7 Amendments of Cora van NIEUWENHUIZEN related to 2016/0208(COD)
Amendment 66 #
Proposal for a directive
Recital 10
Recital 10
(10) Given the evolving nature of ML/TF threats and vulnerabilities, the Union should adopt an integrated approach on the compliance of national AML/CFT regimes with the requirements at Union level, by taking into consideration an effectiveness assessment of those national regimes. For the purpose of monitoring the correct transposition of the Union requirements in the national regimes, their effective implementation and their capacity to accomplish a strong preventive regime in the field, the Commission should base its assessment on the national risk regimes, which shall be without be without prejudice to those conducted by international organisations and standards setters with competence in the field of preventing money laundering and combating terrorist financing, such as the FATF or Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL). There should be sufficient flexibility for the Member States in the transposition process of this Directive, especially if there is a connection with criminal law and investigation issues for which the Member States themselves are primarily responsible. Furthermore, differences between the FATF recommendations and EU legislation should be avoided with regard to the necessity of a global level playing field.
Amendment 86 #
Proposal for a directive
Recital 17
Recital 17
(17) Accurate identification and verification of data of natural and legal persons is essential for fighting money laundering or terrorist financing. Latest technical developments in the digitalisation of transactions and payments enable a secure remote or electronic identification. Those means of identification as set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council27 or alternative remote identification techniques subject to the approval of the competent authorities, should be taken into account, in particular with regard to notified electronic identification schemes and means that offer high level secure tools and provide a benchmark against which assessing the identification methods set up at national level may be checked. Therefore, it is essential to recognise secure electronic copies of original documents as well as electronic assertions, attestations or credentials as valid means of identity. The principle of technology neutrality should be taken into account in the application of this Directive. __________________ 27 Regulation (EU) No 910/2014 of the European Parliament and the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2015/849/EU
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2015/849/EU
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall ensure that obliged entities to which the customer is referred take adequate steps to ensure that the third party provides immediately, upon request, relevant copies of identification and verification data, including, where available, data obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, and other relevant documentation on the identity of the customer or the beneficial owner.;
Amendment 382 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Directive 2015/849/EU
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) in the case of customer due diligence, a copy of the documents and information which are necessary to comply with the customer due diligence requirements laid down in Chapter II, including, where available, information obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, for a period of five years after the end of the business relationship with their customer or after the date of an occasional transaction;
Amendment 383 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Directive 2015/849/EU
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) the supporting evidence and records of transactions, consisting of the original documents or copies admissible in judicial proceedings under the applicable national law, including, where available, information obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, which are necessary to identify transactions, for a period of five years after the end of a business relationship with their customer or after the date of an occasional transaction.;
Amendment 430 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2015/849/EU
Annex III – point 2 – point c
Annex III – point 2 – point c
(c) non-face-to-face business relationships or transactions, without certain safeguards, such as electronic identification means or relevant trust services as defined in Regulation (EU) 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities;