BETA

19 Amendments of Luis GARICANO related to 2021/0240(COD)

Amendment 240 #
Proposal for a regulation
Recital 16
(16) The first category of credit and financial institutionor non-financial institutions, including crypto-asset service providers, or groups of such institutions should be assessed every three years, based on a combination of objective criteria related to their cross-border presence and activity, and criteria related to their inherent ML/FT risk profile. Only large complex financial groups present in a number of Member States that could be more efficiently supervised at Union level should be included in theDuring subsequent selection process. With respect to credit institutions, minimal cross-border presence for inclusion in the selection process should be based on the number of subsidiaries and branches in different Membunds, the Authority should assess those institutions based on residual risk benchmarks in order to better States, because risky banking activitrget the riskiest of significant volume require a local presence in a form of an establishment. Other financial sector entities may, in contrast, carry out activities that can be sufficiently risky from an ML/TF perspective by means of direct provision of services, for example via a network of agents, but may not have established subsidiaries or branches in a large number of Member States. Therefore, applying the samethose obliged entities. In order to ensure that direct supervision by the Authority has added value, only cross- border criteria, that is to say the one related to freedom of establishment, would result in scoping out large financial sector entities that can have a significant risk profile in a number of Member States, without being established there. Since the volume of activities via direct provision of services is generally smaller than the volume of activities carried out in a branch or a subsidiary, it is appropriate to consider only groups that are established in at least two Member States, but provide services directly or via a network of agents in at least eight more Member Statesentities operating in a minimum number of Member States, either through having an establishment or as a result of the freedom to provide services, should fall within the remit of the Authority.
2022/07/05
Committee: ECONLIBE
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘selected obliged entity’ means a credit institution, a financial or non- financial institution, or a group of credit or financial institutions at the highest level of consolidation in the Union, or a crypto- asset service provider which is under direct supervision by the Authority pursuant to Article 13 ;
2022/07/05
Committee: ECONLIBE
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘non-selected obliged entity’ means a credit institution, a financial or non- financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union, or a crypto-asset service provider other than a selected obliged entity;
2022/07/05
Committee: ECONLIBE
Amendment 381 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
3. The Authority shall perform the following tasks with respect to financial and non-financial supervisors:
2022/07/05
Committee: ECONLIBE
Amendment 382 #
Proposal for a regulation
Article 5 – paragraph 3 – point a
(a) maintain an up-to-date list of financial and non-financial supervisors within the Union;
2022/07/05
Committee: ECONLIBE
Amendment 383 #
Proposal for a regulation
Article 5 – paragraph 3 – point b
(b) carry out periodic reviews to ensure that all financial and non-financial supervisors have adequate resources and powers necessary for the performance of their tasks in the area of AML/CFT;
2022/07/05
Committee: ECONLIBE
Amendment 386 #
Proposal for a regulation
Article 5 – paragraph 3 – point c
(c) perform assessments of the strategies, capacities and resources of financial supervisors in the area of AML/CFT and make the results of such assessments available to all financial and non-financial supervisors;
2022/07/05
Committee: ECONLIBE
Amendment 387 #
Proposal for a regulation
Article 5 – paragraph 3 – point d
(d) facilitate the functioning of the colleges of financial and non-financial supervisors in the area of AML/CFT;
2022/07/05
Committee: ECONLIBE
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 3 – point f
(f) coordinate staff and information exchanges among financial and non- financial supervisors in the Union;
2022/07/05
Committee: ECONLIBE
Amendment 392 #
Proposal for a regulation
Article 5 – paragraph 3 – point g
(g) provide assistance to financial and non-financial supervisors, following their specific requests, including the requests to settle any disagreements on the measures to be taken in relation to an obliged entity.
2022/07/05
Committee: ECONLIBE
Amendment 394 #
Proposal for a regulation
Article 5 – paragraph 3 – point g a (new)
(ga) ensure financial and non-financial supervisors investigate possible breaches of requirements applicable to obliged entities and impose sanctions or remedial actions in respect of such breaches.
2022/07/05
Committee: ECONLIBE
Amendment 399 #
Proposal for a regulation
Article 5 – paragraph 4
4. The Authority shall perform the following tasks with respect to non- financial supervisors: (a) maintain an up-to-date list of non- financial supervisors within the Union; (b) coordinate peer reviews of supervisory standards and practices in the area of AML/CFT; (c) to investigate possible breaches of requirements applicable to obliged entities and to consider imposing sanctions or remedial actions in respect of such breaches; (d) ensure that all non-financial supervisors have adequate resources and powers necessary for the performance of their tasks in the area of AML/CFT; (e) contribute to convergence of supervisory practices and promotion of high supervisory standards in the area of AML/CFT; (f) provide assistance to non-financial supervisors, following their specific requests, including the requests to settle any disagreements on the measures to be taken in relation to an obliged entity. Where supervision of specific sectors is delegated at national level to self- regulatory bodies (‘SRBs’), the Authority shall exercise the tasks set out in the first subparagraph in relation to supervisory authorities overseeing the activity of SRBs.deleted request non-financial supervisors carry out periodic reviews to
2022/07/05
Committee: ECONLIBE
Amendment 548 #
Proposal for a regulation
Article 12 – paragraph 3 – point j
(j) other financial and non-financial institutions.
2022/07/05
Committee: ECONLIBE
Amendment 650 #
Proposal for a regulation
Article 18 – paragraph 1
1. In order to carry out the tasks conferred on it by this Regulation, the Authority may, subject to prior notification to the financial or non-financial supervisor concerned, conduct all necessary on-site inspections at the business premises of the legal persons referred to in Article 16. Where the proper conduct and efficiency of the inspection so require, the Authority may carry out the on-site inspection without prior announcement to those legal persons.
2022/06/29
Committee: ECONLIBE
Amendment 656 #
Proposal for a regulation
Article 18 – paragraph 4
4. Staff and other accompanying persons authorised or appointed by the financial or non-financial supervisor of the Member State where the inspection is to be conducted shall, under the supervision and coordination of the Authority, actively assist the officials of and other persons authorised by the Authority. To that end, they shall enjoy the powers set out in paragraph 2. Staff of financial or non-financial supervisors of the Member State concerned shall also have the right to participate in the on-site inspections.
2022/06/29
Committee: ECONLIBE
Amendment 657 #
Proposal for a regulation
Article 18 – paragraph 5
5. Where the staff of and other accompanying persons authorised or appointed by the Authority find that a person opposes an on-site inspection ordered pursuant to this Article, the financial supervisor of the Member State concerned shall provide the necessary assistance in accordance with national law. To the extent necessary for the inspection, this assistance shall include the sealing of any business premises and books or records. Where that power is not available to the financial or non-financial supervisor concerned, it shall use its powers to request the necessary assistance of other national authorities.
2022/06/29
Committee: ECONLIBE
Amendment 794 #
Proposal for a regulation
Chapter II – Section 5
[...]deleted
2022/06/29
Committee: ECONLIBE
Amendment 817 #
Proposal for a regulation
Article 31 a (new)
Article 31a Establishment of AML colleges in the non-financial sector 1. The Authority shall ensure that supervision measures laid down in Article 34 and 34a of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423final] also apply to non- financial supervisors in the supervision of groups of obliged entities other than credit or financial institutions. Member States shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership, management or compliance control, including networks or partnerships, cooperation and exchange of information between supervisors is facilitated. 2. Following the adoption of the technical regulatory standards referred to in Article 34a of Directive [please insert reference –proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], the Authority shall promote the establishment of AML supervisory colleges. Those colleges may be set up following the identification of groups of obliged entities other than credit or financial institutions which are part of structures which operate in at least two Member States and share common ownership, management, or compliance control, including networks or partnerships. 3. To that end, the Authority shall: (a) propose to establish colleges, to convene and organise the meetings of colleges where deemed appropriate; (b) assist in the organisation of college meetings, where requested by the relevant supervisory authorities; (c) assist in the organisation of joint supervisory plans and joint examinations; (d) encourage supervisory authorities to share all relevant information to facilitate the work of the college; (e) promote effective and efficient supervisory practices and activities, including evaluating the risks to which obliged entities are or might be exposed; (f) mediate and assist in resolving conflicts between participating supervisory authorities; (g) identify instances where the absence of effective and efficient supervisory practices and activities in the context of AML colleges derives from inadequate or lack of transposition of EU law into national legislation, and duly report those instances to the Commission. 5. Such colleges may be used for exchanging information, providing mutual assistance or coordinating the supervisory approach to the obliged entity, including, where relevant, the taking of appropriate and proportionate measures to address serious breaches of the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] that are detected in the jurisdiction of a supervisor participating in the college. 6. The AML colleges shall be composed of permanent members and, when unanimously agreed by them, observers. The Authority and supervisors of the non-financial sector, including the authorities overseeing self-regulatory bodies appointed by Member States in accordance with Article 36 of Directive [please insert reference – proposal for6th Anti-Money Laundering Directive - COM/2021/423 final] shall be permanent members. 7. For the purposes of paragraph 2, the staff of the Authority shall have full participation rights in all AML supervisory colleges of the non-financial sector.
2022/06/29
Committee: ECONLIBE
Amendment 903 #
Proposal for a regulation
Article 46 – paragraph 2 – point c a (new)
(ca) one representative from EBA, ESMA and EIOPA without the right to vote
2022/06/29
Committee: ECONLIBE