BETA

39 Amendments of Eero HEINÄLUOMA related to 2021/0240(COD)

Elisabetta GUALMINI, Eero HEINÄLUOMA

Proposal for a regulation
Recital 8 a (new)

(8a) The Authority should have the necessary power and financial means to supervise and coordinate the FIUs in their actions to ensure that transfers of crypto-assets are not used for money laundering and financing of terrorism purposes, or to circumvent the restrictive measures taken by the Union against Russia, in response to the recent war in Ukraine.

2022/03/09
Committee: BUDG

Elisabetta GUALMINI, Eero HEINÄLUOMA

Proposal for a regulation
Recital 44

(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period of at least three years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced.

2022/03/09
Committee: BUDG

Elisabetta GUALMINI, Eero HEINÄLUOMA

Proposal for a regulation
Article 5 – paragraph 1 – point f

(f) monitor and support the implementation of asset freezes under the Union restrictive measures across the internal market;, with a particular attention to transfers of crypto-assets and virtual currencies, so that they are not used for money laundering and financing of terrorism purposes, or to circumvent the restrictive measures taken by the Union against Russia, in response to the recent war in Ukraine.

2022/03/09
Committee: BUDG

Elisabetta GUALMINI, Eero HEINÄLUOMA

Proposal for a regulation
Article 52 – paragraph 7 – introductory part

7. During a period of onthree years after ceasing to hold office, the former members of the Executive Board, including the Chair of the Authority, are prohibited from engaging in a gainful occupational activity with

2022/03/09
Committee: BUDG

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 2 – paragraph 1 – point 2

(2) ‘non-selected obliged entity’ means a credit institution, a financial institution, a crypto-asset service provider or a group of credit institutions or financial institutions or crypto-asset service providers at the highest level of consolidation in the Union, other than a selected obliged entity;

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 5 – paragraph 1 – point f

(f) monitor and support the implementation of asset freezes, seizures and confiscations under the Union restrictive measures across the internal market;

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 5 – paragraph 3 – point g a (new)

(ga) settle disagreements on cross border situations on the measures to be taken by supervisory authorities in relation to an obliged entity;

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)

(da) facilitate the functioning of colleges of supervisors of the non- financial sector in the area of AML/CFT, including the use of its common instruments to provide guidance;

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)

(ca) to settle, with a binding effect, disagreements between supervisory authorities in cross-border situations, including within AML colleges of supervisors.

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 11 – paragraph 3

3. The Authority may request supervisory authorities and non- AML/CFT authorities to provide other information in addition to that referred to in ~~paragraph 2~~this article. The supervisory authorities and non-AML/CFT authorities shall update any provided information. Before requesting information in accordance with this paragraph, and in order to prevent the duplication of reporting obligations, the Authority may take into account existing and relevant statistics produced and disseminated by other authorities.

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 11 c (new)

Article 11c Information requested to supervisory authorities 1. Supervisory authorities and the Authority shall provide each other with all the necessary information to carry out their respective tasks regarding selected and non-selected obliged entities. The Authority may, in particular, request any type of information that it requires to fulfil its mandate and to exercise its powers effectively. 2. Where information is not available, the Authority may request supervisory authorities to gather the relevant information. 3. Where information requested under paragraph 1 or 2 is not made available by supervisory authorities in a timely manner, the Authority may address a request directly to the obliged entities. The supervisory authority shall be informed of the request.4. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information. Upon a duly justified request to the Authority, the addressees may ask for a single extension of the deadline.5. The Authority shall develop draft regulatory technical standards setting out the modalities with regard to information requests addressed to obliged entities as provided in this Article and in Article 16.6. The Authority shall submit the draft regulatory technical standards to the Commission by [1 January 2025]. The Commission is empowered to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 38 of this Regulation.

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Paul TANG, Jonás FERNÁNDEZ

Proposal for a regulation
Article 12 – paragraph 4 – point a

(a) with respect to customer-related risk: the share of non-resident customers, the presence and share of customers identified as Politically Exposed persons (‘PEPs’), or resident in jurisdictions listed in the EU list of non-cooperative jurisdictions for tax purposes and jurisdictions identified and designated as referred to in Chapter III Section 2 of [please insert reference – proposal for Anti-Money Laundering Regulation], or high net worth individuals as referred to in Article 36a of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]; ;

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG, Jonás FERNÁNDEZ

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG, Jonás FERNÁNDEZ

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG, Jonás FERNÁNDEZ

Proposal for a regulation
Article 12 – paragraph 4 – point c – point iii

(iii) the volume of activity of ~~virtual~~crypto- assets service providers registered or licensed in third countries and operating as financial institutions in the Union.

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG, Jonás FERNÁNDEZ

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. ~~The following~~All obliged entities ~~shall~~assessed pursuant to Article 12 that are considered to have a high inherent risk profile in at least two Member States shall be eligible to qualify as a selected obliged entity:.

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 13 – paragraph 1 b (new)

1b. following the application of the criteria laid down in paragraph 1a, where multiple obliged entities have a high inherent risk profile in that Member State, the selected obliged entity shall be the one with the highest share of non-resident customers.

2022/07/05
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 20 – paragraph 2 – point i

(i) to propose the withdrawal of licence of a selected obliged entity to the authority that has granted such license. In case the authority that granted the licence decides not to follow the Authority’s proposal, it shall provide a reasoned justification.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 29 – paragraph 1 – introductory part

1. The Authority shall ensure, within the scope of its powers and without prejudice to the powers of the relevant financial supervisors pursuant to Article 36 [OP please insert the next number to the AMLD, COM(2021)423], that AML supervisory colleges are established and functioning consistently for non-selected obliged entities operating in several Member States in accordance with Article 36 [OP please insert the next number to the AMLD, COM(2021)423]. To that end, the Authority ~~may~~shall:

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 29 – paragraph 1 – point f a (new)

(fa) mediate and resolve conflicts between participating financial supervisors through legal binding mediation powers;

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 29 – paragraph 1 – point f b (new)

(fb) 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.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 29 – paragraph 2 a (new)

2a. The Authority shall have a legally binding mediation role to resolve disputes between competent authorities in accordance with the procedure set out in Article 29a. The Authority may take supervisory decisions directly applicable to the institution concerned in accordance with Article 29a.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Paul TANG, Jonás FERNÁNDEZ

Article 29a Binding mediation in the event of disagreements 1. In the specified cases laid down in Directive [please insert reference to the 6th Anti-money Laundering Directive] and without prejudice to the powers laid down in section III, the Authority may assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 of this Article in either of the following circumstances: (a) at the request of one or more of the competent authorities concerned where a competent authority disagrees with the procedure or content of an action, proposed action, or inactivity of another competent authority; (b) on its own initiative, where on the basis of objective reasons, disagreement can be determined between competent authorities. In cases where Union law requires a joint decision to be taken by competent authorities and where, in accordance with those acts, the Authority may assist, on its own initiative, in reaching an agreement in accordance with the procedure set out in paragraphs 2, 3 and 4 of this Article, the competent authorities concerned, a disagreement shall be presumed in the absence of a joint decision being taken by those authorities within the time limits set out in those acts. 2. The competent authorities concerned shall notify the Authority without undue delay that an agreement has not been reached in the following cases: (a) where a time limit for reaching an agreement between competent authorities has been provided for in Union law, and either of the following occurs: (i) the time limit has expired; or (ii) at least two competent authorities concerned conclude that a disagreement exists, on the basis of objective reasons; (b) where no time limit for reaching an agreement between competent authorities has been provided for in the legislative acts referred to in Article 1(2), and either of the following occurs: (i) at least two competent authorities concerned conclude that a disagreement exists on the basis of objective reasons; or (ii) two months have elapsed from the date of receipt by a competent authority of a request from another competent authority to take certain action in order to comply with those acts and the requested authority has not adopted a decision that satisfies the request. 3. The Executive Board shall assess whether the Authority should act in accordance with paragraph 1. Where the intervention is on the Authority’s own initiative, the Authority shall notify the competent authorities concerned of its decision regarding the intervention. Pending the Authority’s decision, in cases where Union law requires a joint decision to be taken, all competent authorities involved in the joint decision shall defer their individual decisions. Where the Authority decides to act, all the competent authorities involved in the joint decision shall defer their decisions until the procedure set out in paragraphs 4 and 5 is concluded. 4. The Authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in Union law and the complexity and urgency of the matter. At that stage the Authority shall act as a mediator. 5. Where the competent authorities concerned fail to reach an agreement within the conciliation phase referred to in paragraph 4, the Authority may take a decision requiring those authorities to take specification, or to refrain from certain action, in order to settle the matter, and to ensure compliance with Union law. The decision of the Authority shall be binding on the competent authorities concerned. The Authority’s decision may require competent authorities to revoke or amend a decision that they have adopted or to make use of the powers which they have under the relevant Union law. The Authority shall notify the competent authorities concerned of the conclusion of the procedures under paragraphs 4 and 5 together with, where applicable, its decision taken under paragraph 5. 6. Without prejudice to the powers of the Commission pursuant to Article 258 TFEU, where a competent authority does not comply with the decision of the Authority, and thereby fails to ensure that a financial institution or, in the context of matters relating to the prevention and countering of money laundering or of terrorist financing, a financial sector operator complies with requirements directly applicable to it by virtue of the relevant Union law, the Authority may adopt an individual decision addressed to that financial institution or financial sector operator requiring it to take necessary action to comply with its obligations under Union law, including the cessation of any practice. The Authority may also adopt a decision in accordance with the first subparagraph of this paragraph where the relevant requirements of the relevant Union law are not directly applicable to financial sector operators. 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. 7. Decisions adopted under paragraph 6 shall prevail over any previous decision adopted by the competent authorities on the same matter. Any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 5 or 6 shall be compatible with those decisions. 8. The Chair of the Authority shall set out the nature and type of disagreements between competent authorities, the agreements reached and the decisions taken to settle such disagreements in the annual report of the Authority.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Jonás FERNÁNDEZ

Proposal for a regulation
Article 30 – title

~~Requests to act~~Actions by the Authority in exceptional circumstances

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Jonás FERNÁNDEZ

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eero HEINÄLUOMA, Margarida MARQUES

Proposal for a regulation
Chapter II – Section 5 – title

5 ~~OVERSIGHT~~INDIRECT SUPERVISION OF NON- FINANCIAL SECTOR

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES, Paul TANG, Luis GARICANO, Ernest URTASUN

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Margarida MARQUES

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: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 32 b (new)

Article 32b Request to act in exceptional circumstances 1. Supervisory authorities in the non- financial sector shall notify the Authority where the situation of any obliged entity in the non-financial sector with regard to its compliance with applicable requirements and its exposure to money laundering and terrorism financing risks deteriorates rapidly or significantly, especially where such deterioration could lead to significant harm to the integrity or reputation of the Member State where that entity operates, several Member States or of the Union as a whole. 2. Following the notification process laid down in paragraph 1, or specific adverse events or developments brought to the attention of the Authority, in particular through the notification mechanism under Article 76, the Authority may, where it has indications of possible or actual breaches by a obliged entity in the non-financial sector, request the relevant supervisory authority to: (a) investigate possible breaches of Union law, and where such Union law is composed of Directives or explicitly grants options for Member States, breaches of national law to the extent that it transposes Directives or exercises options granted to Member States by Union law, by an obliged entity; and (b) consider imposing sanctions in accordance with directly applicable Union law or national law transposing Directives on that entity in respect of such breaches. Where necessary, the Authority may also request a supervisory authority in the non-financial sector to adopt an individual decision addressed to that entity requiring it to undertake all necessary actions to comply with its obligations under directly applicable Union law or under national law, to the extent that it transposes Directives or exercises options granted to Member States by Union law, including the cessation of any practice. 3. The supervisory authority concerned shall comply with any request addressed to it in accordance with paragraph 2 and shall inform the Authority, as soon as possible and within ten working days from the day of the notification of such request at the latest, of the steps it has taken or intends to take to comply with that request. 4. Where the supervisory authority concerned does not comply with the request referred to in paragraph 2 and does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority may request the Commission to grant permission to transfer the 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. 5. The request from the Authority shall contain: (a) a description of the potential or actual breaches of the directly applicable requirements by an identified obliged entity in the non-financial sector and a justification that such breaches fall within the scope of competence of the Authority; (b) a justification why the request to the supervisory authority in the non- financial sector did not result in any action taken within the set time-limit; (c) a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers; (d) a description of the measures that the Authority intends to take in relation to the obliged entity in the non-financial sector upon the transfer of the relevant tasks and powers to address the possible or material breaches referred to in paragraph 2. 6. 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. 7. On the tenth working day after the notification of the decision authorising the transfer of tasks and powers, the obliged entity in the non-financial sector 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.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Paul TANG, Jonás FERNÁNDEZ

Proposal for a regulation
Article 36 a (new)

Article 36a Peer reviews of FIUs 1. The Authority shall periodically conduct peer reviews of the fulfilment by FIUs of requirements laid down in Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] 2. The Authority shall develop methods to allow for an objective assessment and comparison between the FIUs reviewed. 3. The peer reviews under this Article shall be carried out by the staff of the Authority in cooperation with the relevant staff of the FIUs. 4. The peer review shall include an assessment of, but shall not be limited to: (a) the adequacy of powers and financial, human and technical resources, the degree of independence, the governance arrangements and professional standards of FIUs to ensure the effective application of Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]; (b) the effectiveness and the degree to which FIUs have direct and timely access to information as required by Article 18 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]; (c) the degree and extent to which suspicious transaction reports by obliged entities are duly followed-up on and investigated; (d) the degree and extent to which FIUs exchange information, respond to requests and cooperate with other FIUs in a timely and efficient manner, including through joint analysis requests; (e) the degree and extent to which feedback provided by FIUs to obliged entities is meaningful and useful to help obliged entities report suspicious transactions and focus customer due diligence on a risk-sensitive basis (f) the application of best practices developed by FIUs whose adoption might be of benefit for other FIUs; 4. The Authority shall produce a report setting out the results of the peer review. That peer review report shall be prepared by the staff of the Authority, in cooperation with the relevant staff of the FIUs, and adopted by the Executive Board, which shall share it in a timely manner with the FIU under review. The report shall explain and indicate the follow-up measures that are deemed appropriate, proportionate and necessary as a result of the peer review. The FIUs shall make every effort to comply with any guidelines and recommendations issued, in accordance with Article 43. 5. The Authority shall publish a summary of the findings of the peer review on its website. 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 staff of the Authority, in cooperation with the relevant staff of the FIUs, and adopted by the Executive Board, which shall share it in a timely manner with the FIU under review. The follow-up report shall include an assessment of the adequacy and effectiveness of the actions undertaken by the FIU that were subject to the peer review in response to the follow-up measures of the peer review report. The Authority shall share it in a timely manner with the FIU under review and then publish the findings of the follow-up report on its website. 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 FIU 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, the Authority may decide to carry out additional peer reviews.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Paul TANG, Jonás FERNÁNDEZ

Proposal for a regulation
Article 37 – paragraph 5 a (new)

5a. The Executive Board may suspend access to FIU.net for a specific FIU where the report of the peer review in accordance with Article 36a concludes that requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU, as set out in Article 17 of the [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], have not been fulfilled.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA, Paul TANG, Jonás FERNÁNDEZ

Proposal for a regulation
Article 76 a (new)

Article 76a Protection of whistleblowers 1. The Authority shall put in place effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Regulation, Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420final] and Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive -COM/2021/423 final].For that purpose, the Authority shall provide secure communication channels for the reporting referred to in the first subparagraph. Such channels shall ensure that the identity of persons providing information is known only to the Authority. The mechanisms referred to in the first subparagraph of this paragraph shall include at least: (a) specific procedures for the receipt of reports on breaches and their follow- up; (b) appropriate protection for employees or persons in a comparable position, of obliged entities who report breaches committed within the obliged entity; (c) appropriate protection for the accused person; (d) protection of personal data concerning both the person who reports the breaches and the natural person who is allegedly responsible for a breach, in compliance with the principles laid down in Regulation (EU)2016/679; (e) clear rules that ensure that confidentiality is guaranteed in all cases in relation to the person who reports the breaches committed within the obliged entity, unless disclosure is required by national law in the context of further investigations or subsequent judicial proceedings. 2. The Authority shall ensure that individuals, including employees and representatives of the obliged entity and financial supervisors, who report to the Authority actual or potential breaches of in accordance with the first subparagraph, are legally protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council. 3. The Authority shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting to the Authority actual or potential breaches in accordance with this first subparagraph are entitled to present a complaint to the Authority in a safe manner. The Authority shall also ensure that such individuals have the right to an effective remedy to safeguard their rights under this paragraph. 4. Where the Authority deems that the submitted information contains evidence or significant indications of a material breach, it shall provide feedback to the reporting person.

2022/06/29
Committee: ECON LIBE

Pedro MARQUES, Aurore LALUCQ, Elisabetta GUALMINI, Eva KAILI, Eero HEINÄLUOMA

Proposal for a regulation
Article 77 – paragraph 1 a (new)

1a. By ... [12 months after the date of entry into force of this Regulation], the Authority shall conclude a memorandum of understanding with the authorities referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to obliged entities.

2022/06/29
Committee: ECON LIBE