Activities of Ivo STREJČEK related to 2013/0025(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing PDF (706 KB) DOC (782 KB)
Amendments (9)
Amendment 26 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Money laundering is the processing of 'dirty money' or criminal proceeds by disguising their illegal origin(s), changing their form(s), or moving the 'legitimized' funds back to the real economy, and whereas natural and legal persons and entire jurisdictions that actively or passively participate in money laundering activities enable the development and profitability of organized crime, which consequently undermines legal business activity, threatens the sustainability of the Union's market economy and social welfare models.
Amendment 27 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The implementation and enforcement of this Directive should not result in unjustified or disproportionate costs for payment service providers and citizens who use their services, and the freedom of legal capital movement is to be fully guaranteed throughout the EU.
Amendment 31 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Whereas the Commission should actively engage with the other FATF members and FATF-Style Regional Bodies (FSRBs), with a view to carefully monitoring the impact of this Directive on payment service providers outside the Union and shall strengthen cooperation, where appropriate, with third-country competent authorities responsible for investigating and penalising money laundering and terrorist activities.
Amendment 56 #
Proposal for a directive
Recital 25
Recital 25
(25) All Member States have, or should, set up financial intelligence units (hereinafter referred to as FIUs) to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. Suspicious transactions should be reported to the FIUs, which should serve as a national centre for receiving, analysing and disseminating to the competent authorities suspicious transaction reports and other information regarding potential money laundering or terrorist financing. This should not compel Member States to change their existing reporting systems where the reporting is done through a public prosecutor or other law enforcement authorities, as long as the information is forwarded promptly and unfiltered to FIUs, allowing them to perform their tasks properly, including international cooperation with other FIUs. It is important that Member States provide FIUs with both the necessary resources to ensure their full operational capacity to deal with the current challenges posed by money laundering and terrorist financing, and needed competences to ensure an effective cooperation between FIUs.
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) "self-regulatory body" means a body that has power, recognised by national law, to establish the obligations and rules governing a certain profession or a certain field of economic activity, which must be complied with by natural or legal persons in that profession or field who elect their representatives into the governing structures of the self-regulated body, thus legitimizing its role;
Amendment 181 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
EBA, EIOPA and ESMA shall issue guidelines on the implementation of the supervisory regime by the competent authorities in the relevant Member States for group entities to ensure coherent and effective group level supervision. Those guidelines shall be issued within two years of the date of entry into force of this Directive and made public.
Amendment 182 #
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) the effective implementation of requirements referred to in point (b) is supervised at group level by a home competent authority in cooperation with host competent authorities in the EU.
Amendment 230 #
Proposal for a directive
Article 44 – paragraph 3
Article 44 – paragraph 3
3. In respect of the obliged entities referred to in Article 2(1)(3) (a), (b), (d) and (e), Member States shall ensure that competent authorities or entrusted self-regulatory bodies take the necessary measures to prevent criminals or their associates from holding or being the beneficial owner of a significant or controlling interest, or holding a management function in those obliged entities.
Amendment 247 #
Proposal for a directive
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
For the purpose of point (e), where the legal person is an EU-based subsidiary of a parent undertaking, the relevant total annual turnover shall be the total annual turnover resulting from the consolidated account of the ultimate parent undertakingsubsidiary in the preceding business year.