21 Amendments of Jean-Paul GAUZÈS related to 2013/0025(COD)
Amendment 46 #
Proposal for a directive
Recital 13
Recital 13
(13) The use of the gambling sector to launder the proceeds of criminal activity is of concern. In order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling services, an obligation for all providers of gambling services to conduct customer due diligence for single transactions of EUR 23 000 or more should be laid down. Member States should consider applying this threshold to the collection of winnings as well as wagering a stake. Providers of gambling services with physical premises (e.g. casinos and gaming houses) should ensure that customer due diligence, if it is taken at the point of entry to the premises, can be linked to the transactions conducted by the customer on those premises.
Amendment 103 #
Proposal for a directive
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
(11a) ‘Betting transaction' – transaction in the sense of Article 12 of this Directive means all the stages in the commercial relationship between, on the one hand, the gambling service provider and, on the other hand, the customer and the beneficiary of the registration of the bet and the stake until the payout of any winnings.
Amendment 128 #
Proposal for a directive
Recital 13
Recital 13
(13) The use of the gambling sector to launder the proceeds of criminal activity is of concern. In order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling servica major issue in the preservation of public order, whatever types of games, an obligation for all providers of gambling services to conduct customer due diligence for single transactions of EUR 2 000 or more should be laid down. Member States should consider applying this threshold to the collection of winnings as well as wagering a stake. Providers of gambling services with physical premises (e.g. casinos and gaming houses) should ensure that customer due diligence, if it is taken at the point of entry to the premises, can be linked to the transactions conducted by the customre involved. Nevertheless, these games’ characteristics and the fact that they are particularly vulnerable to specific types of money laundering techniques must be taken into account. That is why specific appropriate procedures must be provided for each of the three categories of casinos, providers of online gambling services and other providers on those premisf gambling services.
Amendment 150 #
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) for providers of gambling services, when carrying out occasional transactions amounting to EUR 23 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 153 #
Proposal for a directive
Recital 27
Recital 27
(27) Member States should have the possibility to designate an appropriatprovide the self-regulatory body of the professions referred to in Article 2(1)(3)(a),(b), and (d) aswith the option of being the authority to be informed in the first instance in place of the FIU. In line with the case law of the European Court of Human Rights, a system of first instance reporting to a self- regulatory body constitutes an important safeguard to uphold the protection of fundamental rights as concerns the reporting obligations applicable to lawyers.
Amendment 155 #
Proposal for a directive
Recital 28
Recital 28
(28) Where a Member State decides to make use ofshould allow the exemptions provided for in Article 33(2), it may allow or requireand a Member State should allow the self- regulatory body representing the persons referred to therein not to transmit to the FIU any information obtained from those persons in the circumstances referred to in that Article.
Amendment 160 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By way of derogation from paragraph 1, Member States may allow the verification of the identity of the customer and the beneficial owner to be completed during the establishment of a business relationship or during the execution of the transaction for entities subject to the obligations referred to in Article 2(f) and, at all events, before any winnings are paid out, if this is necessary not to interrupt the normal conduct of business and where there is little risk of money laundering or terrorist financing occurring. In such situations these procedures shall be completed as soon as practicable after the initial contact.
Amendment 190 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f
Article 2 – paragraph 1 – point 3 – point f
(f) providers of gambling servicecasinos.
Amendment 198 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f a (new)
Article 2 – paragraph 1 – point 3 – point f a (new)
(fa) providers of online gambling services;
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f b (new)
Article 2 – paragraph 1 – point 3 – point f b (new)
(fb) other providers of gambling services.
Amendment 232 #
Proposal for a directive
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
(10a) ‘Betting transaction’: transaction in the sense of Article 12 of this Directive that means all the stages in the commercial relationship between, on the one hand, the gambling service provider and, on the other hand, the customer and the beneficiary of the registration of the bet and the stake until the payout of any winnings.
Amendment 233 #
Proposal for a directive
Article 3 – paragraph 1 – point 10 b (new)
Article 3 – paragraph 1 – point 10 b (new)
Amendment 295 #
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) for providers of gambling servicecasinos, when carrying out occasional transactions amounting to EUR 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked; for on-line gambling when establishing the business relationship; for other providers of gambling services, when paying out winnings of EUR 3 000 or less;
Amendment 318 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By way of derogation from paragraph 1, Member States mayshall allow the verification of the identity of the customer and the beneficial owner to be completed during the establishment of a business relationship or during the execution of the transaction for entities subject to the obligations referred to in Article 2 and, at all events, at the time when any winnings are paid out, if this is necessary not to interrupt the normal conduct of business and where there is little risk of money laundering or terrorist financing occurring. In such situations these procedures shall be completed as soon as practicable after the initial contact.
Amendment 433 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
By way of derogation from Article 32(1), Member States mayust, in the case of the persons referred to in Article 2(1)(3)(a), (b), and (d) designate an appropriatprovide the self- regulatory body of the profession concerned aswith the option of being the authority to receive the information referred to in Article 32(1). In all circumstances, Member States must provide the means and manner to achieve the protection of professional secrecy, confidentiality and privacy.
Amendment 434 #
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shallmust not apply the obligations laid down in Article 32(1) to notaries, other independent legal professionals, auditors, external accountants and tax advisors only to the strict extent that such exemption relateswith regard to information they receive from or obtain on one of their clients, in the course of ascertaining the legal position for their client or performing their task of defending or representing that client in, or concerning judicial proceedings, including advice on instituting or avoiding proceedings, whether such information is received or obtained before, during or after such proceedings.
Amendment 445 #
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) in the case of business relationships and transactions, the supporting evidence and records, consisting of the original documents or copies admissible in court proceedings under the applicable national legislation for a period of five years following either the carrying-out of the transactions or the end of the business relationship, whichever period is the shortest. Upon expiration of this period, personal data shall be deleted, unless otherwise provided for by national law, which shall determine under which circumstances obliged entities may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following either the carrying-out of the transactions or the end of the business relationship, whichever period ends first, shall not exceed ten years. However, information may be retained for a longer period where it is necessary to do so in order to give effect to the commercial purposes of transactions or former relationship between the customer and the obliged entity.
Amendment 499 #
Proposal for a directive
Article 56 – paragraph 2 – point a
Article 56 – paragraph 2 – point a
(a) a public statement which indicates the natural or legal person and the nature of the breach, if necessary and proportionate after a case by case evaluation;
Amendment 507 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Member States shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this Directive, if necessary and proportionate after a case by case evaluation, without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets. Where publication would cause a disproportionate damage to the parties involved, competent authorities shallmay publish the sanctions on an anonymous basis.
Amendment 524 #
Proposal for a directive
Annex 2 – paragraph 1 – point 1 – point c a (new)
Annex 2 – paragraph 1 – point 1 – point c a (new)
(ca) beneficial owners of pooled accounts held by notaries and other independent legal professionals from the Member States, or from third countries provided that they are subject to requirements to combat money laundering or terrorist financing consistent with international standards and are supervised for compliance with those requirements and provided that the information on the identity of the beneficial owner is available, on request, to the institutions that act as depository institutions for the pooled accounts.
Amendment 529 #
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e a (new)
Annex 2 – paragraph 1 – point 2 – point e a (new)
(ea) financial products which aim at financial physical assets in the form of leasing agreements or of low value consumer credit, provided the transactions are carried out through bank accounts.