BETA

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)
Directive (EU) 2015/849
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.”
2016/12/14
Committee: JURI
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive (EU) 2015/849
Article 7 – paragraph 2 – subparagraph 1 a (new)
(2a) in Article 7(2), the following subparagraph is added: “If a Member State confers the competence assigned to the authority referred to in the first subparagraph to other authorities, in particular those at regional or local level, efficient and effective coordination shall be ensured between all the authorities involved. If more than one unit within an authority to which the competence is conferred is in charge the tasks referred to in the first subparagraph, efficient and effective coordination and cooperation shall be ensured between the different units”.
2016/12/14
Committee: JURI
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive (EU) 2015/849
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”.
2016/12/14
Committee: JURI
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Directive (EU) 2015/849
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”.
2016/12/14
Committee: JURI
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/849
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]”;
2016/12/14
Committee: JURI
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/849
Article 18a – paragraph 1 – point a
(a) obtaining additional information on the customer and on the beneficial owner;
2016/12/14
Committee: JURI
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/849
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;
2016/12/14
Committee: JURI
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive (EU) 2015/849
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.
2016/12/14
Committee: JURI
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive (EU) 2015/849
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”.
2016/12/14
Committee: JURI
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive (EU) 2015/849
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”.
2016/12/14
Committee: JURI
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive (EU) 2015/849
Article 32 b (new)
(12a) the following Article is inserted: “Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1) (a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; - for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; - for the land: location, parcel number, land category (current state of land), parcel area (area of land); - for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1 building on the European Land Information Service (EULIS)”.
2016/12/14
Committee: JURI