29 Amendments of Margarida MARQUES related to 2021/0240(COD)
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. The objective of the Authority shall be to protect the public interest, the stability and the integrity of the Union’s financial system and the good functioning of the internal market by:
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘selected obliged entity’ means a credit institution, a financial institution, a crypto-asset service provider or a group of credit or financial institutions or crypto- asset service providers at the highest level of consolidation in the Union, which is under direct supervision by the Authority pursuant to Article 13;
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a a (new)
Article 2 – paragraph 1 – point 5 – point a a (new)
(aa) a competent authority as defined in Article 3 (1) point (22) of Regulation [please insert reference to Regulation on Markets in Crypto-assets];
Amendment 354 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) monitor and respond to developments across the internal market and assess threats, vulnerabilities and risks in relation to ML/TF;
Amendment 355 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) monitor and respond to developments in third countries and assess threats, vulnerabilities and risks in relation to their AML/CFT systems;
Amendment 397 #
Proposal for a regulation
Article 5 – paragraph 3 – point g c (new)
Article 5 – paragraph 3 – point g c (new)
(gc) establish and maintain an updated public register on shell banks and non- compliant crypto-asset service providers;
Amendment 447 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. When developing the supervisory methodology the Authority shall make a distinction between obliged entities based on the nature of the money laundering and terrorist financing risks they are exposed to and the sectors in which they operate. The supervisory methodology shall contain at least the following elements:
Amendment 449 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) approaches to supervisory review of money laundering and terrorist financing risk self-assessments of obliged entities;
Amendment 477 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Non-AML authorities shall share with the Authority any additional information, within the boundaries of their mandate and tasks, as well as the respective and relevant national law, deemed relevant to the prevention and countering of the use of the financial system for the purpose of money laundering or terrorist financing.
Amendment 504 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Public register on shell banks and non- compliant crypto-asset service providers 1. The Authority shall establish and maintain a public register of shell banks and non-compliant crypto-asset service providers operating within and outside the Union. 2. The list shall be indicative and non-exhaustive, based on information provided by national supervisors and other relevant authorities, the Commission and obliged entities. 3. The Authority shall review the public register referred to in paragraph 1, taking into account any changes in circumstances concerning the entities included in the list or any information brought to its attention.
Amendment 547 #
Proposal for a regulation
Article 12 – paragraph 3 – point i a (new)
Article 12 – paragraph 3 – point i a (new)
(ia) crypto-asset service providers;
Amendment 571 #
Proposal for a regulation
Article 12 – paragraph 4 – point b – point iii a (new)
Article 12 – paragraph 4 – point b – point iii a (new)
(iiia) volume of products or transactions that favour anonymity, including anonymity-enhanced cryptocurrency (AEC) or privacy coins;
Amendment 575 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point i
Article 12 – paragraph 4 – point c – point i
(i) the annual volume of correspondent banking or crypto-asset services provided by Union financial sector entities in third countries;
Amendment 578 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii
Article 12 – paragraph 4 – point c – point ii
(ii) the number and share of correspondent banking crypto-asset clients from third countries with structural weaknesses in their AML systems identified by global standard setting bodies or with little to no regulation regarding crypto-assets;
Amendment 579 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii a (new)
Article 12 – paragraph 4 – point c – point ii a (new)
(iia) the number and share of correspondent banking or crypto-asset clients from third countries identified as having significant levels of corruption or other criminal activity or as being providers of financial secrecy by credible sources or acknowledged processes;
Amendment 580 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point iii
Article 12 – paragraph 4 – point c – point iii
(iii) the volume of activity of virtualcrypto- assets service providers registered or licensed in third countries and operating as financial institutions in the Union.
Amendment 587 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. The Authority shall develop draft regulatory technical standards setting out the methodology with the benchmarks referred to in paragraph 4 for classifying the inherent risk profile of any cross-border credit or financial institution or crypto- asset service provider in each Member State it operates in as low, medium, substantial or high.
Amendment 614 #
Proposal for a regulation
Article 13 – paragraph 1 c (new)
Article 13 – paragraph 1 c (new)
Amendment 725 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, including the assessment of their tools and resources to ensure high level supervisory standards and practices. The assessments shall include a review of the application of the AML/CFT supervisory methodology developed pursuant to Article 8 and shall cover all financial supervisors in a single assessment cycle. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years. At the end of each assessment cycle, the Authority shall present its findings to the European Parliament and the Council.
Amendment 792 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 793 #
Proposal for a regulation
Article 30 b (new)
Article 30 b (new)
Article 30b Requests of direct information to non- selected obliged entities 1. The supervisory authorities shall provide the Authority with all necessary information regarding selected and non- selected obliged entities in order for the Authority to carry out its duties, provided that the supervisory authorities have legal access to the relevant information. 2. Where information is not available or is not made available under paragraph 1 in a timely manner, the Authority may address a request directly to the relevant obliged entities or associations of obliged entities. The request shall be duly justified, include the legal basis of the request, specify the information required and fix a reasonable time limit within which the information is to be provided. The national authority shall receive a copy of the request. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information, provided they have legal access to the relevant information. Upon a duly justified request to the Authority, the addressees may ask for a single extension of the deadline. 3. The use of confidential information and the modalities with regard to information requests pursuant of Article 30 shall be governed by the provisions set out in Article 16(4) and Article 16(5).
Amendment 795 #
Proposal for a regulation
Chapter II – Section 5 – title
Chapter II – Section 5 – title
5 OVERSIGHTINDIRECT SUPERVISION OF NON- FINANCIAL SECTOR
Amendment 802 #
Proposal for a regulation
Article 31 – paragraph 3 – point b
Article 31 – paragraph 3 – point b
(b) the effectiveness and the degree of convergence reached in the application of Union law and in supervisory practice, and the extent to which the supervisory practice achieves the objectives set out in Union law, and the extent to which the indirect supervision of the non-financial sector serves the purposes of combating money laundering and terrorist financing risks;
Amendment 807 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Authority shall produce a report setting out the results of the peer review. That peer review report shall be prepared by the peer review committee and adopted by the Executive Board, having received the observations of the General Board in supervisory composition as to the consistency of application of the methodologystaff of the Authority, in cooperation with the relevant staff of the non-financial supervisors, and adopted by the Executive Board, which shall share it in a timely manner with other pe non-financial supervisor under review reports. The report shall explain and indicate the follow-up measures that are deemed appropriate, proportionate and necessary as a result of the peer review. Those follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 3 and opinions pursuant to Article 44. The non- financial supervisors shall make every effort to comply with any guidelines and recommendations issued, in accordance with Article 43. The Authority shall transmit such reports without delay, on a confidential basis, at least to the European Parliament.
Amendment 809 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Authority shall publish the findings of the peer review on its website and submit an opinion to the Commission where, having regard to the outcome of the peer review or to any other information acquired by the Authority in carrying out its tasks, it considers that further harmonisation of Union rules applicable to obliged entities in the non-financial sector or to non-financial supervisors would be necessary from the Union’s perspective. The Authority's opinion shall also reflect on the pertinence of reinforcing its powers to oversight the non-financial sector.
Amendment 810 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The Authority shall provide a follow-up report two years after the publication of the peer review report. The follow-up report shall be prepared by the peer review committee and adopted by the Executive Board, having received the observations of the General Board in supervisory composition onstaff of the Authority, in cooperation with the relevant staff of the non-financial supervisors, and adopted by the Executive Board, which shall share it in a timely manner with the cnonsistency with other pe-financial supervisor under review reports. The follow-up report shall include an assessment of the adequacy and effectiveness of the actions undertaken by the non-financial supervisors that were subject to the peer review in response to the follow-up measures of the peer review report. The Authority shall publish the findings of the follow-up report on its website.
Amendment 813 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
7. For the purposes of this Article, the Executive Board shall adopt a peer review work plan every two years, which shall reflect the lessons learnt from the past peer review processes and discussions held in the General Board in supervisory composition. The peer review work plan shall constitute a separate part of the annual and multiannual working programme and shall be included in the Single Programming Document. In case of urgency or unforeseen events, tThe peer review work plan shall take into account geographical balance. The Authority may decide to carry ouem that additional peer reviews. are required, and may establish a new one at its own discretion;
Amendment 817 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 832 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)