BETA

51 Amendments of Jonás FERNÁNDEZ related to 2021/0240(COD)

Amendment 395 #
Proposal for a regulation
Article 5 – paragraph 3 – point g a (new)
(ga) settle disagreements on cross border situations on the measures to be taken by supervisory authorities in relation to an obliged entity;
2022/07/05
Committee: ECONLIBE
Amendment 404 #
Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)
(da) facilitate the functioning of colleges of supervisors of the non- financial sector in the area of AML/CFT, including the use of its common instruments to provide guidance;
2022/07/05
Committee: ECONLIBE
Amendment 417 #
Proposal for a regulation
Article 5 – paragraph 5 – point i a (new)
(ia) coordinate peer reviews of the fulfilment by FIUs of the requirements laid down in Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive]
2022/07/05
Committee: ECONLIBE
Amendment 424 #
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
(ca) to settle, with a binding effect, disagreements between supervisory authorities in cross-border situations, including within AML colleges of supervisors.
2022/07/05
Committee: ECONLIBE
Amendment 509 #
Proposal for a regulation
Article 11 c (new)
Article 11c Information requested to supervisory authorities 1. Supervisory authorities and the Authority shall provide each other with all the necessary information to carry out their respective tasks regarding selected and non-selected obliged entities. The Authority may, in particular, request any type of information that it requires to fulfil its mandate and to exercise its powers effectively. 2. Where information is not available, the Authority may request supervisory authorities to gather the relevant information. 3. Where information requested under paragraph 1 or 2 is not made available by supervisory authorities in a timely manner, the Authority may address a request directly to the obliged entities. The supervisory authority shall be informed of the request.4. 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 to the Authority, the addressees may ask for a single extension of the deadline.5. The Authority shall develop draft regulatory technical standards setting out the modalities with regard to information requests addressed to obliged entities as provided in this Article and in Article 16.6. 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.
2022/07/05
Committee: ECONLIBE
Amendment 512 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. For the purposes of carrying out the tasks listed in Article 5(2), the Authority shall, in cooperation with supervisory authorities, carry out a periodic assessment of the following obliged entities listed in paragraph 3, based on criteria and following the process specified in paragraphs 2 to 6 of this Article and in Article 13:, where they operate in at least three Member States, including the Member State of establishment, where applicable, via establishments referred to in Article 2(8) of [proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] or by means of direct provision of services or through any other natural person or legal person which act on their behalf.
2022/07/05
Committee: ECONLIBE
Amendment 519 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) credit institutions that are established in at least seven Member States, including the Member State of establishment and the Member States where they are operating via subsidiaries or branches;deleted
2022/07/05
Committee: ECONLIBE
Amendment 531 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) other financial institutions that operate in at least ten Member States, including the Member State of establishment, another Member State where they are operating via a subsidiary or a branch, and all other Member States where they are operating by means of direct provision of services or via a network of representative agents.deleted
2022/07/05
Committee: ECONLIBE
Amendment 536 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. The Authority shall keep the relevant prudential supervisory authorities informed of the assessments mentioned in the previous paragraph when the obliged entities are within their supervisory remits.
2022/07/05
Committee: ECONLIBE
Amendment 540 #
Proposal for a regulation
Article 12 – paragraph 2
2. The inherent risk profile of the assessed obliged entities referred to in paragraph 1, point (a) or (b) shall be classified as low, medium, substantial or high in each jurisdiction they operate in, based on the benchmarks and following the methodology set out in the regulatory technical standard referred to in paragraph 5.
2022/07/05
Committee: ECONLIBE
Amendment 547 #
Proposal for a regulation
Article 12 – paragraph 3 – point i a (new)
(ia) crypto-asset service providers;
2022/07/05
Committee: ECONLIBE
Amendment 557 #
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
4. For each category of obliged entities referred to in paragraph 43, the benchmarks in the assessment methodology shall be based on the risk factor categories related to customer, products, services, transactions, delivery channels and geographical areas. The benchmarks shall be established for at least the following indicators of inherent risk in any Member State they operate in:
2022/07/05
Committee: ECONLIBE
Amendment 562 #
Proposal for a regulation
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’), or resident 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], or high net worth individuals as referred to in Article 36a of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]; ;
2022/07/05
Committee: ECONLIBE
Amendment 571 #
Proposal for a regulation
Article 12 – paragraph 4 – point b – point iii a (new)
(iiia) volume of products or transactions that favour anonymity, including anonymity-enhanced cryptocurrency (AEC) or privacy coins;
2022/07/05
Committee: ECONLIBE
Amendment 572 #
Proposal for a regulation
Article 12 – paragraph 4 – point b – point iii b (new)
(iiib) significance of anonymising services and tools, including privacy wallets, mixers and tumblers as well as Internet Protocol (IP) anonymisers and other anonymising softwares.
2022/07/05
Committee: ECONLIBE
Amendment 575 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point i
(i) the annual volume of correspondent banking or crypto-asset services provided by Union financial sector entities in third countries;
2022/07/05
Committee: ECONLIBE
Amendment 578 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii
(ii) the number and share of correspondent banking crypto-asset clients from third countries with structural weaknesses in their AML systems identified by global standard setting bodies or with little to no regulation regarding crypto-assets;
2022/07/05
Committee: ECONLIBE
Amendment 579 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii a (new)
(iia) the number and share of correspondent banking or crypto-asset clients from third countries identified as having significant levels of corruption or other criminal activity or as being providers of financial secrecy by credible sources or acknowledged processes;
2022/07/05
Committee: ECONLIBE
Amendment 580 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point iii
(iii) the volume of activity of virtualcrypto- assets service providers registered or licensed in third countries and operating as financial institutions in the Union.
2022/07/05
Committee: ECONLIBE
Amendment 587 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
5. The Authority shall develop draft regulatory technical standards setting out the methodology with the benchmarks referred to in paragraph 4 for classifying the inherent risk profile of any cross-border credit or financial institution or crypto- asset service provider in each Member State it operates in as low, medium, substantial or high.
2022/07/05
Committee: ECONLIBE
Amendment 595 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. The followingAll obliged entities shallassessed pursuant to Article 12 that are considered to have a high inherent risk profile in at least two Member States shall be eligible to qualify as a selected obliged entity:.
2022/07/05
Committee: ECONLIBE
Amendment 597 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) each credit institution assessed pursuant to Article 12 that has a high inherent risk profile in at least four Member States and that has been under supervisory or other public investigation for material breaches of the acts referred to in Article 1(2) in at least one of those Member States in the previous three years;deleted
2022/07/05
Committee: ECONLIBE
Amendment 605 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) each financial institution assessed pursuant to Article 12 that has a high inherent risk in at least one Member States where it is established or operates via a subsidiary or a branch, and at least five other Member States where it operates via direct provision of services or via a network of representative agents.deleted
2022/07/05
Committee: ECONLIBE
Amendment 611 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. In order to ensure geographical balance of the Authority's exercise of direct supervision, in Member States where the application of the criteria mentioned in paragraph 1 does not result in the selection of an obliged entity, the credit or financial institution or crypto- asset service provider whose inherent risk profile qualifies as high pursuant to the methodology referred to in Article 12 (5) shall qualify as a selected obliged entity.
2022/07/05
Committee: ECONLIBE
Amendment 613 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
1b. following the application of the criteria laid down in paragraph 1a, where multiple obliged entities have a high inherent risk profile in that Member State, the selected obliged entity shall be the one with the highest share of non-resident customers.
2022/07/05
Committee: ECONLIBE
Amendment 614 #
Proposal for a regulation
Article 13 – paragraph 1 c (new)
1c. The application of the criteria laid down in paragraph 1 shall be subject to a ceiling of 40 credit institutions or financial institutions or crypto-asset service providers. Where the application of the criteria laid down in paragraph 1 leads to a number of selected obliged entities which would exceed this ceiling, credit institutions or financial institutions or crypto-asset service providers with highest share of non-resident customers in Member States where risk is deemed high shall qualify as selected obliged entities.
2022/07/05
Committee: ECONLIBE
Amendment 746 #
Proposal for a regulation
Article 29 – paragraph 1 – point f a (new)
(fa) mediate and resolve conflicts between participating financial supervisors through legal binding mediation powers;
2022/06/29
Committee: ECONLIBE
Amendment 749 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. The Authority shall have a legally binding mediation role to resolve disputes between competent authorities in accordance with the procedure set out in Article 29a. The Authority may take supervisory decisions directly applicable to the institution concerned in accordance with Article 29a.
2022/06/29
Committee: ECONLIBE
Amendment 752 #
Article 29a Binding mediation in the event of disagreements 1. In the specified cases laid down in Directive [please insert reference to the 6th Anti-money Laundering Directive] and without prejudice to the powers laid down in section III, the Authority may assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 of this Article in either of the following circumstances: (a) at the request of one or more of the competent authorities concerned where a competent authority disagrees with the procedure or content of an action, proposed action, or inactivity of another competent authority; (b) on its own initiative, where on the basis of objective reasons, disagreement can be determined between competent authorities. In cases where Union law requires a joint decision to be taken by competent authorities and where, in accordance with those acts, the Authority may assist, on its own initiative, in reaching an agreement in accordance with the procedure set out in paragraphs 2, 3 and 4 of this Article, the competent authorities concerned, a disagreement shall be presumed in the absence of a joint decision being taken by those authorities within the time limits set out in those acts. 2. The competent authorities concerned shall notify the Authority without undue delay that an agreement has not been reached in the following cases: (a) where a time limit for reaching an agreement between competent authorities has been provided for in Union law, and either of the following occurs: (i) the time limit has expired; or (ii) at least two competent authorities concerned conclude that a disagreement exists, on the basis of objective reasons; (b) where no time limit for reaching an agreement between competent authorities has been provided for in the legislative acts referred to in Article 1(2), and either of the following occurs: (i) at least two competent authorities concerned conclude that a disagreement exists on the basis of objective reasons; or (ii) two months have elapsed from the date of receipt by a competent authority of a request from another competent authority to take certain action in order to comply with those acts and the requested authority has not adopted a decision that satisfies the request. 3. The Executive Board shall assess whether the Authority should act in accordance with paragraph 1. Where the intervention is on the Authority’s own initiative, the Authority shall notify the competent authorities concerned of its decision regarding the intervention. Pending the Authority’s decision, in cases where Union law requires a joint decision to be taken, all competent authorities involved in the joint decision shall defer their individual decisions. Where the Authority decides to act, all the competent authorities involved in the joint decision shall defer their decisions until the procedure set out in paragraphs 4 and 5 is concluded. 4. The Authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in Union law and the complexity and urgency of the matter. At that stage the Authority shall act as a mediator. 5. Where the competent authorities concerned fail to reach an agreement within the conciliation phase referred to in paragraph 4, the Authority may take a decision requiring those authorities to take specification, or to refrain from certain action, in order to settle the matter, and to ensure compliance with Union law. The decision of the Authority shall be binding on the competent authorities concerned. The Authority’s decision may require competent authorities to revoke or amend a decision that they have adopted or to make use of the powers which they have under the relevant Union law. The Authority shall notify the competent authorities concerned of the conclusion of the procedures under paragraphs 4 and 5 together with, where applicable, its decision taken under paragraph 5. 6. Without prejudice to the powers of the Commission pursuant to Article 258 TFEU, where a competent authority does not comply with the decision of the Authority, and thereby fails to ensure that a financial institution or, in the context of matters relating to the prevention and countering of money laundering or of terrorist financing, a financial sector operator complies with requirements directly applicable to it by virtue of the relevant Union law, the Authority may adopt an individual decision addressed to that financial institution or financial sector operator requiring it to take necessary action to comply with its obligations under Union law, including the cessation of any practice. The Authority may also adopt a decision in accordance with the first subparagraph of this paragraph where the relevant requirements of the relevant Union law are not directly applicable to financial sector operators. To that effect, the Authority shall apply relevant Union law, and where such Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised. 7. Decisions adopted under paragraph 6 shall prevail over any previous decision adopted by the competent authorities on the same matter. Any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 5 or 6 shall be compatible with those decisions. 8. The Chair of the Authority shall set out the nature and type of disagreements between competent authorities, the agreements reached and the decisions taken to settle such disagreements in the annual report of the Authority.
2022/06/29
Committee: ECONLIBE
Amendment 754 #
Proposal for a regulation
Article 29 b (new)
Article 29b Requests to step-in by a financial supervisor 1. A financial supervisor may request the Authority to assume the direct supervision of non-selected obliged entities, including all relevant tasks and powers to that effect. 2. The financial supervisor's request shall: (a) identify the non-selected obliged entity which, in the view of the financial supervisor, should be under direct supervision of the Authority; (b) describe the reasoning for its request, including a justification to why the Authority’s direct supervision of the non-selected obliged entity is of added- value; (c) indicate a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers. 3. The financial supervisor’s request shall be accompanied by a report indicating the supervisory history and risk profile of the relevant non-selected obliged entity. 4. The Authority shall duly consider the request and consult with the financial supervisor concerned prior to the Executive Board’s final decision as to whether the transfer of competences is justified. 5. If the Authority disagrees with the financial supervisor’s request, it shall notify the latter about its decision, including a written justification that addresses the reasoning provided in accordance with paragraph 2, point (b). 6. If the Authority agrees with the financial supervisor’s request, it shall notify the latter about its decision, and the Commission about the transfer of relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non-selected obliged entity from the financial supervisor concerned to the Authority. 7. The request from the Authority to the Commission pursuant to paragraph 5 shall: (a) identify the obliged entity which, in the view of the supervisory authority, should be under direct supervision of the Authority; (b) describe the reasoning of the supervisory authority’s initial request and the measures that the Authority intends to take in relation to the non-selected obliged entity upon the transfer of the relevant tasks and powers, (c) indicate a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers; 8. On the tenth working day after the Authority's notification to the Commission regarding the transfer of tasks and powers, the non-selected obliged entity referred to in paragraph 2, point (a) of this Article shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. Upon the expiry of the time-limit, said tasks and powers which they shall be automatically transferred back to the financial supervisor concerned.
2022/06/29
Committee: ECONLIBE
Amendment 757 #
Proposal for a regulation
Article 30 – title
Requests to actActions by the Authority in exceptional circumstances
2022/06/29
Committee: ECONLIBE
Amendment 758 #
Proposal for a regulation
Article 30 – paragraph 1
1. Financial supervisors shall notify the Authority where the situation of any non-selected obliged entity with regard to its compliance with applicable requirements and its exposure to money laundering and terrorism financing risks deteriorates rapidly andor significantly, especially where such deterioration could lead to significant harm to the integrity of the financial system or to the reputation of the Member State where that entity operates, several Member States or of the Union as a whole.
2022/06/29
Committee: ECONLIBE
Amendment 761 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
2. TFollowing the notification process laid down in paragraph 1, or specific adverse events or developments brought to the attention of the Authority, in particular through the notification mechanism of possible or actual breaches under Article 76, the Authority may, where it has indications of materipossible or actual breaches by a non- selected obliged entity, request its financial supervisor to:
2022/06/29
Committee: ECONLIBE
Amendment 769 #
Proposal for a regulation
Article 30 – paragraph 4
4. Where the financial supervisor concerned does not comply with the request referred to in paragraph 2 and does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority may requestshall notify the Commission to grant permission toabout the transfer theof relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non- selected obliged entity from the financial supervisor concerned to the Authority.
2022/06/29
Committee: ECONLIBE
Amendment 770 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
4a. In order to ensure that the Authority's decision is based on clear criteria and not on a discretionary basis, the Authority shall develop draft regulatory technical standards setting out the benchmarks that must be fulfilled in order to enable the transfer of powers mentioned in this article.
2022/06/29
Committee: ECONLIBE
Amendment 771 #
Proposal for a regulation
Article 30 – paragraph 4 b (new)
4b. 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.
2022/06/29
Committee: ECONLIBE
Amendment 774 #
Proposal for a regulation
Article 30 – paragraph 5 – introductory part
5. The requestnotification from the Authority, pursuant to paragraph 4, shall contain:
2022/06/29
Committee: ECONLIBE
Amendment 775 #
Proposal for a regulation
Article 30 – paragraph 5 – point a
(a) a description of the materipotential or actual breaches of the directly applicable requirements by an identified non-selected obliged entity and a justification that such breaches fall within the scope of competence of the Authority, pursuant to paragraph 2, and that the criteria set for the Authority to act in exceptional circumstances, as defined in the respective regulatory technical standards, are fulfilled;
2022/06/29
Committee: ECONLIBE
Amendment 778 #
Proposal for a regulation
Article 30 – paragraph 5 – point c
(c) a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers;
2022/06/29
Committee: ECONLIBE
Amendment 779 #
Proposal for a regulation
Article 30 – paragraph 5 a (new)
5a. On the tenth working day after the Authority's notification to the Commission regarding the transfer of tasks and powers, the non-selected obliged entity referred to in paragraph 2 shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. Upon the expiry of the time-limit, said tasks and powers which they shall be automatically transferred back to the financial supervisor concerned.
2022/06/29
Committee: ECONLIBE
Amendment 780 #
Proposal for a regulation
Article 30 – paragraph 5 b (new)
5b. Without prejudice to the powers of the Commission pursuant to Article 258 TFEU, where the financial supervisor concerned does not comply with the request referred to in paragraph 2 and, due to the exceptional urgency of the matter, the Authority does not deem appropriate to request to transfer the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non-selected obliged entity from the financial supervisor concerned to the Authority, the Authority may adopt an individual decision addressed to a non-selected obliged entity requiring the necessary action to comply with its obligations under Regulation [the please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or Directive [ please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], including the cessation of any practice. To that effect, the Authority shall apply all relevant Union law, and, where that Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised.
2022/06/29
Committee: ECONLIBE
Amendment 781 #
Proposal for a regulation
Article 30 – paragraph 5 c (new)
5c. Decisions adopted under paragraph 8 shall prevail over any previous decision adopted by the competent authorities on the same matter. Measures taken by the Authority under paragraph 8 do not preclude the Authority from launching the procedure for transfer of relevant tasks and powers under Article 30a.
2022/06/29
Committee: ECONLIBE
Amendment 782 #
Proposal for a regulation
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 shall be notified to the Authority, which shall immediately inform the financial supervisor and the non-selected obliged entity thereof.deleted
2022/06/29
Committee: ECONLIBE
Amendment 790 #
Proposal for a regulation
Article 30 – paragraph 7
7. On the tenth working day after the notification of the decision authorising the transfer of tasks and powers in relation to the non-selected obliged entity, the non-selected obliged entity referred to in paragraph 2 shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. The Commission decision shall set a time-limit for the exercise of these tasks and powers, upon the expiry of which they shall be automatically transferred back to the financial supervisor concerned.deleted
2022/06/29
Committee: ECONLIBE
Amendment 793 #
Proposal for a regulation
Article 30 b (new)
Article 30b Requests of direct information to non- selected obliged entities 1. The supervisory authorities shall provide the Authority with all necessary information regarding selected and non- selected obliged entities in order for the Authority to carry out its duties, provided that the supervisory authorities have legal access to the relevant information. 2. Where information is not available or is not made available under paragraph 1 in a timely manner, the Authority may 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 the information required and fix a reasonable time limit within which the information is to be provided. The national authority shall receive a copy of the request. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information, provided they have legal access to the relevant information. Upon a duly justified request to the Authority, the addressees may ask for a single extension of the deadline. 3. The use of confidential information and the modalities with regard to information requests pursuant of Article 30 shall be governed by the provisions set out in Article 16(4) and Article 16(5).
2022/06/29
Committee: ECONLIBE
Amendment 860 #
Proposal for a regulation
Article 36 a (new)
Article 36a Peer reviews of FIUs 1. The Authority shall periodically conduct peer reviews of the fulfilment by FIUs of requirements laid down in Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] 2. The Authority shall develop methods to allow for an objective assessment and comparison between the FIUs reviewed. 3. The peer reviews under this Article shall be carried out by the staff of the Authority in cooperation with the relevant staff of the FIUs. 4. The peer review shall include an assessment of, but shall not be limited to: (a) the adequacy of powers and financial, human and technical resources, the degree of independence, the governance arrangements and professional standards of FIUs to ensure the effective application of Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]; (b) the effectiveness and the degree to which FIUs have direct and timely access to information as required by Article 18 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]; (c) the degree and extent to which suspicious transaction reports by obliged entities are duly followed-up on and investigated; (d) the degree and extent to which FIUs exchange information, respond to requests and cooperate with other FIUs in a timely and efficient manner, including through joint analysis requests; (e) the degree and extent to which feedback provided by FIUs to obliged entities is meaningful and useful to help obliged entities report suspicious transactions and focus customer due diligence on a risk-sensitive basis (f) the application of best practices developed by FIUs whose adoption might be of benefit for other FIUs; 4. The Authority shall produce a report setting out the results of the peer review. That peer review report shall be prepared by the staff of the Authority, in cooperation with the relevant staff of the FIUs, and adopted by the Executive Board, which shall share it in a timely manner with the FIU under review. The report shall explain and indicate the follow-up measures that are deemed appropriate, proportionate and necessary as a result of the peer review. The FIUs shall make every effort to comply with any guidelines and recommendations issued, in accordance with Article 43. 5. The Authority shall publish a summary of the findings of the peer review on its website. 6. The Authority shall provide a follow-up report two years after the publication of the peer review report. The follow-up report shall be prepared by the staff of the Authority, in cooperation with the relevant staff of the FIUs, and adopted by the Executive Board, which shall share it in a timely manner with the FIU under review. The follow-up report shall include an assessment of the adequacy and effectiveness of the actions undertaken by the FIU that were subject to the peer review in response to the follow-up measures of the peer review report. The Authority shall share it in a timely manner with the FIU under review and then publish the findings of the follow-up report on its website. 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 FIU 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. In case of urgency or unforeseen events, the Authority may decide to carry out additional peer reviews.
2022/06/29
Committee: ECONLIBE
Amendment 867 #
Proposal for a regulation
Article 37 – paragraph 5 a (new)
5a. The Executive Board may suspend access to FIU.net for a specific FIU where the report of the peer review in accordance with Article 36a concludes that requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU, as set out in Article 17 of the [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], have not been fulfilled.
2022/06/29
Committee: ECONLIBE
Amendment 951 #
Proposal for a regulation
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, integrity, 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 be published in the Official Journal of the European Union. The Commission shall draw up gender- balanced a shortlist of two qualified candidates for the position of the Chair of the Authority. T and submit it to the Council, after approval by the European Parliament, shall adopt an implementingnd to the European Parliament. The European Parliament may invite the selected candidates to in camera or public hearings, submit written questions to the candidates and designate its preferred candidate.. The Council under an agreement with the European Parliament, shall adopt a decision to appoint the Chair of the Authority.
2022/06/29
Committee: ECONLIBE
Amendment 964 #
Proposal for a regulation
Article 58 – paragraph 4
4. The Executive Director shall be selected on the grounds of integrity, merit and documented high-level administrative, budgetary and management skills, following an open selection procedure 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 gender- balanced shortlist of two qualified candidates for the position of the Executive Director and submit it to the European Parliament. The European Parliament may conduct in camera or public hearings with the candidates, submit written questions, and communicate its preferred candidate to the Executive Board. The Executive Board shall appoint the Executive Director.
2022/06/29
Committee: ECONLIBE
Amendment 1009 #
Proposal for a regulation
Article 72 – paragraph 4 a (new)
4a. Upon request, the Chair shall hold confidential oral discussions behind closed doors with Members of the competent committee of the European Parliament where such discussions are required for the exercise of the European Parliament's powers under the TFEU. An agreement shall be concluded between the European Parliament and the Authority on the detailed modalities of organising such discussions, with a view to ensuring full confidentiality in accordance with the requirements of professional secrecy imposed by this Regulation.
2022/06/29
Committee: ECONLIBE
Amendment 1013 #
Proposal for a regulation
Article 76 a (new)
Article 76a Protection of whistleblowers 1. The Authority shall put in place effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Regulation, Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420final] and Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive -COM/2021/423 final].For that purpose, the Authority shall provide secure communication channels for the reporting referred to in the first subparagraph. Such channels shall ensure that the identity of persons providing information is known only to the Authority. The mechanisms referred to in the first subparagraph of this paragraph shall include at least: (a) specific procedures for the receipt of reports on breaches and their follow- up; (b) appropriate protection for employees or persons in a comparable position, of obliged entities who report breaches committed within the obliged entity; (c) appropriate protection for the accused person; (d) protection of personal data concerning both the person who reports the breaches and the natural person who is allegedly responsible for a breach, in compliance with the principles laid down in Regulation (EU)2016/679; (e) clear rules that ensure that confidentiality is guaranteed in all cases in relation to the person who reports the breaches committed within the obliged entity, unless disclosure is required by national law in the context of further investigations or subsequent judicial proceedings. 2. The Authority shall ensure that individuals, including employees and representatives of the obliged entity and financial supervisors, who report to the Authority actual or potential breaches of in accordance with the first subparagraph, are legally protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council. 3. The Authority shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting to the Authority actual or potential breaches in accordance with this first subparagraph are entitled to present a complaint to the Authority in a safe manner. The Authority shall also ensure that such individuals have the right to an effective remedy to safeguard their rights under this paragraph. 4. Where the Authority deems that the submitted information contains evidence or significant indications of a material breach, it shall provide feedback to the reporting person.
2022/06/29
Committee: ECONLIBE