28 Amendments of Mojca KLEVA KEKUŠ related to 2013/0025(COD)
Amendment 111 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. For the purposes of paragraph 1, Europol shall submit an opinion on the money laundering and terrorist financing risks affecting the internal market within one year from the date of entry into force of this Directive.
Amendment 113 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The Commission shall submit a report on the money laundering and terrorist financing risks affecting the internal market to the European Parliament and the Council within 18 months from the date of entry into force of this Directive. The Commission’s report shall cover at least the following aspects: a) identification of the areas of the internal market at greater risk of money laundering and terrorist financing; b) money laundering and terrorist financing risks outside the financial sector; c) the role of EUR 500 notes in criminal activities and money laundering and the impact of a possible discontinuation of the issuing of EUR 500 notes in the eurozone; d) risks related to gambling services. For the purposes of subparagraph 1, the European Banking Authority (hereinafter "EBA"), European Insurance and Occupational Pensions Authority (hereinafter "EIOPA") and European Securities and Markets Authority (hereinafter "ESMA") shall provide a joint opinion on the money laundering and terrorist financing risks affecting the internal market.
Amendment 115 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The opinion shall be provided within 2one years from the date of entry into force of this Directive.
Amendment 118 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinions referred to in paragraph 1, subparagraphs 2 and 1a(new) available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.
Amendment 133 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In carrying out the assessments referred to in paragraph 1, Member States may make useshall take account of the opinions referred to in Article 6(1), subparagraphs 2 and 1a(new), and the Commission’s assessment referred to in Article 6(1) and shall inform the Commission, where appropriate, of any variations noticed when carrying out the assessments referred to in paragraph 1.
Amendment 135 #
Proposal for a directive
Article 7 – paragraph 4 – point a a (new)
Article 7 – paragraph 4 – point a a (new)
(aa) identify, where appropriate, areas at negligible, lower and greater risk of money laundering and terrorist financing;
Amendment 136 #
Proposal for a directive
Article 7 – paragraph 4 – point b a (new)
Article 7 – paragraph 4 – point b a (new)
(ba) use the assessment(s) to ensure that appropriate rules be drawn up for each area, in accordance with the risk of money laundering;
Amendment 137 #
Proposal for a directive
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
(c) make appropriatethe required information available to obliged entities to carry out their own money laundering and terrorist financing risk assessments and develop appropriate policies, controls and procedures to mitigate and manage risks.
Amendment 138 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make the results of their risk assessments available to the other Member States, the Commission, and EBA, EIOPA and ESMA upon request.
Amendment 187 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Member States shall ensure that central registers, commercial registers or company registers within their territory contain information about the beneficial owners of (a) companies of all legal forms, (b) other legal persons, such as foundations, (c) legal arrangements, such as trusts, through which funds are administered or distributed, and (d) express trusts governed by their law established within their territory, enabling the beneficial owners to be clearly identified. The information referred to in paragraphs 1 and 1a shall be updated continuously and without delay in the respective register.
Amendment 192 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the information referred to in paragraphs 1 and 1a of this Article can be accessed in a timely mannerwithout delay by competent authorities and by obliged entities of all Member States in the respective register and that they can check the correctness of the information.
Amendment 194 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall ensure that access to the information referred to in paragraphs 1 and 1a is provided by means of the European platform, the portal and optional access points established by the Member States pursuant to Directive 2012/17/EU. Member States, with the support of the Commission, shall ensure that their central, commercial and company registers are interoperable within the system of register networking through the European platform.
Amendment 198 #
Proposal for a directive
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
2b. The Commission shall submit to the European Parliament and the Council within three years after the entry into force of this Directive a report on the application and mode of functioning of the requirements pursuant to paragraphs 1, 1a, 2 and 2a, if appropriate accompanied by a legislative proposal.
Amendment 209 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entities of all Member States and that they can check the correctness of the information.
Amendment 246 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The Commission shall submit a report on the money laundering and terrorist financing risks affecting the internal market to the European Parliament and the Council within 18 months from the date of entry into force of this Directive. The Commission's report shall cover at least the following aspects: a) identification of the areas of the internal market at greater risk of money laundering and terrorist financing; (b) money laundering and terrorist financing risks outside the financial sector; (c) the role of EUR 500 notes in criminal activities and money laundering and the impact of a possible discontinuation of the issuing of EUR 500 notes in the eurozone; (d) risks related to gambling services. For the purposes of subparagraph 1, the European Banking Authority (hereinafter ‘'EBA’'), European Insurance and Occupational Pensions Authority (hereinafter ‘'EIOPA’') and European Securities and Markets Authority (hereinafter ‘'ESMA’') shall provide a joint opinion on the money laundering and terrorist financing risks affecting the internal market. within one year from the date of entry into force of this Directive.
Amendment 252 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 257 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. For the purposes of paragraph 1, Europol shall submit an opinion on the money laundering and terrorist financing risks affecting the internal market within one year from the date of entry into force of this Directive.
Amendment 261 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinionreport and the opinions referred to in paragraph 1, subparagraphs 2 and 1a(new) available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.
Amendment 272 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In carrying out the assessments referred to in paragraph 1, Member States may make use ofshall take account of the report and the opinions referred to in Article 6(1) and shall inform the Commission, where appropriate, of any variations noticed when carrying out the assessments referred to in paragraph 1.
Amendment 274 #
Proposal for a directive
Article 7 – paragraph 4 – point a a (new)
Article 7 – paragraph 4 – point a a (new)
(aa) identify, where appropriate, sectors or areas at negligible, lower and greater risk of money laundering and terrorist financing;
Amendment 275 #
Proposal for a directive
Article 7 – paragraph 4 – point b a (new)
Article 7 – paragraph 4 – point b a (new)
(ba) use the assessment(s) to ensure that appropriate rules be drawn up for each sector or area, in accordance with the risk of money laundering;
Amendment 276 #
Proposal for a directive
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
(c) make appropriatethe required information available to obliged entities to carry out their own money laundering and terrorist financing risk assessments and develop appropriate policies, controls and procedures to mitigate and manage risks.
Amendment 277 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make the results of their risk assessments available to the other Member States, the Commission, and EBA, EIOPA and ESMA upon request.
Amendment 360 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
Amendment 372 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall ensure that access to the information referred to in paragraphs 1 and 1a is provided by means of the European platform, the portal and optional access points established by the Member States pursuant to Directive 2012/17/EU. Member States, with the support of the Commission, shall ensure that their central, commercial and company registers are interoperable within the system of register networking through the European platform.
Amendment 379 #
Proposal for a directive
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
2b. The Commission shall submit to the European Parliament and the Council within three years after the entry into force of this Directive a report on the application and mode of functioning of the requirements pursuant to paragraphs 1, 1a, 2 and 2a, if appropriate accompanied by a legislative proposal.
Amendment 387 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the information referred to in paragraphs 1 and 1a of this Article can be accessed in a timely mannerwithout delay by competent authorities and by obliged entities of all Member States in the respective register and that they can verify the correctness of the information. Member States shall ensure that the information referred to in paragraphs 1 and 1a of this Article can be accessed by the public.
Amendment 402 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entities of all Member States and that they can verify the correctness of the information. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed by the public.