Activities of Pascal DURAND related to 2016/0208(COD)
Legal basis opinions (0)
Amendments (11)
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)
Article 1 – paragraph 1 – point 2 – point -a (new)
Directive (EU) 2015/849
Article 3 – paragraph 1 – point 4 – point f a (new)
Article 3 – paragraph 1 – point 4 – point f a (new)
(-a) in point (4), the following point is added: “(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive.”
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive (EU) 2015/849
Article 7 – paragraph 2 – subparagraph 1 a (new)
Article 7 – paragraph 2 – subparagraph 1 a (new)
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive (EU) 2015/849
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(2b) in Article 9(2), the following point is added: “(ca) the existence of robust systems to ensure that information on beneficial ownership is available to competent authorities of the third country without impediment”.
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive (EU) 2015/849
Article 9 – paragraph 2 – point c b (new)
Article 9 – paragraph 2 – point c b (new)
(2c) in article 9(2), the following point is added: “(cb) the existence of a proper sanctions regime in case of breach of law”.
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/849
Article 14 – paragraph 5
Article 14 – paragraph 5
“5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU. Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) not later than... [one year after the date of entry into force of this Directive]”;
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/849
Article 18a – paragraph 1 – point a
Article 18a – paragraph 1 – point a
(a) obtaining additional information on the customer and on the beneficial owner;
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/849
Article 18a – paragraph 1 – point c
Article 18a – paragraph 1 – point c
(c) obtaining information on the source of funds or source of wealth of the customer and of the beneficial owner;
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive (EU) 2015/849
Article 26 – paragraph 2
Article 26 – paragraph 2
(7a) Article 26(2)is replaced by the following: “2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries. Member States may exempt branches and majority-owned subsidiaries of obliged entities established in the Union from that prohibition where those branches and majority-owned subsidiaries fully comply with the group-wide policies and procedures in accordance with Article 45”.
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive (EU) 2015/849
Article 30 – paragraph 1 – subparagraph 2 a (new)
Article 30 – paragraph 1 – subparagraph 2 a (new)
(-a) in paragraph 1, the following subparagraph is added: “Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person”.
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive (EU) 2015/849
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
(aa) the following paragraph is inserted: “5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the administrative costs”.
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive (EU) 2015/849
Article 32 b (new)
Article 32 b (new)