13 Amendments of Markus FERBER related to 2021/0241(COD)
Amendment 101 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Providers of ancillary infrastructure such as internet services providers, providers of cloud computing services or hosting services should not be subject to this Regulation.
Amendment 109 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order not to impair the efficiency of payment systems and crypto-asset transfer services , and in order to balance the risk of driving transactions underground as a result of overly strict identification requirements against the potential terrorist threat posed by small transfers of funds or crypto-assets , the obligation to check whether information on the payer or the payee , or, for transfers of crypto-assets, the originator and the beneficiary, is accurate should, in the case of transfers of funds where verification has not yet taken place, be imposed only in respect of individual transfers of funds or crypto-assets that exceed EUR 1000, unless the transfer appears to be linked to other transfers of funds or transfers of crypto-assets which together would exceed EUR 1000, the funds or crypto-assets have been received or paid out in cash or in anonymous electronic money, or where there are reasonable grounds for suspecting money laundering or terrorist financing. Member States that do not have the Euro as their currency should transpose the EUR 1000 threshold to the equivalent of their local currency;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 4
Article 2 – paragraph 4 – subparagraph 4
This Regulation shall not apply to person- to-person transfer of crypto-assets as defined in Article 3(14) of this regulation.
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. This Regulation shall not apply to the providers of ancillary infrastructure needed for the transfer of crypto-assets.
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 5 – point c
Article 2 – paragraph 5 – point c
(c) the amount of the transfer of funds or crypto-assets does not exceed the equivalent of EUR 1000.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘transfer of crypto-assets’ means any transaction at least partially carried out by electronic means on behalf of an originator through a crypto-asset service provider, with a view to making crypto- assets available to a beneficiary through a crypto-asset service providerwith the aim of moving crypto-assets from one distributed ledger address or crypto-asset account to another, carried out or received by at least one crypto-asset service provider acting on behalf of either an originator or a beneficiary, irrespective of whether the originator and the beneficiary are the same person and irrespective of whether the crypto-asset service provider of the originator and that of the beneficiary are one and the same.
Amendment 216 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the account number of the originator, where an account is used to process the transactionoriginator’s distributed ledger address or addresses, where a transfer of crypto-assets is registered on a network using distributed ledger technology or similar technology and, where available, the originator’s crypto-asset account number;
Amendment 219 #
Proposal for a regulation
Article 14 – paragraph 1 – point b a (new)
Article 14 – paragraph 1 – point b a (new)
(ba) the originator’s crypto-asset account number, where a transfer of crypto-assets is not registered on a network using distributed ledger technology or similar technology
Amendment 224 #
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(ca) where available, the originator's legal entity identifier;
Amendment 226 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) the beneficiary’s account number, where such an account exists and is used to process the transaction.distributed ledger address or addresses, where a transfer of crypto-assets is registered on a network using distributed ledger technology or similar technology and, where available, the beneficiary’s crypto-asset account number;
Amendment 228 #
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) the beneficiary’s crypto-asset account number, where a transfer of crypto-assets is not registered on a network using distributed ledger technology or similar technology;
Amendment 229 #
Proposal for a regulation
Article 14 – paragraph 2 – point b b (new)
Article 14 – paragraph 2 – point b b (new)
(bb) where available, the beneficiary's legal entity identifier;
Amendment 333 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Review By ... [three years from the date of application of this Regulation], the Commission shall submit to the European Parliament and to the Council a report on the application and enforcement of this Regulation accompanied, if appropriate, by a legislative proposal. That report shall at least include the following elements: a) an assessment of the overall effectiveness of the measures of this Regulation; b) an assessment as regards to the suitability of the de-minimis thresholds b) an assessment as regards to the suitability of provisions on administrative sanctions as outlined in chapter V of this Regulation;