22 Amendments of Nicola BEER related to 2021/0239(COD)
Amendment 147 #
Proposal for a regulation
Recital 14
Recital 14
(14) Directive (EU) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above EUR 10 000, whilst allowing Member States to introduce stricter measures. Such approach has shown to be ineffective in light of the poor understanding and application of AML/CFT requirements, lack of supervision and limited number of suspicious transactions reported to the FIU. In order to adequately mitigate risks deriving from the misuse of large cash sums, a Union-wide limit to large cash transactions above EUR 10 000 should be laid down. As a consequence, persons trading in goods should no longer be subject to AML/CFT obligations.
Amendment 245 #
Proposal for a regulation
Recital 94
Recital 94
(94) The use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti- money laundering rules when making or receiving cash payments of EUR 10 000 or more. At the same time, differences in approaches among Member States have undermined the level playing field within the internal market to the detriment of businesses located in Member States with stricter controls. It is therefore necessary to introduce a Union-wide limit to large cash payments of EUR 10 000. Member States should be able to adopt lower thresholds and further stricter provisionsenforce anti-money laundering rules across the EU.
Amendment 248 #
Proposal for a regulation
Recital 95
Recital 95
Amendment 327 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a
Article 3 – paragraph 1 – point 3 – point a
(a) auditors, external accountants and tax advisors, and any other natural or legal person that undertakes to provide, directly or by means of other persons to which that other person is related, material aid, assistance or advice on tax matters as principal business or professional activity; with the exception of mutual advice and assistance of national employees on tax matters organized in the form of a self- help association.
Amendment 698 #
1a. When issuing the list indicating the exact functions member states can include functions corresponding to prominent public functions not included in Article 2, point (25) that are considered equivalent to other functions listed in Article 2, point (25) in their Member State and require the application of the specific provisions of Article 32.Regarding the prominent public functions listed in Article 2, point (25) (vi) and (vii), Member States may apply restrictive criteria when indicating the exact functions in order tonsure that the indicated exact functions are equivalent to other functions listed in Article 2, point (25) (a) (i) to (v) and Article 2, point (25)(b) to (d).
Amendment 718 #
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) the approval of the obliged entity’s risk assessment according to Article 8 and of its policies, controls and procedures according to Article 7of this Regulation;
Amendment 719 #
Proposal for a regulation
Article 40 – paragraph 2 – point a a (new)
Article 40 – paragraph 2 – point a a (new)
(aa) the responsibility to be in compliance with this regulation
Amendment 720 #
Proposal for a regulation
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
Amendment 725 #
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
Amendment 728 #
Proposal for a regulation
Article 40 – paragraph 2 – point d
Article 40 – paragraph 2 – point d
Amendment 732 #
Proposal for a regulation
Article 40 – paragraph 2 – point e
Article 40 – paragraph 2 – point e
Amendment 738 #
Proposal for a regulation
Article 40 – paragraph 2 – point f
Article 40 – paragraph 2 – point f
Amendment 876 #
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. The exemption set forth in paragraph 2 does not apply if the obliged professional has positive knowledge that the client is seeking legal advice for the purposes of money laundering or terrorist financing. Within the limits of Union Law, Member states may adopt or maintain with regard to specific transactions that involve a particular high risk to be used for money laundering or terrorist financing additional reporting obligations for the professionals listed in paragraph 2 to which the exemption set forth in paragraph 2 does not apply.
Amendment 881 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. For obliged entities referred to in Article 3, points (1), (2), (3)(a) and (b), in cases relating to the same customer and the same transaction involving two or more obliged entities, and by way of derogation from paragraph 1, disclosure may take place between the relevant obliged entities provided that they are located in the Union, or with entities in a third country which imposes requirements equivalent to those laid down in this Regulation, and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements.
Amendment 882 #
Proposal for a regulation
Article 54 – paragraph 5 a (new)
Article 54 – paragraph 5 a (new)
5a. By way of derogation from paragraph 1, disclosure may take place between an obliged entity and its agent or service provider to which it has outsourced activities related to customer identification and due diligence measures according to Chapter III of this Regulation or reporting as referred to in Articles 50 and 51 of this Regulation.
Amendment 899 #
Proposal for a regulation
Article 55 – paragraph 4 a (new)
Article 55 – paragraph 4 a (new)
4a. Without prejudice to further obligations under Regulation (EU) 2016/679 and [EU-AI Regulation], the processing of personal data according to paragraph 4 may be conducted by means of automated decision-making, including profiling (Article 4(3) of Regulation (EU) 2016/679), or artificial-intelligence systems as defined in [Article 3 of Regulation insert title EU-AI-Reg; COM(2021) 206 final)], provided that: - the obliged entity has conducted the necessary data protection impact assessment according to Article 35 (3) (a) of Regulation (EU)2016/679 prior to the processing - if the processing takes place in a third country, the requirements of Chapter V of Regulation (EU) 2016/679 are met - the processing of personal data only comprises data which an obliged entity has collected in the course of performing its customer due diligence obligations, including, in particular, the ongoing monitoring pursuant to Article 20.
Amendment 910 #
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. Credit institutions, financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts, anonymous passbooks, anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any account otherwise allowing for the anonymisation of the customer account holder. Crypto-wallet service providers that do not have direct access to private user data or user funds and solely function as software providers are excluded.
Amendment 914 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Amendment 917 #
Proposal for a regulation
Article 59
Article 59
Amendment 922 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
Amendment 931 #
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 947 #
Proposal for a regulation
Article 63 – paragraph 1 – point b
Article 63 – paragraph 1 – point b