17 Amendments of Tom VANDENDRIESSCHE related to 2021/0250(COD)
Amendment 227 #
Proposal for a directive
Recital 4
Recital 4
(4) This new instrument is part of a comprehensive package aiming at strengthening the Union’s AML/CFT framework. Together, this instrument, Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847 - COM/2021/422 final] and Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final] will form the legal framework governing the AML/CFT requirements to be met by obliged entities and underpinning the Union’s AML/CFT institutional framework, including the establishment of an Authority for anti- money laundering and countering the fina widening of the remit of the existing European Banking Authority (‘EBA’), an independent EU body that aims to ensure an effective and consistent level of prudential regulation and supervision across the European bancking of terrorism (‘AMLA’)sector.
Amendment 229 #
Proposal for a directive
Recital 6
Recital 6
(6) Specific money laundering and terrorist financing threats, risks and vulnerabilities affecting certain economic sectors at national level diminish in distinct manners Member States ability to contribute to the integrity and soundness of the Union financial system. As such, it is appropriate to allow Member States, upon identification of such sectors and specific risks to decide to apply AML/CFT requirements to additional sectors than those covered by Regulation [please insert reference – proposal for Anti-Money Laundering Regulation]. With a view to preserving the effectiveness of the internal market and the Union AML/CFT system, the Commission should be able, with the support of AMLA,EBA, as an independent authority, should be able to assess whether the intended decisions of the Member States to apply AML/CFT requirements to additional sectors are justified. In cases where the best interests of the Union would be achieved at Union level as regards specific sectors, the Commission should inform that Member State that it intends to take action at Union level instead and the Member State should abstain from taking the intended national measures.
Amendment 236 #
Proposal for a directive
Recital 10
Recital 10
(10) The CommissionABE is well placed to review specific cross-border threats that could affect the internal market and that cannot be identified and effectively combatted by individual Member States. It should therefore be entrusted with the responsibility for coordinating the assessment of risks relating to cross-border activities. Involvement of the relevant experts, such as the Expert Group on Money Laundering and Terrorist Financing and the representatives from the FIUs, as well as, where appropriate, from other Union-level bodies, is essential for the effectiveness of the process of the assessment of risks. National risk assessments and experience are also an important source of information for that process. Such assessment of the cross- border risks by the CommissionABE should not involve the processing of personal data. In any event, data should be fully anonymised. National and Union data protection supervisory authorities should be involved only if the assessment of the risk of money laundering and terrorist financing has an impact on the privacy and data protection of individuals.
Amendment 244 #
(15) To be able to review the effectiveness of their systems for combating money laundering and terrorist financing, Member States should maintain, and improve the quality of, relevant statistics. With a view to enhancing the quality and consistency of the statistical data collected at Union level, the Commission and the AMLAABE should keep track of the Union-wide situation with respect to the fight against money laundering and terrorist financing and should publish regular overviews.
Amendment 252 #
(19) With a view to enhancing transparency in order to combat the misuse of legal entities, Member States should ensure that beneficial ownership information is stored in a central register located outside the company, in full compliance with Union law. Member States can, for that purpose, use a central database, which collects beneficial ownership information, or the business register, or another central register. Member States may decide that obliged entities are responsible for filling in the register. Member States should make sure that in all cases that information is made available to competent authorities and FIUs and is provided to obliged entities when they take customer due diligence measures.
Amendment 286 #
Proposal for a directive
Recital 36
Recital 36
(36) Directive (EU) 2018/843 achieved the interconnection of Member States’ central registers holding beneficial ownership information through the European Central Platform established by Directive (EU) 2017/1132 of the European Parliament and of the Council30. Continued involvement of Member States in the functioning of the whole system should be ensured by means of a regular dialogue between the Commission and the representatives of Member States on the issues concerning the operation of the system and on its future development. _________________ 30 Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46).
Amendment 320 #
Proposal for a directive
Recital 57
Recital 57
(57) The Union has witnessed on occasions a lax approach to the supervision of the obliged entities' duties in terms of anti-money laundering and counter- terrorist financing duties. Therefore, it has become of utmost importance that competent national supervisors, as part of the integrated supervisory mechanism put in place by this Directive and Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final],(EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC] obtain clarity as to their respective rights and obligations.
Amendment 322 #
Proposal for a directive
Recital 63
Recital 63
(63) Where an obliged entity operates establishments in another Member State, including through a network of agents, the supervisor of the home Member State should be responsible for supervising the obliged entity's application of group-wide AML/CFT policies and procedures. This could involve on-sitethe-spot visits in establishments based in another Member State. The supervisor of the home Member State should cooperate closely with the supervisor of the host Member State and should inform the latter of any issues that could affect their assessment of the establishment's compliance with the host AML/CFT rules.
Amendment 334 #
Proposal for a directive
Recital 80
Recital 80
(80) To facilitate such cooperation in relation to credit institutions, AMLA, in consultation with the European Banking Authority,the EBA should issue guidelines specifying the main elements of such cooperation including how information should be exchanged.
Amendment 338 #
Proposal for a directive
Recital 89
Recital 89
(89) Regulatory technical standards should ensure consistent harmonisation across the Union. As the body with highly specialised expertise in the field of AML/CFT, it is appropriate to entrust AMLthe EBA with the elaboration, for submission to the Commission, of draft regulatory technical standards which do not involve policy choices.
Amendment 352 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, Member States shall notify to the CommissionEBA their intention to apply of requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] to entities in additional sectors, accompanied by:
Amendment 353 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Before the end of the period referred to in paragraph 3, the Commission, having consulted the Authority for anti-money laundering and counteringEuropean Banking Authority (EBA) [(EU) No 1093/2010 of the European Parliament and of the finaCouncingl of terrorism established by Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final] (AMLA),24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC] shall issue a detailed opinion regarding whether the measure envisaged:
Amendment 372 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. By [two years after the date of entry into force of this Directive], AMLthe EBA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall set out the criteria for determining the circumstances in which the appointment of a central contact point pursuant to paragraph 1 is appropriate, and the functions of the central contact points.
Amendment 443 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) data measuring the sizeactivity and importance of the different sectors which fall within the scope of this Directive, including the number of natural persons and entities and the economic importance of each sector;
Amendment 838 #
Proposal for a directive
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the supervisors of the home and host Member State disagree on the measures to be taken in relation to an obliged entity, they may refer the matter to AMLthe EBA and request its assistance in accordance with Articles 5 and 10 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. AML. The EBA shall provide its advice on the matter of disagreement within one month.
Amendment 959 #
Proposal for a directive
Article 46 – paragraph 1 – introductory part
Article 46 – paragraph 1 – introductory part
1. In order to facilitate and promote effective cooperation, and in particular the exchange of information, Member States shall communicate to the Commission and AMLEBA:
Amendment 962 #
Proposal for a directive
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Member States shall ensure that the information provided to the Commission and AMLEBA pursuant to paragraph 1 is updated as soon as a change takes place.