Activities of Marco VALLI related to 2016/0208(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC PDF (1 MB) DOC (200 KB)
Amendments (30)
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point b – point v a (new)
Article 2 – paragraph 1 – point 3 – point b – point v a (new)
(-1) in point (b) of point (3) of Article 2(1), the following point (va) is added: (va ) tax planning;
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)
Article 1 – paragraph 1 – point 2 – point -a (new)
Directive 2015/849/EU
Article 3 – paragraph 6 – point a – point i
Article 3 – paragraph 6 – point a – point i
(-a) in point (6)(a)(i), the second subparagraph is replaced by the following: ‘(i) the natural person(s) who ultimately owns or controls a legal entity through direct or indirect ownership of a sufficient percentage of the shares or voting rights or ownership interest in that entity, including through bearer shareholdings, or through control via other means, other than a company listed on a regulated market that is subject to disclosure requirements consistent with Union law or subject to equivalent international standards which ensure adequate transparency of ownership information. A shareholding of 25 1% plus one share or an ownership interest of more than 25 1% in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 25 1% plus one share or an ownership interest of more than 25 1% in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person(s), shall be an indication of indirect ownership. This applies without prejudice to the right of Member States to decide that a lower percentage may be an indication of ownership or control. Control through other means may be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council (29);’ (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)Or. it
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2015/849/EU
Article 3 – paragraph 6 – point a – point i – subparagraph 2 a (new)
Article 3 – paragraph 6 – point a – point i – subparagraph 2 a (new)
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2015/849/EU
Article 3 – paragraph 6 a – point ii
Article 3 – paragraph 6 a – point ii
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a b (new)
Article 1 – paragraph 1 – point 2 – point a b (new)
Directive 2015/849
Article 3 – paragraph 6 a – point ii a (new)
Article 3 – paragraph 6 a – point ii a (new)
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(2a) In paragraph 2 of Article 9, the following point is added: (ca) measures for the adequate protection of whistle blowers who report information that is relevant to combating money laundering, tax abuses or the financing of terrorism and other illegal activities;
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 2 – point c
Article 18 a – paragraph 2 – point c
(c) limitsuspending business relationships or suspending or withholding consent to financial transactions with natural persons or legal entities from the identified country.
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 3
Article 18 a – paragraph 3
3. In addition to the measures provided in paragraph 1, Member States mayshall apply one of the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union:
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
(-a) Article 30(1) ‘Member States shall ensure that corporate and other legal entities incorporated or operating within their territory are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held.’ (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN), and to forward it to the central public register that operates in their territory.’ Or. it
Amendment 262 #
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 2015/849/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
(-aa) Article 30(4) ‘4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current.’ (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN) Member States shall also require the obliged entities to report any discrepancy found between the information held in the central register and the information on beneficial owners acquired in performance of the customer due diligence obligations.’ Or. it
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 5 – subparagraphs 2 and 3
Article 30 – paragraph 5 – subparagraphs 2 and 3
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2015/849/EU
Article 30 – paragraph 5 – point c
Article 30 – paragraph 5 – point c
(a) in paragraph 5, point (c) of the first subparagraph and the second subparagraph are deleted;is replaced by the following: (c) the public, in open data format.’
Amendment 269 #
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 2015/849/EU
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
Amendment 270 #
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 2015/849/EU
Article 30 – paragraph 5 – subparagraph 3
Article 30 – paragraph 5 – subparagraph 3
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1
Article 30 – paragraph 9 – subparagraph 1
In exceptional circumstances and under the conditions to be laid down in national law, where an in-depth and reasoned assessment shows that the access referred to in point (b) and point (c) of paragraph 5 would exposes the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, oin particular wheren the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption for a limited period of no more than a year from such access to all or part of the information on the beneficial ownership on a case-by-case basis. In the exceptional cases in which exemption is granted, the identity of the guardian/administrator/person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public. The exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner.
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Member States shall ensure that this Article applies to trusts, foundations and other types of entity or legal arrangements, whether existing or future, having a similar structure or functions similar to trustor aims, such as, inter alia, fiducie, Treuhand or fideicomiso.
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 2 – introductory part
Article 31 – paragraph 1 – subparagraph 2 – introductory part
Each Member State shall require that trustees of any express trust created, administered or operating in that Member State obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of:
Amendment 307 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2015/849/EU
Article 31 – paragraph 3 a
Article 31 – paragraph 3 a
3a. The information referred to in paragraph 1 shall be held in athe central register set up by the Member State where the trust is administered, foundation or other type of legal entity, whether existing or future, was created or established or is administered or where it operates.
Amendment 316 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1
Article 31 – paragraph 4 a – subparagraph 1
The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation that can demonstrate a legitimate interesshall be accessible to the public in an open data format.
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2
Article 31 – paragraph 4 a – subparagraph 2
The information accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and year of birthe public shall at least consist of the name, the date of birth, the nationality, the country of residence and the business address of the beneficial owner, as well as the nature and extent of the beneficial interest held, as defined in Article 3(6)(b). For the purposes of this paragraph, access to the information by the public must be fully in accordance with, the nationality and the country of residence of the beneficial owner as defined in Article 3(6)(b)relevant open data standards and data protection rules. Access shall not be further subject to online registration or other restrictions of any kind, including payment of fees or charges to cover administrative costs.
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 b
Article 31 – paragraph 4 b
4b. Whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable and report to the relevant authorities any discrepancy that they find between the beneficial ownership information held in the central register and the beneficial ownership information collected as part of their customer due diligence procedures.”;
Amendment 334 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2015/849/EU
Article 31 – paragraph 7 a
Article 31 – paragraph 7 a
In exceptional circumstances and under the conditions laid down in national law, where an in-depth and reasoned assessment shows that the access referred to in paragraphs 4 and 4a would exposes the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, oin particular wheren the beneficial owner is a minor or otherwise incapable, Member States may provide for a limited time of no more than a year for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. In the exceptional cases in which exemption is granted, the identity of the guardian/administrator/person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public. The exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner.
Amendment 346 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h
Article 1 – paragraph 1 – point 10 – point h
Directive 2015/849/EU
Article 31 – paragraph 10
Article 31 – paragraph 10
10. For the purposes of this Article, a trust is considered to be administered in each Member State where the trustees are established. , foundation or other legal entity with a similar structure and functions is considered to be administered, created or operating in each Member State in which it has been constituted in accordance with the legislation of the Member State, or in each Member State where it has a connection, in that, for example, the trustees, beneficial owners or other natural persons involved in management and control are established or reside, or where it possesses activities, real or moveable property, bank accounts, shares, voting rights or holdings.
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive 2015/849/EU
Article 59 – paragraph 1 – point a a (new)
Article 59 – paragraph 1 – point a a (new)
(21a) In paragraph 1 of Article 59, the following point is added: (aa) Articles 30 and 31 (transparency concerning beneficial ownership);
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)
Article 1 – paragraph 1 – point 21 b (new)
Directive 2015/849/EU
Article 59 – paragraph 2 – point e
Article 59 – paragraph 2 – point e
(e) maximum21b) In Article 59, paragraph 2(e) is replaced by the following: (e) administrative pecuniary sanctions of at least twicwhichever is the greater: triple the amount of the benefit derived from the breach where that benefit can be determined or at leastor EUR 12 000 000. (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)Or. it
Amendment 419 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 c (new)
Article 1 – paragraph 1 – point 21 c (new)
Directive 2015/849/EU
Article 59 – paragraph 3
Article 59 – paragraph 3
(21c) Article 59(3) is replaced by the following: ‘3. Member States shall ensure that, by way of derogation from paragraph 2(e), where the obliged entity concerned is a credit institution or financial institution, the following sanctions can also bare applied: (a) in the case of a legal person, maximum administrative pecuniary sanctions of at least whichever is the greater: EUR 510 000 000 or 10 % of the total annual turnover according to the latest available accounts approved by the management body; where the obliged entity is a parent undertaking or a subsidiary of a parent undertaking which is required to prepare consolidated financial accounts in accordance with Article 22 of Directive 2013/34/EU, the relevant total annual turnover shall be the total annual turnover or the corresponding type of income in accordance with the relevant accounting Directives according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking; (b) in the case of a natural person, maximum administrative pecuniary sanctions of at least EUR 510 000 000, or in the Member States whose currency is not the euro, the corresponding value in the national currency on 25 June 2015.’ (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)Or. it
Amendment 433 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2009/101/EC
Article 1 a – paragraph 1 – point a
Article 1 a – paragraph 1 – point a
(a) corporate and other legal entities referred to in Article 30 of Directive 2015/849 of the European Parliament and of the Council*, including the types of companies referred to in Article 1 of this Directive, save for those which are non profit-making;
Amendment 435 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2009/101/EC
Article 1 a – paragraph 1 – point b
Article 1 a – paragraph 1 – point b
(b) trusts which comprise any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit,, foundations and other types of legal arrangements having a structure or functions similar to such trusts.
Amendment 447 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 3
Article 7 b – paragraph 3
3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in open format, within the meaning of Directive 2013/37/EU amending Directive 2003/98/EC on the re-use of public sector information. Access to the interconnection system and the registers of each Member State shall not be subject to online registration or other restrictions of any kind, including fees or charges to cover administrative costs.
Amendment 451 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 4
Article 7 b – paragraph 4
4. In exceptional circumstances and under the conditions laid down in national law, where the access to the information set outan in-depth and reasoned assessment shows that the access referred to in paragraph 1 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, oin particular wheren the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from the compulsory disclosure of all or part of the information on the beneficial ownership on a case-by- case basis, for a limited time of no more than a year, on a case-by-case basis. In cases in which such exemption is granted, the identity of the guardian/administrator/person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public. The exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner.