Activities of Clare DALY related to 2021/0250(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849
Amendments (70)
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
To that end, the Commission shall, at the latest by [42 years after the date of transposition of this Directive], draw up a report identifying, analysing and evaluating those risks at Union level. Thereafter, the Commission shall update its report every fourthree years. The Commission may update parts of the report more frequently, if appropriate. Following its adoption, the Commission shall make the report available to the public.
Amendment 392 #
Proposal for a directive
Article 7 – paragraph 2 – point -a (new)
Article 7 – paragraph 2 – point -a (new)
(-a) identification and ranking of Member States, analysing their financial and legal structures in relation to risks of money laundering and terrorist financing and covering at least the following issues: (i) compliance with Union and international anti-money laundering standards; (ii) lack of corporate transparency; (iii) financial secrecy legislation and bank secrecy; (iv) financial size of Member States' financial sector; (v) functioning of whistleblower protection mechanisms; (vi) legislation on corporate tax and corporate tax disclosure; (vii) facilitation and reception of inward and outward illicit financial flows.
Amendment 393 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the most widespread means used to launder illicit proceeds, including, where available, those particularly used in transactions between Member States and third countries, including the setting up of shell companies, trade mis-invoicing, and storing funds in lower tax jurisdictions, independently of the identification of a third country pursuant to Section 2 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final];
Amendment 398 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall make recommendations to Member States on the measures suitable for addressing the identified risks and deficiencies in their financial and legal structures, and make those recommendations available to the public. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a detailed justification for such a decision. The Commission shall make the justifications available to the public.
Amendment 404 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. In conducting the assessment referred to in paragraph 1, the Commission shall organise the work at Union level, and shall take into account the opinions referred to in paragraph 4 and shall involve thes well as those issued by Member States' experts in the area of AML/CFT, representatives from national supervisory authorities and FIUs, independent civil society and financial watchdogs as well as AMLA and other Union level bodies where appropriate. The Commission shall organise consultations and appropriate follow up with the entities listed in this paragraph.
Amendment 405 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Within 2 years ofFollowing the adoption of the report referred to in paragraph 1, and every four yearsthe updates issued thereafter, the Commission shall submit a report to the European Parliament and to the Council on the actions taken based on the findings of that report. The Commission shall consult the European Parliament and the Council on any initiatives to reform AML/CFT regulation at the Union level.
Amendment 412 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Each Member State shall carry out a national risk assessment to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. It shall keep that risk assessment up to date and review it at least every fourthree years.
Amendment 423 #
Proposal for a directive
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(ba) identify deficiencies in legal and financial structures that contribute to higher risks of money laundering and terrorist financing;
Amendment 435 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and, prosecutors and whistleblower prostecutortion mechanisms, as well as the allocated human and financial resources to the extent that this information is available.
Amendment 438 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1 a (new)
Article 8 – paragraph 4 – subparagraph 1 a (new)
When drawing up the report referred to in paragraph 1, Member States shall include information from their consultations with civil society organisations, academia, FIUs, police and standard setters with competence in the AML/CFT field.
Amendment 477 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Where no person is identified as beneficial owner pursuant to Article 45(2) and (3) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], the central register shall include:Member States shall ensure that legal entities and legal arrangements identify the top 10 natural persons holding the majority of shares or voting rights.
Amendment 478 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
Amendment 484 #
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
Amendment 493 #
Proposal for a directive
Article 10 – paragraph 5 – introductory part
Article 10 – paragraph 5 – introductory part
5. Member States shall require that the beneficial ownership information held in the central registers is relevant, adequate, accurate and up-to-date. For that purpose, Member State shall apply at least the following requirements:
Amendment 503 #
Proposal for a directive
Article 10 – paragraph 5 – point b
Article 10 – paragraph 5 – point b
(b) competent authorities, if appropriate and to the extent that this requirement does not interfere unnecessarily with their functions, shall report to the entity in charge of the central registers any discrepancies they find between beneficial ownership information available in the central registers and the beneficial ownership information available to them.
Amendment 517 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Member States shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies and ensure up-to-date information, including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information. A specific mention of the fact that there are discrepancies reported shall be included in the central registers and visible at least to competent authorities and obliged entities.
Amendment 525 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. In the case of corporate and other legal entities, Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to carry out checks, including on-site investigations at the premises or registered office of the legal entity, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is relevant, accurate, adequate and up-to- date. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner.
Amendment 535 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
9. Member States shall ensure that the entity in charge of the central register is empowered to impose effective, proportionate and dissuasive measures or sanctions for failures to provide the register with relevant, accurate, adequate and up- to-date information about their beneficial ownership.
Amendment 543 #
Proposal for a directive
Article 10 – paragraph 12
Article 10 – paragraph 12
12. The information referred to in paragraph 1 shall be available through the national registers and through the system of interconnection of central beneficial ownership registers for at least five years and no more than 10 years after the corporate or other legal entity has been struck off from the register.
Amendment 550 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that competent authorities have timely, unrestricted and free access to the information held in the interconnected central registers referred to in Article 10, without alerting the entity or arrangement concerned.
Amendment 551 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access to the central registers referred to in Article 10 shall be granted to FIUs, supervisory authorities, public authorities with designated responsibilities for combating money laundering or terrorist financing, as well as tax authorities and authorities that have the function of investigating or prosecuting money laundering, its predicate offences and terrorist financing, tracing and seizing or freezing and confiscating criminal assets. Access by these authorities shall be granted to the extent necessary for the performance of tasks of these authorities for the purpose of the identification of money laundering and the financing of terrorism referred to Article 1(b). Self- regulatory bodies shall be granted access to the registers when performing supervisory functions.
Amendment 554 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 (new)
Article 11 – paragraph 2 – subparagraph 1 (new)
Access to the central registries referred to in Article 10 by tax authorities and self- regulatory bodies shall be strictly limited to the purpose of identifying money laundering and financing of terrorism.
Amendment 562 #
Proposal for a directive
Article 12 – title
Article 12 – title
12 Specific access rules to beneficial ownership registers for the public interest purposes
Amendment 563 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that anyjournalists, investigative bodies, NGOs, researchers, members of regional and national Parliaments, members of the general public hasEuropean Parliament and individuals who seek access to beneficial ownership registries for the purpose of identifying money laundering, financing of terrorism or corporate misconduct or for other public interest purposes have access to the following information held in the interconnected central registers referred to in Article 10:
Amendment 565 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) in the case of legal entities or legal arrangements, at least the name, the month and year of birth and the country of residence and nationality of the beneficial owners as well as the nature and extent of the beneficial interest held;, the date they became beneficial owners, their status as local or foreign politically exposed persons (PEP) and the full ownership chain.
Amendment 568 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) in case of express trusts or similar legal arrangements, the name, the month and year of birth and the country of residence and nationality of the beneficial owners as well as the nature and extent of the beneficial interest held, provided that a legitimate interest can be demonstratedthe date they became beneficial owners and their status as local or foreign politically exposed persons (PEP).
Amendment 577 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States may choose to make beneficial ownership information held in their central registers available to the publicpersons and entities referred to in paragraph 1 on the condition of authentication using electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014 of the European Parliament and of the Council.46 and the payment of a fee, which shall not exceed the administrative costs of making the information available, including costs of maintenance and developments of the register. _________________ 46 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 580 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 582 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 598 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 601 #
Proposal for a directive
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
Amendment 676 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that their FIUs have to the extent necessary for the performance of their tasks:
Amendment 678 #
Proposal for a directive
Article 18 – paragraph 1 – point a – introductory part
Article 18 – paragraph 1 – point a – introductory part
(a) immediate and, with the exception of point (ii), direct access to at leastaccess to the following financial information:
Amendment 692 #
Proposal for a directive
Article 18 – paragraph 1 – point b – introductory part
Article 18 – paragraph 1 – point b – introductory part
(b) immediate and, with the exception of point (xiv), direct access to at leastaccess to the following administrative information:
Amendment 703 #
Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access to the following law enforcement information:
Amendment 720 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs respond in a timely manner to reasoned requests for information by other competent authorities in their respective Member State or Union authorities competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering, its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under this Directive. The decision on conducting the dissemination of information shall remain with the FIU.
Amendment 726 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for information.
Amendment 736 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction that is proceeding. Such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis to the competent authorities. Member States shall ensure that subject to national procedural safeguards, the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity.
Amendment 739 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The FIU shall be empowered to impose such suspension, directly or indirectly, at the request of an FIU from another Member State for the periods and under the conditions specified in the national law of the FIU receiving the request.
Amendment 759 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
FIUs shall disseminate the report to obliged entities. Such report shall be made public within four months of its dissemination, except for the elements of the report which contain classified information. The information contained therein shall not permit the identification of any natural or legal person.
Amendment 774 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Member States shall ensure that FIUs cooperate with each other and with their counterparts in third countries to the greatest extent possible, regardless of their organisational status.
Amendment 792 #
Proposal for a directive
Article 24 – paragraph 5 – introductory part
Article 24 – paragraph 5 – introductory part
5. Member States shall ensure that the FIU to whom the request is made is requirallowed to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information referred to in paragraph 1 from another FIU.
Amendment 813 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 818 #
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. In the case of the obliged entities referred to in Article 3, points (3)(a), (b) and (d), of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], Member States may allow the function referred to in paragraph 1 of this Article to be performed by self-regulatory bodies, provided that those self-regulatory bodies have the powers referred to in paragraph 5 of this Article and have adequate financial, human and technical resources to perform their functions. Member States shall ensure that staff of those bodies are of high integrity and appropriately skilled, and that they. Supervisors shall maintain high professional standards, including standards of confidentiality, data protection and standards addressing conflicts of interest.
Amendment 822 #
Proposal for a directive
Article 29 – paragraph 6 – point 1 (new)
Article 29 – paragraph 6 – point 1 (new)
(1) In order to ensure the application of Union legislation on the protection of personal data, Member States shall provide that supervisors cooperate, pro- actively and on request, with the supervisory authorities established in accordance with Article 51 of Regulation (EU) 2016/679
Amendment 825 #
Proposal for a directive
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. Member States shall ensure that supervisors apply a risk-based approach to supervision. To that end, Member States shall ensure that they:
Amendment 854 #
Proposal for a directive
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Member States may authorise financial supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. Such cooperation agreements shall comply with applicable data protection rules for data transfers and, be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in Article 50(1). Confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only.
Amendment 858 #
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the information exchanged originates in another Member State, it shall only be disclosed with the explicit consent of the financial supervisor which shared it and, where appropriate, solely for the purposes for which that supervisor gave its consent.
Amendment 863 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. For the purposes of paragraph 1, AMLA mayshall lend such assistance as may be necessary to assess the equivalence of professional secrecy requirements applicable to the third country counterpart.
Amendment 888 #
Proposal for a directive
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. In the event of a breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], Member States shall ensure that where obligations apply to legal persons, administrative sanctions and measures can be applied to theseparately and individually, to the legal person as a whole, its senior management and to other natural persons who under national law are responsible for the breach.
Amendment 889 #
Proposal for a directive
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
Member States shall ensure that where supervisors identify breaches which are likely subject to criminal sanctions, they inform the authorities competent for investigating and prosecuting criminal activities in a timely manner.
Amendment 890 #
Proposal for a directive
Article 39 – paragraph 5 – point e a (new)
Article 39 – paragraph 5 – point e a (new)
(ea) the damage to society at large;
Amendment 899 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Member States shall ensure that in the cases referred to in paragraph 1, the maximum pecuniary sanctions that can be applied to legal persons amount at least to twice the amount of the benefit derived from the breach where that benefit can be determinEUR 10 000 000 or 10% of the total annual turnover, whichever is higher, and to natural persons at least to twice the amount of the benefit derived, or at least EUR 15 000 000.
Amendment 904 #
Proposal for a directive
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) in the case of a legal person, maximum administrative pecuniary sanctions of at least EUR 10 000 000 or 10 % of the total global annual turnover according to the latest available accounts approved by the management body, whichever is higher; where the obliged entity is a parent undertaking or a subsidiary of a parent undertaking which is required to prepare consolidated financial accounts in accordance with Article 22 of Directive 2013/34/EU of the European Parliament and of the Council49 , the relevant total global annual turnover shall be the total annual turnover or the corresponding type of income in accordance with the relevant accounting regime according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking; _________________ 49 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 906 #
Proposal for a directive
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) in the case of a natural person, maximum administrative pecuniary sanctions of at least EUR 5 000 000 or, in the Member States whose currency is not the euro, the corresponding value in the national currency on [please insert the date of entry into force of this Directive]the date that the fine is issued.
Amendment 924 #
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision. The publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. Member States shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature.
Amendment 925 #
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 1 – introductory part
Article 42 – paragraph 1 – subparagraph 1 – introductory part
Where the publication of the identity of the persons responsible as referred to in the first subparagraph or the personal data of such persons is considered by the supervisors to be disproportionate following a case-by-case assessment, or where publication jeopardises the stability of financial markets or an on-going investigation, supervisors shall:
Amendment 926 #
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 1 – point c
Article 42 – paragraph 1 – subparagraph 1 – point c
Amendment 927 #
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Where Member States permit publication ofsupervisors publish decisions against which there is an appeal, supervisors shall also publish, immediately, on their official website such information and any subsequent information on the outcome of such appeal. Moreover, any decision annulling a previous decision to impose an administrative sanction or a measure shall also be published.
Amendment 929 #
Proposal for a directive
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3a. Member States shall ensure that supervisors draw up a report on an annual basis containing relevant statistical information on the sanctions issued and measures taken. That report shall contain a summary of the breaches sanctioned and the amounts of fines. The report shall be made public.
Amendment 937 #
Proposal for a directive
Article 43 – paragraph 2 – point a
Article 43 – paragraph 2 – point a
(a) specific procedures for the receipt of reports on breaches by both anonymous and non-anonymous individuals and their follow-up;
Amendment 939 #
Proposal for a directive
Article 43 – paragraph 2 – point b
Article 43 – paragraph 2 – point b
(b) appropriate protection for employees or persons in a comparable position,as well as access to legal and financial advice for employees, board members, shareholders, contractors, subcontractors, suppliers, trainees and former workers of obliged entities who report breaches committed within the obliged entity;
Amendment 940 #
Proposal for a directive
Article 43 – paragraph 2 – point b a (new)
Article 43 – paragraph 2 – point b a (new)
(ba) the obligation for supervisors to follow up on reports and keep the whistleblower informed within a reasonable timeframe.
Amendment 942 #
Proposal for a directive
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. Member States shall ensure that individuals, including employees and representatives of the obliged entity referred to in Article 2(b) who report potential or actual breaches of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] internally or to the FIU, civil society organisations and organisations acting in the public interest are legally protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.
Amendment 943 #
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 1
Article 43 – paragraph 3 – subparagraph 1
Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting potential or actual breaches of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] internally or to the FIU are entitled to present a complaint in a safe manner to the respective competent authorities. Without prejudice to the confidentiality of information gathered by the FIU, Member States shall also ensure that such individuals have the right to effective remedy to safeguard their rights under this paragraph and to full reparation of damages through financial compensation and non-financial remedies.
Amendment 995 #
Proposal for a directive
Article 53 – paragraph 1 – introductory part
Article 53 – paragraph 1 – introductory part
1. To the extent that it is strictly necessary for the purposes of this Directive, Member States may provide that competent authorities may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and personal data relating to criminal convictions and offences referred to in Article 10 of that Regulation subject to appropriate safeguards for the rights and freedoms of the data subject and the following additional safeguards:
Amendment 996 #
Proposal for a directive
Article 53 – paragraph 1 – point b a (new)
Article 53 – paragraph 1 – point b a (new)
(ba) processing is limited to personal data relating to criminal convictions and offences related to money laundering and terrorist financing handed down in countries where the rule of law, and fundamental rights, in particular the presumption of innocence, the right of defence and right of a fair trial are respected.
Amendment 997 #
Proposal for a directive
Article 53 – paragraph 1 – point c
Article 53 – paragraph 1 – point c
Amendment 998 #
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The safeguards referred to in paragraph 1 shall also apply to the processing for the purposes of this Directive of special categories of data referred to in Article 10(1) of Regulation (EU) 2018/1725 andby Union institutions, agencies or bodies for the purposes of this Directive personal data relating to criminal convictions and offences referred to in Article 11 of that rRegulation by Union institutions, agencies or bodies(EU) 2018/1725.
Amendment 999 #
Proposal for a directive
Article 53 – paragraph 2 – point 1 (new)
Article 53 – paragraph 2 – point 1 (new)
(1) Where Member States make use of this Article, they shall at the same time ensure that in application of Article 83(7) of Regulation (EU) 2016/679, administrative fines under that Regulation may be imposed on public authorities and bodies implementing this Regulation.