the Authority shall take account of any existing and relevant statistics produced and disseminated by other authorities. The supervisory authorities shall update any provided information.
Amendment 496 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Any supervisory authority or any non-AML authority may address to the Authority a reasoned request for information collected pursuant to paragraph 2this article that is relevant for its supervisory activities. The Authority shall assess those requests and provide the information requested by the supervisory authorities or non-AML authorities on a need-to-know basis and confidential basis and in a timely manner. The Authority shall inform the authority that has initially provided the requested information, of the identity of the requesting supervisory or other authority, the identity of an obliged entity concerned, the reason for the information request as well as whether the information has been provided to the requesting authority.
Amendment 498 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. The Authority shall make available to all supervisors consolidated information of obliged entities which may be relevant for supervisory purposes and to inform benchmarks in the risk assessment process.
Amendment 502 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Requests for information from obliged entities 1. The supervisory authorities and the Authority shall provide each other with all the necessary information regarding selected and non-selected obliged entities to carry out their respective duties. 2. Where information is not available or is not made available under paragraph 1, the Authority may request supervisory authorities to gather the necessary information or address a request directly to the relevant obliged entities or associations of obliged entities. The request shall be duly justified, include the legal basis of the request, specify what information is required and fix a reasonable time-limit within which the information is to be provided. Where the information is requested by the Authority directly from obliged entities, the supervisory authority shall receive a copy of the request. 3. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information. Upon a duly justified request, the Authority may decide to extend the deadline. The Authority may, pursuant to this Article, request any type of information that it requires to fulfil its legal mandate and to exercise its powers effectively. 4. The Authority may use confidential information received pursuant to this Article only for the purposes of carrying out the duties assigned to it by this Regulation and applicable Union law. 5. The Authority shall submit the draft regulatory technical standards to the Commission by [1 January 2025]. The Commission is empowered to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 38 of this Regulation.
Amendment 508 #
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article 11b Information sharing with FIUs Where, in the course of its supervisory activities carried out on the obliged entities by the Authority under Section 3, 4 and 5 of this Chapter, or otherwise, the Authority discovers facts that are clearly related to money laundering, to a predicate offence or to terrorist financing, it shall ensure that the information is made promptly available to the competent FIUs. In the case of facts having a cross- border relevance, the information, if it has elements of the offence of money laundering as set out in Article 3 of the Directive(EU) 2018/1673 of the European Parliament and of the Council1a, shall also be promptly communicated to Europol _________________ 1a 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)
Amendment 513 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. For the purposes of carrying out the tasks listed in Article 5(2), the Authority shall carry out a periodic assessment of the following obliged entities, based on criteria and following the process specified in paragraphs 2 to 6 of this Article and in Article 13: on credit institutions, financial and non-financial institutions and crypto- asset service providers referred to in paragraph 4 where they operate via establishments referred to in Article 2 (8) of [proposal for 6th Anti-Money Laundering Directive -COM/2021/423 final] or as a result of the freedom to provide services in at least four Member States, including the Member State of establishment.
Amendment 521 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 529 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 535 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Where, in a Member State no obliged entity meets the criteria referred to in the first paragraph, the periodic assessment shall be carried out based on the same criteria and following the same process on all credit institutions, other financial and non-financial institutions and crypto asset service providers referred to in paragraph 3 which are established in that Member State.
Amendment 548 #
Proposal for a regulation
Article 12 – paragraph 3 – point j
Article 12 – paragraph 3 – point j
(j) other financial and non-financial institutions.
Amendment 563 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customers, the presence and share of customers identified as Politically Exposed persons (‘PEPs’) and the presence and share of customers located in jurisdictions listed in the EU list of non-cooperative jurisdictions for tax purposes and jurisdictions identified and designated as referred to in Chapter III Section 2 of [please insert reference – proposal for Anti-Money Laundering Regulation];
Amendment 583 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. For the risk assessment as referred to in paragraph1 regarding crypto-asset service providers, The Authority shall define a separate set of benchmarks, where the indicators for risk profile may differ from those defined by paragraph 4. The benchmarks shall take into account the specificities of these providers, as well as the cross-border and pseudo- anonymised nature of crypto-assets.
Amendment 590 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Authority shall review the benchmarks and methodology at least every three years, as well as the adequate resources required to apply them. Where amendments are required, the Authority shall submit amended draft regulatory technical standards to the Commission.
Amendment 593 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The following obliged entities shall qualify as a selected obliged entity: For the first selection process, the 40 obliged entities assessed pursuant to Article 12 that have their highest inherent risk profile in at least two Member States shall qualify as a selected obliged entity. For the second selection process, the 45 obliged entities assessed pursuant to Article 12 that have their highest residual risk profile in at least two Member States shall qualify as a selected obliged entity. As of the third selection process, the number of obliged entities may be increased up to 10% for each selection process. To that end the Commission shall provide an impact assessment taking into account the budgetary impact of this increase.
Amendment 599 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 606 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 612 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The lists drawn up by the Authority should also take into consideration the criterion of geographical balance and ensure that at least one entity is selected from each Member State. Where in a Member State no obliged entity has been selected pursuant to paragraph 1, the obliged entity with the highest risk profile assessed pursuant to article 12 (2) shall qualify as a selected obliged entity.
Amendment 651 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In order to carry out the tasks conferred on it by this Regulation, the Authority may, subject to prior notification to the financial supervisor concerned, conduct all necessary on-site inspections at the business premises of the natural and legal persons referred to in Article 16. Where the proper conduct and efficiency of the inspection so require, the Authority may carry out the on-site inspection without prior announcement to those legal persons.
Amendment 653 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The staff of the Authority and other persons authorised by the Authority to conduct an on-site inspection may enter any business premises and land of the natural and legal persons subject to a decision on investigation adopted by the Authority and shall have all the powers provided in Article 20.
Amendment 655 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The natural and legal persons referred to in Article 16 shall be subject to on-site inspections on the basis of a decision of the Authority.
Amendment 663 #
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) the Authority has evidence that the selected obliged entity is likely to breach the requirements of Union acts and national legislation referred to Article 1(2) within the next 12 months;
Amendment 675 #
Proposal for a regulation
Article 20 – paragraph 2 – point i a (new)
Article 20 – paragraph 2 – point i a (new)
(ia) impose a temporary or definitive ban on any person performing managerial duties in a selected obliged entity, or any other natural person, held responsible for the breach, from performing managerial duties in the selected obliged entities.
Amendment 711 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Authority shall disclose to the public every administrative measure, administrative pecuniary sanction and periodic penalty payment that has been imposed on a selected obliged entity pursuant to Articles 20,21 and 22, unless such disclosure to the public would cause disproportionate damage to the parties involved. The publication shall include at least information on the type and nature of the breach.
Amendment 712 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. The disclosed information shall at least be available on the website of the Authority. The Authority shall transmit without delay, on a confidential basis, at least to the European Parliament all relevant information on administrative measures, administrative pecuniary sanctions and periodic penalty payments that has been imposed on a selected obliged entity pursuant to Articles 20, 21 and 22. Any personal data contained in the publication shall be deemed compatible with the relevant data protection framework.
Amendment 716 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Authority shall refer matters for criminal prosecution to the relevant national authorities where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. In such event, the information communicated to the relevant national authorities shall also be transmitted to Europol when two or more Member States are involved in the facts liable to constitute criminal offences. The Authority shall also transmit information to the European Public Prosecutor’s Office where such information concerns offences in respect of which the European Public Prosecutor’s Office exercises or is permitted to exercise competence in accordance with Council Regulation (EU) 2017/1939. In addition, the Authority shall refrain from imposing administrative pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.
Amendment 719 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, including the assessment of their tools and resources to ensure high level supervisory standards and practices. As part of each assessment the Authority shall assess the extent to which a financial supervisor monitors effectively, and takes the necessary steps to ensure, compliance by the obliged entities it supervises with applicable Union law. The assessments shall include a review of the application of the AML/CFT supervisory methodology developed pursuant to Article 8 and shall cover all financial supervisors in a single assessment cycle. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years. At the end of each assessment cycle, the Authority shall present its findings to the European Parliament and the Council.
Amendment 739 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Financial supervisors shall make every effort to comply with the specific follow-up measures addressed to them as a result of the assessment. Financial supervisors shall provide regular updates to the Authority on the type of measures they have implemented in response to the report. Supervisors shall document the steps taken in order to comply with the follow-up measures addressed to them. Each consecutive assessment shall reflect on the compliance of previously addressed follow-up measures.
Amendment 787 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. The Commission shall have one month from the date of receipt of the request from the Authority to adopt a decision whether to authorise the transfer of the relevant tasks and powers or to oppose it. The decision, adopted by the Commission after verifying that the requirements in paragraph 5 are met, shall be notified to the Authority, which shall immediately inform the financial supervisor and the non-selected obliged entity thereof. The decision shall also be communicated to the European Parliament and to the Council.
Amendment 805 #
Proposal for a regulation
Article 31 – paragraph 3 – point d a (new)
Article 31 – paragraph 3 – point d a (new)
(da) where relevant, the effectiveness and the degree of the tasks performed by the authority overseeing self-regulatory bodies as laid down in Article 38 of [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]
Amendment 812 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
7. For the purposes of this Article, the Executive Board shall adopt a peer review work plan every two years, which shall reflect the lessons learnt from the past peer review processes and discussions held in the General Board in supervisory composition. The peer review work plan shall constitute a separate part of the annual and multiannual working programme and shall be included in the Single Programming Document. The peer review work plan shall take into account geographical balance and shall aim to cover the majority of the Member States. In case of urgency or unforeseen events, the Authority may decide to carry out additional peer reviews.
Amendment 834 #
Proposal for a regulation
Article -33 (new)
Article -33 (new)
Article -33 Cooperation within the European System of FIUs 1. The Authority and FIUs shall constitute the European System of FIUs in order to prevent, detect and effectively combat money laundering and terrorist financing in the internal market. The FIUs and the Authority shall perform their tasks and carry out their activities in accordance with this Regulation and applicable Union law. 2. FIUs shall participate in, and contribute to, the activities of the European System of FIUs in accordance with this Regulation and applicable Union law. In particular: (a) the FIU shall be able to participate in joint analyses as an integral part of its tasks, as well as in other activities undertaken by the Authority pursuant to its mandate; (b) the FIU shall provide the Authority with the relevant data and information required to fulfil its tasks, as well as to implement the Authority´s indications in accordance with this Regulation and applicable Union law. All information obtained through the participation in the activities of the Authority shall be covered by the strictest confidentiality.
Amendment 835 #
Proposal for a regulation
Article -33 a (new)
Article -33 a (new)
Article -33a FIU Executive Secretariat 1. A permanent Executive Secretariat shall be set up to carry out the tasks entrusted to the EU Support and Coordination Mechanism, to perform necessary operational activities, to submit proposals and, where appropriate, prepare draft decisions, in the following tasks: (a) supervise, coordinate and, where necessary, direct joint analysis to be performed with the relevant FIUs pursuant to Article 33 and Article 5(5) points (a) to (d); (b) support cooperation among FIUs, pursuant to Articles 5(5)(a) and 36 and Article 24 [please insert a reference to the AMLD], in particular by developing best practices, methods and formats; (c) elaborate methods and procedures, and coordinate and facilitate the planning, organization and conduction of joint analyses, pursuant to Articles 5(5) (b), (c), (d), 33 and 34; (d) develop expert knowledge on detection analysis and dissemination methods, pursuant to Article 5(5)(f); (e) develop criteria for the identification of cross-border cases that FIUs are required to share, pursuant to Article 24 [please insert reference to the AMLD]; (f) prepare indicators, formats, contents for the detection and reporting of STRs pursuant to Article 50 [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and other disclosures received by FIUs; (g) follow the management, maintenance and update of FIU.net and the development of IT and artificial intelligence services and tools for secure information sharing, pursuant to Articles 5(5)(e) and 37; (h) follow the work of international and European fora on FIU-related matters. 2. The permanent Executive Secretariat shall also facilitate the implementation of the decisions taken by the Executive Board and General Board in FIU composition. 3. The permanent Executive Secretariat shall be composed of staff of the Authority. It shall have dedicated human, financial and IT resources. It shall operate independently and carry out its functions autonomously from the supervisory functions provided in Chapter II, Section 2 to 6 of this Regulation. 4. When performing its duties, the permanent Executive Secretariat shall closely cooperate with FIUs and the FIU Delegates.
Amendment 869 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Amendment 875 #
Proposal for a regulation
Chapter II – Section 6 a (new)
Chapter II – Section 6 a (new)
Amendment 898 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The General Board shall have, alternatively, the supervisory composition as laid down in paragraph 2 or, the FIU composition as laid down in paragraph 3 or the targeted financial sanctions composition laid down in paragraph 3a.
Amendment 902 #
Proposal for a regulation
Article 46 – paragraph 2 – point c a (new)
Article 46 – paragraph 2 – point c a (new)
(ca) one representative of the European Parliament, without the right to vote;
Amendment 904 #
Proposal for a regulation
Article 46 – paragraph 2 – point c b (new)
Article 46 – paragraph 2 – point c b (new)
(cb) where matters that fall under their respective mandates are discussed or decided upon, one representative of EBA, EIOPA or ESMA, without the right to vote.
Amendment 910 #
Proposal for a regulation
Article 46 – paragraph 3 – point c a (new)
Article 46 – paragraph 3 – point c a (new)
(ca) one representative of the European Parliament, without the right to vote;
Amendment 912 #
Proposal for a regulation
Article 46 – paragraph 3 – point c b (new)
Article 46 – paragraph 3 – point c b (new)
(cb) where matters that fall under their respective mandates are discussed or decided upon, one representative of Europol, Eurojust or EPPO, without the right to vote.
Amendment 914 #
Proposal for a regulation
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
Amendment 915 #
Proposal for a regulation
Article 46 – paragraph 3 b (new)
Article 46 – paragraph 3 b (new)
3b. The General Board in targeted financial sanctions composition shall perform the tasks and adopt the decisions pursuant to Section 6a of Chapter II.
Amendment 920 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
4. The General Board shall adopt the draft regulatory and implementing technical standards, opinions, recommendations, guidelines and decisions of the Authority referred to in Section 7 of Chapter II, in an appropriate composition, depending on the subject-matter of the instrument. Where a given instrument concerns both FIU and supervision-related matters, adoption shall be required by both compositions of the General Board independently. Where a given instrument concerns both authorities competent for targeted financial sanctions and supervision-related matters, adoption shall be required by both compositions of the General Board independently. The draft regulatory and implementing technical standards, opinions, recommendations, and guidelines shall be adopted based on a proposal of the relevant internal committee.
Amendment 953 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure, which shall respect the principle of gender balance, which shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of two qualified candidates for the position of the Chair of the Authority. The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair of the Authority.
Amendment 965 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Executive Director shall be selected on the grounds of merit and documented high-level administrative, budgetary and management skills, following an open selection procedure, which shall respect the principle of gender balance, which shall be published in the Official Journal of the European Union, and, as appropriate, other press or internet sites. The Commission shall draw up a shortlist of two qualified candidates for the position of the Executive Director. The Executive Board shall appoint the Executive Director after approval by the European Parliament.
Amendment 980 #
Proposal for a regulation
Article 64 – paragraph 2 a (new)
Article 64 – paragraph 2 a (new)
2a. The Authority’s budget shall be adequate to ensure sufficient staff and equipment in order to allow the achievement of its objectives and tasks set by this Regulation.
Amendment 981 #
Proposal for a regulation
Article 64 – paragraph 3 – point b
Article 64 – paragraph 3 – point b
(b) the fees paid by the selected and non-selected obliged entities in accordance with Article 65, for tasks mentioned in Article 5(1), points (b) and (c). and specified in a delegated act in accordance with Article 86;
Amendment 984 #
Proposal for a regulation
Article 64 – paragraph 3 – point c
Article 64 – paragraph 3 – point c
(c) any voluntary financial contribution from the Member States. including from the Member State where the Authority´s seat is located;
Amendment 985 #
Proposal for a regulation
Article 64 – paragraph 3 – point c a (new)
Article 64 – paragraph 3 – point c a (new)
(ca) agreed charges for publications, training and for any other services where they have been specifically requested by one or more obliged entities or competent authorities.
Amendment 990 #
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The Authority may levy fees on any obliged entity for other services provided.
Amendment 991 #
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
2. The amount of the fee levied on each obliged entity referred to in paragraph 1 and 1a shall be calculated in accordance with the arrangements established in the delegated act referred to in paragraph 6.
Amendment 995 #
Proposal for a regulation
Article 65 – paragraph 6 – introductory part
Article 65 – paragraph 6 – introductory part
6. The Commission is empowered to adopt a delegated act in accordance with Article 86 to supplement this Regulation by specifying the methodology for calculating the amount of the fee levied on each selected and non-selected obliged entity subject to fees in accordance with paragraph 1, and the procedure for collecting these fees. When developing the methodology for determining the individual amount of fees the Commission shall take into account the following:
Amendment 1014 #
Proposal for a regulation
Article 76 a (new)
Article 76 a (new)
Amendment 1034 #
Proposal for a regulation
Article 79 – paragraph 1 a (new)
Article 79 – paragraph 1 a (new)
1a. Where relevant for the fulfilment of its tasks, the Authority may also take the initiative for setting up cooperation agreements with selected obliged entities, as well as other obliged entities in the financial and non-financial sector. These cooperation arrangements may also provide for the participation of supervisory authorities, FIUs, Europol, data protection authorities at national and Union level, as well as, when appropriate of AML Compliance Entities. The Authority shall make sure that these arrangements are in full compliance with data protection rules.
Amendment 1054 #
Proposal for a regulation
Article 87 – paragraph 1 a (new)
Article 87 – paragraph 1 a (new)
1a. The decision on the location regarding the headquarters of the Authority shall take into account the equal geographic coverage of the decentralised agencies in the Union