BETA

29 Amendments of Margarida MARQUES related to 2021/0240(COD)

Amendment 316 #
Proposal for a regulation
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:
2022/07/05
Committee: ECONLIBE
Amendment 321 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 333 #
Proposal for a regulation
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];
2022/07/05
Committee: ECONLIBE
Amendment 354 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 355 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 397 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 447 #
Proposal for a regulation
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:
2022/07/05
Committee: ECONLIBE
Amendment 449 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) approaches to supervisory review of money laundering and terrorist financing risk self-assessments of obliged entities;
2022/07/05
Committee: ECONLIBE
Amendment 477 #
Proposal for a regulation
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.
2022/07/05
Committee: ECONLIBE
Amendment 504 #
Proposal for a regulation
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.
2022/07/05
Committee: ECONLIBE
Amendment 547 #
Proposal for a regulation
Article 12 – paragraph 3 – point i a (new)
(ia) crypto-asset service providers;
2022/07/05
Committee: ECONLIBE
Amendment 571 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 575 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 578 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 579 #
Proposal for a regulation
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;
2022/07/05
Committee: ECONLIBE
Amendment 580 #
Proposal for a regulation
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.
2022/07/05
Committee: ECONLIBE
Amendment 587 #
Proposal for a regulation
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.
2022/07/05
Committee: ECONLIBE
Amendment 614 #
Proposal for a regulation
Article 13 – paragraph 1 c (new)
1c. The application of the criteria laid down in paragraph 1 shall be subject to a ceiling of 40 credit institutions or financial institutions or crypto-asset service providers. Where the application of the criteria laid down in paragraph 1 leads to a number of selected obliged entities which would exceed this ceiling, credit institutions or financial institutions or crypto-asset service providers with highest share of non-resident customers in Member States where risk is deemed high shall qualify as selected obliged entities.
2022/07/05
Committee: ECONLIBE
Amendment 725 #
Proposal for a regulation
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.
2022/06/29
Committee: ECONLIBE
Amendment 792 #
Proposal for a regulation
Article 30 a (new)
Article 30a Breach of Union Law 1. Where a supervisory authority has not applied measures laid down in Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] or the national legislation transposing that Directive, or has applied measures in a way which appears to be a breach of Union law, in particular by failing to ensure that an entity under its supervision satisfies the requirements laid down in Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], the Authority shall act in accordance with the powers set out in paragraphs 2, 3, 4, 6 and 7 of this Article. 2. Upon request from one or more supervisory authorities, the European Parliament, the Council, the Commission, or on its own initiative, including when this is based on well-substantiated information from natural or legal persons, and after having informed the supervisory authority concerned, the Authority shall outline how it intends to proceed with the case and, where appropriate, investigate the alleged breach or non-application of Union law. The supervisory authority shall, without delay, provide the Authority with all information which the Authority considers necessary for its investigation including information on how the Union acts or in that legislation referred to in Article 1(2) are applied in accordance with Union law. Whenever requesting information from the supervisory authority concerned has proven, or is deemed to be, insufficient to obtain the information that is deemed necessary for the purposes of investigating an alleged breach or non- application of Union law, the Authority may, after having informed the supervisory authority, address a duly justified and reasoned request for information directly to other supervisory authorities. The addressee of such a request shall provide the Authority with clear, accurate and complete information without undue delay. 3. The Authority may, not later than six months from initiating its investigation, address a recommendation to the supervisory authority concerned setting out the action necessary to comply with Union law. Before issuing such a recommendation, the Authority shall engage with the supervisory authority concerned, where it considers such engagement appropriate in order to resolve a breach of Union law, in an attempt to reach agreement on the actions necessary for compliance with Union law. The supervisory authority shall, within ten working days of receipt of the recommendation, inform the Authority of the steps it has taken or intends to take to ensure compliance with Union law. 4. Where the supervisory authority has not complied with Union law within one month from receipt of the Authority’s recommendation, the Commission may, after having been informed by the Authority, or on its own initiative, issue a formal opinion requiring the supervisory authority to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation. The Commission shall issue such a formal opinion within three months after the adoption of the recommendation. The Commission may extend this period by one month. The Authority and the supervisory authority shall provide the Commission with all necessary information. 5. The supervisory authority shall, within ten working days of receipt of the formal opinion referred to in paragraph 5, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion. 6. Where a supervisory authority does not comply with the formal opinion within the period specified therein, to remedy such non-compliance in a timely manner, the Authority may adopt an individual decision addressed to a non- selected obliged entity requiring it to take all necessary action to comply with its obligations under Union law. To that effect, the Authority shall apply all relevant Union law, and, where that Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised. The decision of the Authority shall be in conformity with the formal opinion issued by the Commission pursuant to paragraph 4. 7. Decisions adopted in accordance with paragraph 6 shall prevail over any previous decision adopted by the supervisory authority on the same matter. When taking action in relation to issues which are subject to a formal opinion pursuant to paragraph 5 or to a decision pursuant to paragraph 7, supervisory authorities shall comply with the formal opinion or the decision, as the case may be.
2022/06/29
Committee: ECONLIBE
Amendment 793 #
Proposal for a regulation
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).
2022/06/29
Committee: ECONLIBE
Amendment 795 #
Proposal for a regulation
Chapter II – Section 5 – title
5 OVERSIGHTINDIRECT SUPERVISION OF NON- FINANCIAL SECTOR
2022/06/29
Committee: ECONLIBE
Amendment 802 #
Proposal for a regulation
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;
2022/06/29
Committee: ECONLIBE
Amendment 807 #
Proposal for a regulation
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.
2022/06/29
Committee: ECONLIBE
Amendment 809 #
Proposal for a regulation
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.
2022/06/29
Committee: ECONLIBE
Amendment 810 #
Proposal for a regulation
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.
2022/06/29
Committee: ECONLIBE
Amendment 813 #
Proposal for a regulation
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;
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 832 #
Proposal for a regulation
Article 32 a (new)
Article 32a Requests to step-in by a supervisory authority in the non-financial sector 1. A supervisory authority in the non- financial sector may request the Authority to assume the direct supervision of obliged entities in the non-financial sector, including all relevant tasks and powers to that effect. 2. The supervisory authority in the non-financial sector request shall: (a) identify the obliged entity in the non-financial sector which, in the view of the relevant supervisory authority, should be under direct supervision of the Authority; (b) describe the reasoning for its request, including a justification to why the Authority’s direct supervision of the relevant obliged entity is of added-value; (c) indicate a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers. 3. The request shall be accompanied by a report indicating the supervisory history and risk profile of the relevant obliged entity. 4. The Authority shall duly consider the request and consult with the supervisory authority concerned prior to the Executive Board’s final decision as to whether the transfer of competences is justified. 5. If the Authority disagrees with the request, it shall notify the supervisory authority in the non-financial sector about its decision, including a written justification that addresses the reasoning provided in accordance with paragraph 2, point (b). 6. If the Authority agrees with the request, it shall notify the authority in the non-financial sector about its decision, and request the Commission about the transfer of relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the obliged entity in the non-financial sector from the supervisory authority concerned to the Authority. 7. The request from the Authority to the Commission pursuant to paragraph 5 shall: (a) identify the obliged entity in the non-financial sector which, in the view of the supervisory authority in the non- financial sector, should be under direct supervision of the Authority; (b) describe the reasoning of the relevant supervisory authority’s initial request and the measures that the Authority intends to take in relation to the relevant obliged entity upon the transfer of the relevant tasks and powers, (c) indicate a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers; 8. The Commission shall have one month from the date of receipt of the request from the Authority to adopt a decision whether to authorise the transfer of the relevant tasks and powers or to oppose it. The decision shall be notified to the Authority, which shall immediately inform the relevant supervisory authority and obliged entity thereof. 9. On the tenth working day after the notification of the decision authorising the transfer of tasks and powers, the obliged entity referred to in paragraph 2 shall fall under direct supervision of the Authority. The Commission decision shall set a time-limit for the exercise of these tasks and powers, upon the expiry of which they shall be automatically transferred back to the supervisory authority concerned. 10. To that effect, the Authority shall apply relevant Union law, and where such Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised.
2022/06/29
Committee: ECONLIBE