Activities of Martin SCHIRDEWAN related to 2021/0250(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849
Amendments (71)
Amendment 348 #
Proposal for a directive
Article 2 – paragraph 2 – point 8 a (new)
Article 2 – paragraph 2 – point 8 a (new)
(8a) ‘criminal organisation’ means a criminal organisation as defined in Article 1, point (1), of Council Framework Decision 2008/841/JHA1a. _________________ 1a Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
Amendment 349 #
Proposal for a directive
Article 2 – paragraph 2 – point 8 b (new)
Article 2 – paragraph 2 – point 8 b (new)
(8b) ‘large corporate entity’ means a corporate entity which had an annual revenue of EUR 40 000 000 or more in its consolidated financial statements in at least two of the last four consecutive fiscal years.
Amendment 389 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
To that end, the Commission shall, at the latest by [43 years after the date of transposition of this Directive], draw up a report identifying, analysing and evaluating those risks at Union level. Thereafter, the Commission shall update its report every fourthree years. The Commission may update parts of the report more frequently, if appropriate.
Amendment 392 #
Proposal for a directive
Article 7 – paragraph 2 – point -a (new)
Article 7 – paragraph 2 – point -a (new)
(-a) identification and ranking of Member States, analysing their financial and legal structures in relation to risks of money laundering and terrorist financing and covering at least the following issues: (i) compliance with Union and international anti-money laundering standards; (ii) lack of corporate transparency; (iii) financial secrecy legislation and bank secrecy; (iv) financial size of Member States' financial sector; (v) functioning of whistleblower protection mechanisms; (vi) legislation on corporate tax and corporate tax disclosure; (vii) facilitation and reception of inward and outward illicit financial flows.
Amendment 393 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the most widespread means used to launder illicit proceeds, including, where available, those particularly used in transactions between Member States and third countries, including the setting up of shell companies, trade mis-invoicing, and storing funds in lower tax jurisdictions, independently of the identification of a third country pursuant to Section 2 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final];
Amendment 399 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall make recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification for such a decision. The Commission's recommendations and the Member States' decisions in response to the recommendations, including the justification in case of non-application, shall be made public.
Amendment 401 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By [3 years after the date of transposition of this Directive], AMLA, after consultation of other Union bodies, offices and agencies involved in the AML/CFT framework such as Europol, shall issue an opinion addressed to the Commission on the risks of money laundering and terrorist financing affecting the Union. Thereafter, AMLA shall issue an opinion every two years. The opinions issued by AMLA shall be made public.
Amendment 410 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Each Member State shall carry out a national risk assessment to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. It shall keep that risk assessment up to date and review it at least every fourthree years.
Amendment 421 #
Proposal for a directive
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(ba) Identify the typical ownership and control structure of local legal persons, considering at least: (i) number of layers, (ii) type of legal vehicle in each layer (e.g. company, trust, partnership, etc.), (iii) nationality of layers, (iv) number of legal owners and beneficial owners.
Amendment 431 #
Proposal for a directive
Article 8 – paragraph 4 – point f a (new)
Article 8 – paragraph 4 – point f a (new)
(fa) assess the performance of national bodies involved in the supervision of obliged entities;
Amendment 432 #
Proposal for a directive
Article 8 – paragraph 4 – point f b (new)
Article 8 – paragraph 4 – point f b (new)
(fb) assess the appropriateness of the human and financial resources allocated to the competent authorities.
Amendment 435 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and, prosecutors and whistleblower prostecutortion mechanisms, as well as the allocated human and financial resources to the extent that this information is available.
Amendment 437 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and prosecutors, as well as the allocated human and financial resources toand the extent that this information is availableof Union and international cooperation.
Amendment 441 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall make the results of their national risk assessments, including their updates, available to the Commission, to AMLA and to the other Member States. Any Member State may provide relevant additional information, where appropriate, to the Member State carrying out the national risk assessment. A summary of tThe assessment shall be made publicly available. That summaryHowever, the assessment made available to the public shall noteither contain classified information. The nor information contained therein shall nothat permit the identification of any natural or legal person.
Amendment 444 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) data measuring the reporting, investigation and judicial phases of the national AML/CFT regime, including the number ofand value of transactions involved in suspicious transaction reports made to the FIU, the follow-up given to those reports, the information on cross- border physical transfers of cash submitted to the FIU in accordance with Article 9 of Regulation (EU) 2018/1672 together with the follow-up given to the information submitted and, on an annual basis, the number of cases investigated, the number of persons prosecuted, the number of persons convicted for money laundering or terrorist financing offences, the types of predicate offences identified in accordance with Article 2 of Directive (EU) 2018/1673 of the European Parliament and of the Council45 where such information is available, and the value in euro of property that has been frozen, seized or confiscated, broken down by types of offenses and types of property; _________________ 45 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22).
Amendment 449 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) if available, data identifying the number and percentage of reports resulting in further investigation, together with the annual report drawn up by FIUs pursuant to Article 21;
Amendment 453 #
Proposal for a directive
Article 9 – paragraph 2 – point g a (new)
Article 9 – paragraph 2 – point g a (new)
(ga) number of discrepancies reported to the Central Register referred to in Article 10, including measures or sanctions imposed by the entity in charge of the central register, the number of on- site and off-site inspections, types of typical discrepancies and patterns identified in the verification process by entities in charge of the central register;
Amendment 459 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission is empowered to adopt implementing acts laying down the methodology for the collection of the statistics referred to in paragraph 2 and the arrangements for their transmission to the Commission and AMLA, AMLA and other Union bodies, offices and agencies involved in the AML/CFT framework. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).
Amendment 462 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Commission shall publish a biennial report summarising and explaining the statistics referred to in paragraph 2, which shall be made available to the public on its website.
Amendment 465 #
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall ensure that beneficial ownership information referred to in Article 44 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and information on nominee arrangements referred to in Article 47 of that Regulation is held in a central register in the Member State where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides. Such requirement shall not apply to companies listed on a regulated market that are subject to disclosure requirements equivalent to the requirements laid down in this Directive or subject to equivalent international standards.
Amendment 485 #
Proposal for a directive
Article 10 – paragraph 3 – point b a (new)
Article 10 – paragraph 3 – point b a (new)
(ba) (c) the details on the 10 natural persons holding the majority of shares or voting rights or, where the size of the entity in question does not allow for the identification of 10 natural persons, the details on all natural persons holding shares or voting rights.
Amendment 504 #
Proposal for a directive
Article 10 – paragraph 5 – point b a (new)
Article 10 – paragraph 5 – point b a (new)
(ba) the entity in charge of the central registers shall verify, when beneficial ownership information is submitted and on a regular basis thereafter, that that information is adequate, accurate and up to date, including through: (i) cross-checks against other government or private databases accessible to it as well as international and Union sanction lists, (ii) analysis of domestic ownership structures, thereby identifying suspicious outliers for inspection.
Amendment 506 #
Proposal for a directive
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. By [two years after the date of entry into force of this Directive] AMLA shall issue guidelines on the methods and procedures to be employed by entities in charge of the central registers to verify beneficial ownership information and by the obliged entities and competent authorities to identify and report discrepancies regarding beneficial ownership information.
Amendment 524 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. In the case of corporate and other legal entities, Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to request information and carry out checks, including on-site investigations at the premises or registered office of the legal entity, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to- date. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner.
Amendment 532 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
9. Member States shall ensure that the entity in charge of the central register is adequately resourced and empowered to impose effective, proportionate and dissuasive measures or sanctions for failures to provide the register with accurate, adequate and up-to-date information about their beneficial ownership. Sanctions shall include monetary penalties and restrictions in the access to certain professions and in the exercise of certain functions within a legal entity or arrangement, restrictions in the exercise of ownership rights of a legal entity or in the ability to receive dividends and the suspension or discontinuation of the business activities. In the event of repeated failures to ensure the register contains up-to-date, accurate and adequate information, sanctions shall be increased to ensure compliance. By [2 years after entry into force of this Directive], AMLA shall adopt draft regulatory technical standards regarding indicators to classify the level of gravity of breach and criteria for such repeated failures and submit them to the Commission for adoption. The Commission is empowered to supplement this Directive by adopting the regulatory standards referred to in the first subparagraph in accordance with Articles 38 to 41 of Regulation [please insert reference- proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final]. AMLA shall organise peer-reviews on a regular basis of the entities in charge of the central registers across the Member States to review their performance regarding the provision of accurate, adequate and up-to-date beneficial ownership information.
Amendment 546 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that competent authorities have timely, unrestricted and free access to the information held in the interconnected central registers referred to in Article 10, without alerting the entity or arrangement concerned. That information shall also be made available to competent authorities as machine-readable data.
Amendment 566 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) in the case of legal entities, at least the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest held and, if applicable, the status as a domestic or foreign politically exposed person (PEP) of the beneficial owner;
Amendment 567 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) in case of express trusts or similar legal arrangements, the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest held, provided that a legitimate interest can be demonstrated. and, if applicable, the status as a domestic or foreign politically exposed person (PEP) of the beneficial owner;
Amendment 575 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States may choose to make beneficial ownership information held in their central registers available to the public on the condition of authentication using electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014 of the European Parliament and of the Council46 andshall make the information referred to in paragraph 1 available to the public through online access and without requiring the payment of any fee, which shall not exceed the administrative costs of making the information available, including costs of maintenance and developments of the register. _________________ 46 Regulation (EU) No 910/2014 of the European Parliament and of 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)s. However, Member States shall prohibit the use and processing of that information for commercial purposes.
Amendment 589 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall put in place centralised automated mechanisms, such as a central registers or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts and, bank accounts identified by IBAN, as defined by Regulation (EU) No 260/2012 of the European Parliament and of the Council47 , securities accounts and safe-deposit boxes held by a credit institution within their territory. _________________ 47 Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).
Amendment 591 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) for the customer-account and securities-account holder and any person purporting to act on behalf of the customer: the name, complemented by either the other identification data required under Article 18(1) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] or a unique identification number;
Amendment 592 #
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) for the beneficial owner of the customer-account or securities-account holder: the name, complemented by either the other identification data required under Article 18(1) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] or a unique identification number;
Amendment 609 #
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) the common criteria according to which beneficial ownership information is available through the system of interconnection of registers, depending on the level of access granted by Member States;
Amendment 617 #
Proposal for a directive
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
Amendment 622 #
Proposal for a directive
Chapter II – Section 3 – title
Chapter II – Section 3 – title
3 Real estate registAsset registers and unexplained wealth orders
Amendment 641 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 646 #
Proposal for a directive
Article 16 b (new)
Article 16 b (new)
Article 16b Interconnection of the BAR single access point and the CAR single access point with the European Central Platform 1. The BAR single access point, referred to in Article 14(5), and the CAR single access point, referred to in Article 16a(5), shall be interconnected with the European Central Platform, referred to in Article 10 (11), in such a way that the information held in the BAR and CAR about a beneficial owner registered in the European Central Platform is directly linked to and accessible via the beneficial ownership information held in the European Central Platform. 2. Accessibility to the information held in the BAR and CAR via the European Central Platform shall be given to FIUs, national competent authorities and the public in accordance with Articles 14 and 16a(3) and (6). 3. The interconnection of the BAR single access point and the CAR single access point with the European Central Platform shall be developed and operated by the Commission and shall be fully operational by [4 years after the date of entry into force of this Directive]. The Commission is empowered to adopt, by means of implementing acts, the technical specifications and procedures for that interconnection. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article54(2).
Amendment 647 #
Proposal for a directive
Article 16 c (new)
Article 16 c (new)
Amendment 649 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. With respect to money laundering, the FIUs shall operate on the basis of proportionality, prioritising the detection and combating of larger and complex schemes of money laundering associated with criminal organisations.
Amendment 655 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 a (new)
Article 17 – paragraph 3 – subparagraph 1 a (new)
With respect to money laundering, the analyses shall be conducted in particular with a view to detecting and combating larger and complex schemes of money laundering associated with criminal organisations.
Amendment 664 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. AMLA shall organise training events for the staff of FIUs. AMLA may, where appropriate, organise those training events in cooperation with other Union bodies, offices and agencies involved in the AML/CFT framework, such as Europol. FIUs shall grant their staff five days of additional leave per year to take part in such training events.
Amendment 668 #
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Each Member States shall ensure that its FIU is able to make arrangements or engage independently with other domestic competent authorities and with Union bodies, offices and agencies involved in the AML/CFT framework, pursuant to Article 45 on the exchange of information.
Amendment 670 #
Proposal for a directive
Article 17 – paragraph 7 a (new)
Article 17 – paragraph 7 a (new)
7a. AMLA shall coordinate the organisation of periodical peer reviews of FIUs for the purposes of assessing whether the requirements set out in this Article have been fulfilled. When carrying out those periodical peer reviews, special attention shall be given to the performance of FIUs in the treatment of cases affecting, or potentially affecting, politically exposed persons (PEPs) or large corporate entities. In case a peer review indicate substantial shortcomings in the operation of a FIU, AMLA shall issue recommendations for improvement to that FIU. In case AMLA considers that the shortcomings are caused by conditions external to the capacities of that FIU, AMLA shall report to and issue a recommendation to the Commission and the Member State concerned.
Amendment 683 #
Proposal for a directive
Article 18 – paragraph 1 – point a – point i a (new)
Article 18 – paragraph 1 – point a – point i a (new)
(ia) information contained in the national CARs in accordance with Article 16a;
Amendment 684 #
Proposal for a directive
Article 18 – paragraph 1 – point a – point i b (new)
Article 18 – paragraph 1 – point a – point i b (new)
(ib) the interconnected information accessible through the interconnection of the BAR single access point, the CAR single access point and the European Central Platform in accordance with Article 16b;
Amendment 690 #
Proposal for a directive
Article 18 – paragraph 1 – point a – point vi
Article 18 – paragraph 1 – point a – point vi
(vi) information on securities including from central securities depositories (CSD);
Amendment 697 #
Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access to the following law enforcement information: access to the following law enforcement information in accordance with Article 8 of Directive (EU) 2019/1153 of the European Parliament and of the Council1a: _________________ 1a Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA (OJ L 186, 11.7.2019, p. 122).
Amendment 706 #
Proposal for a directive
Article 18 – paragraph 1 – point c – point i
Article 18 – paragraph 1 – point c – point i
(i) any type of information or data which is already held by competent authorities in the context of preventing, detecting, investigating or prosecuting criminal offences, insofar as that information or data is relevant to the FIU to fulfil its obligations under this Directive;
Amendment 707 #
(ii) any type of information or data which is held by public authorities or by private entities in the context of preventing, detecting, investigating or prosecuting criminal offences, insofar as that information or data is relevant to the FIU to fulfil its obligations under this Directive, and which is available to competent authorities without the taking of coercive measures under national law.
Amendment 709 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The information referred to in point (c) may include criminal records, information on investigations, information on the freezing or seizure of assets or on other investigative or provisional measures and information on convictions and on confiscations. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the law enforcement authority shall be under no obligation to comply with the request for information.
Amendment 717 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. In the context of its functions, each FIU shall be able to request, obtain and use information from the owner of the real property registered in national real estate registers, electronic data retrieval systems, land and cadastral registers or similar registers, insofar as that information or data is relevant to the FIU to fulfil its obligations under this Directive. Member States shall lay down the rules on sanctions applicable to infringements of this provision. The sanctions shall be appropriate and proportionate.
Amendment 772 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Member States shall ensure that FIUs cooperate with each other and with their counterparts in third countries to the greatest extent possible, regardless of their organisational status. Member States shall provide their FIUs with adequate financial, human and technical resources in order to ensure effective and efficient cooperation.
Amendment 783 #
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Following a peer review in accordance with Article 17(7a), AMLA may suspend access to FIU.net for a specific FIU where the report of the peer review concludes that requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU, as set out in Article17, have not been fulfilled. With the decision of suspension, AMLA shall issue an assessment which explains and indicates the follow-up measures necessary to comply with, in order to the suspension to be lifted. AMLA shall evaluate the actions taken by the FIU concerned no later than 3 months after issuing the decision.
Amendment 794 #
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
6. Member States shall ensure that where an FIU is requested to provide information pursuant to paragraph 1, it shall respond to the request as soon as possible and in any case no later than sefiven days after the receipt of the request. In exceptional, duly justified cases, this time limit may be extended to a maximum of 140 calendar days. Where the requested FIU is unable to obtain the requested information, it shall inform the requesting FIU thereof.
Amendment 796 #
Proposal for a directive
Article 24 – paragraph 7 – introductory part
Article 24 – paragraph 7 – introductory part
7. Member States shall ensure that in exceptional, justified and urgent cases and, by way of derogation from paragraph 6, where pursuant to paragraph 1 an FIU is requested to provide information which is either held in a database or registry directly accessible by the requested FIU or which is already in its possession, the requested FIU shall provide that information no later than 24 hours after the receipt of the request.
Amendment 802 #
Proposal for a directive
Article 25 – paragraph 3 – point b a (new)
Article 25 – paragraph 3 – point b a (new)
(ba) an FIU’s operational analysis may affect a politically exposed person (PEP) or a large corporate entity.
Amendment 804 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
A request for the setting up of a joint analysis team may be made by any of the FIUs concerned or by AMLA.
Amendment 821 #
Proposal for a directive
Article 29 – paragraph 6 – introductory part
Article 29 – paragraph 6 – introductory part
6. Member States shall ensure that financial supervisors, supervisors of crypto-asset service providers and supervisors in charge of gambling operators have powers additional to those referred to in paragraph 5, including the power to investigate the business premises of the obliged entity without prior announcement where the proper conduct and efficiency of inspection so require, and that they have all the necessary means to carry out such investigation.
Amendment 827 #
Proposal for a directive
Article 31 – paragraph 6 a (new)
Article 31 – paragraph 6 a (new)
Amendment 880 #
Proposal for a directive
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) issue instructions to a self- regulatory body for the purpose of remedying a failure to perform its functions under Article 29(1) or to comply with the requirements of paragraph 5 and 6 of that Article, or to prevent any such failures. When issuing such instructions, the authority shall consider any relevant guidance it provided or that has been provided by AMLA.
Amendment 897 #
Proposal for a directive
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) Section 1 of Chapter II (internal controls).
Amendment 898 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Member States shall ensure that in the cases referred to in paragraph 1, the maximum pecuniary sanctions that can be applied amountto legal persons amount to at least EUR 2 000 000 or at least 8 % of the total annual turnover, whichever is higher, and to natural persons at least to twice the amount of the benefit derived from the breach where that benefit can be determined, or at least EUR 12 000 000.
Amendment 903 #
Proposal for a directive
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Member States shall ensure that, by way of derogation from paragraph 2, where the obliged entity concerned is a credit institution or, financial institution or large corporate entity, the following sanctions can also be applied:
Amendment 905 #
Proposal for a directive
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) in the case of a legal person, maximum administrative pecuniary sanctions of at least EUR 10 000 000 or 105 % of the total global annual turnover according to the latest available accounts approved by the management body, whichever is higher; 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 of the European Parliament and of the Council49 , the relevant total annual turnover shall be the total annual turnover or the corresponding type of income in accordance with the relevant accounting regime according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking; _________________ 49 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 909 #
Proposal for a directive
Article 40 – paragraph 4 a (new)
Article 40 – paragraph 4 a (new)
4a. In addition to pecuniary sanctions referred to in paragraphs 2 and 3, Member States shall empower competent authorities to impose on legal persons a prohibition or suspension on the right to conclude contracts within the Union in case the breach of the requirements referred to in paragraph 1 are deemed sufficiently serious.
Amendment 936 #
Proposal for a directive
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Amendment 937 #
Proposal for a directive
Article 43 – paragraph 2 – point a
Article 43 – paragraph 2 – point a
(a) specific procedures for the receipt of reports on breaches by both anonymous and non-anonymous individuals and their follow-up;
Amendment 939 #
Proposal for a directive
Article 43 – paragraph 2 – point b
Article 43 – paragraph 2 – point b
(b) appropriate protection for employees or persons in a comparable position,as well as access to legal and financial advice for employees, board members, shareholders, contractors, subcontractors, suppliers, trainees and former workers of obliged entities who report breaches committed within the obliged entity;
Amendment 940 #
Proposal for a directive
Article 43 – paragraph 2 – point b a (new)
Article 43 – paragraph 2 – point b a (new)
(ba) the obligation for supervisors to follow up on reports and keep the whistleblower informed within a reasonable timeframe.
Amendment 942 #
Proposal for a directive
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. Member States shall ensure that individuals, including employees and representatives of the obliged entity referred to in Article 2(b) who report potential or actual breaches of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] internally or to the FIU, civil society organisations and organisations acting in the public interest are legally protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.
Amendment 943 #
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 1
Article 43 – paragraph 3 – subparagraph 1
Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting potential or actual breaches of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] internally or to the FIU are entitled to present a complaint in a safe manner to the respective competent authorities. Without prejudice to the confidentiality of information gathered by the FIU, Member States shall also ensure that such individuals have the right to effective remedy to safeguard their rights under this paragraph and to full reparation of damages through financial compensation and non-financial remedies.