56 Amendments of Sven GIEGOLD related to 2016/0208(COD)
Amendment 56 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Money laundering activities are carried out by making large use of cash transactions. The spread and the use of on-line bank accounts and other similar payments systems has largely increased in recent years, implying that there is scope to consider adopting a limit to cash transfers at EU level, without imposing a strong burden on households and firms. The Commission shall assess the size of a maximum threshold of cash transfers to be adopted at EU level, leaving to Member States the choice to impose lower thresholds. The assessment has to be carried out within 2 years from the date of entry into force of this directive.
Amendment 63 #
Proposal for a directive
Recital 9
Recital 9
(9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to improve the effectiveness of the list of high-risk third countries established by the Commission by providing for a harmonised treatment of those countries at Union level. This harmonised approach should primarily focus on enhanced customer due diligence measures. Nevertheless, Member States and obliged entities should be allowed to apply additional mitigating measures in addition to enhanced customer due diligence measures, in accordance with international obligations. International organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing may call to apply appropriate counters measures to protect the international financial system from the on- going and substantial money laundering and terrorist financing risks emanating from countries. Member States should enact and apply additional mitigating measures regarding high risk third countries identified by the Commission by taking into account calls for countermeasures such as those expressed by the Financial Action Task Force (FATF). Besides counters measures taken towards high- risk third countries, a comprehensive assessment of AML/CFT regime in place in EEA countries and third countries should constitute a necessary condition for granting passporting and equivalence for the access to the internal market. Access to the internal market might be generally limited, or limited with respect to certain sectors and obliged entities, when weaknesses in the AML/CFT regime are identified.
Amendment 70 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The monitoring of the transposition of Union requirements in national regimes is not sufficient to ensure that national AML/CFT regimes are effective to tackle AML/CFT activities, since shortcomings often stem from the ineffective enforcement of the rules. In this respect, it is crucial for the internal market that the Commission and the ESAs have additional powers to evaluate the consistency of national AML/TF regimes with the EU framework monitoring implementation and enforcement of national rules. ESAs shall be assigned additional powers in the field of AML/CFT, including the powers to carry out onsite assessments in Member States competent authorities, compel the production of any information that is relevant to assessing compliance, issue recommendations for remedial action, make those recommendations public and take measures that are necessary to ensure that their recommendations are effectively implemented;
Amendment 71 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) ESAs should be assigned additional powers in the field of AML/CFT, including the powers to carry out onsite assessments in Member States competent authorities, compel the production of any information that is relevant to assessing compliance, issue recommendations for remedial action, make those recommendations public and take measures that are necessary to ensure that their recommendations are effectively implemented.
Amendment 76 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to overcome the current cooperation difficulties which exist between national FIUs, a European FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases. It would also be particularly suited to an integrated EU financial market and effective in combatting money laundering and terrorist financing in the internal market. The Member States FIU would still be primarily responsible for receiving suspicious transection reports, analysing them and disseminate them to the national competent authority. The EU FIU would lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases.
Amendment 82 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Information on holding and control of immovable property such as buildings and land are not available in all Member States as well as no consolidated data exist on life insurance beneficiaries. Money Laundering activities are carried out also by relying on real estate transactions and through life insurance products. The establishment of central automated mechanisms, such as a register or a data retrieval system, in all Member States is essential to track this information and to support the investigation phase. Member States authorities need to have timely access to this data in order to proceed with cross- border checks and inquiries.
Amendment 120 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Existing data included in the Eurostat special report on Anti-money laundering show that the number of suspicious transaction reports submitted varies significantly across Member States and obliged entities. Data collection needs to be improved with the objective of extending data coverage and enable the information are updated. Member States shall submit to Eurostat statistics on AML to allow the European Statistical office to publish every two years a report summarising and explaining these statistics.
Amendment 122 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37b) A relatively large number of Suspicious Transactions Reports are submitted by credit institutions whereas very few of almost no Suspicious Transactions Reports are submitted by certain other obliged entities, in particular the different types of professional advisers, lawyers and trusts.
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h a (new)
Article 2 – paragraph 1 – point 3 – point h a (new)
(1a) In point (3) of Article 2(1), the following point is inserted: (ha) art galleries and auction houses.
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)
Article 1 – paragraph 1 – point 2 – point -a (new)
Directive 2015/849/EU
Article 3 – point 4 – point f
Article 3 – point 4 – point f
Amendment 144 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a a (new)
Article 1 – paragraph 1 – point 2 – point -a a (new)
Directive 2015/849/EU
Article 3 – point 4 – point f a (new)
Article 3 – point 4 – point f a (new)
(-aa) in point (4), the following point is added: "(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive."
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a b (new)
Article 1 – paragraph 1 – point 2 – point -a b (new)
Directive 2015/849/EU
Article 3 – point 6 – point a – point i – second subparagraph
Article 3 – point 6 – point a – point i – second subparagraph
(-ab) in point (6)(a)(i), second subparagraph is replaced by the following: "A shareholding of 2510 % plus one share or an ownership interest of more than 2510 % in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 2510 % plus one share or an ownership interest of more than 2510 % in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person(s), shall be an indication of indirect ownership. This applies without prejudice to the right of Member States to decide that a lower percentage may be an indication of ownership or control. Control through other means may be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2015/849/EU
Article 3 – point 6 – point b – introductory part
Article 3 – point 6 – point b – introductory part
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2015/849/EU
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2015/849/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
(2a) in Article 7, paragraph 5 is replaced by the following: "5. Member States shall make the results of their risk assessments available to the Commission, the ESAs and the other Member States." A summary of the assessment shall be made publicly available. That summary shall not contain classified information." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2015/849/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2015/849/EU
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
(2c) in Article 7, the following paragraph 5a is added: 5a. The ESAs, through the Joint Committee, and the Commission shall make the recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the ESAs and the Commission thereof and provide a justification of such a decision. If either the justification provided is not deemed satisfactory with the purpose of ensuring a strong AML regimes across the Union or a Member State continues failing to enforce measures to comply with those recommendations, the Commission might additionally recommend that Member States require obliged entities to apply enhanced customer due diligence measures when dealing with natural persons or legal entities operating in a sector or carrying out activities which are identified to be at high risk of money laundering/ terrorism financing.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2015/849/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
In the cases referred to in Articles 198a to 24, as well as in other cases of higher risk that are identified by Member States or obliged entities, Member States shall require obliged entities to apply enhanced customer due diligence measures to manage and mitigate those risks appropriately.;
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 1 – introductory part
Article 18 a – paragraph 1 – introductory part
1. With respect to business relationships or transactions involving high risk third countries, Member States shall require that, when dealing with natural persons or legal entities established in the third countries identified as high-risk third countries pursuant to Article 9 (2), obliged entities shall apply at least all the following enhanced customer due diligence measures:
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 1 – point a
Article 18 a – paragraph 1 – point a
(a) obtaining additional information on the customer and on the beneficial owner;
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 1 – point c
Article 18 a – paragraph 1 – point c
(c) obtaining information on the source of funds or source of wealth of the customer and of the beneficial owner;
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 1 a (new)
Article 18 a – paragraph 1 a (new)
1a. In addition to the measures provided in paragraph 1, Member States shall apply the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union: (a) requiring increased supervisory examination or external audit requirements for branches and subsidiaries of financial institutions based in the country concerned; (b) requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the country concerned.
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 2
Article 18 a – paragraph 2
2. In addition to the measures provided in paragraph 1 and 1a and in compliance with international obligations of the Union, Member States may require obliged entities, when dealing with natural persons or legal entities established in the third countries identified as high-risk third countries pursuant to Article 9(2) to apply one or several additional mitigating measures:
Amendment 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 3
Article 18 a – paragraph 3
3. In addition to the measures provided in paragraph 1 and 1a, Member States may apply one of the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union:
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 3 – point e
Article 18 a – paragraph 3 – point e
Amendment 244 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2015/849/EU
Article 18 a – paragraph 3 – point f
Article 18 a – paragraph 3 – point f
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2015/849/EU
Article 26 – paragraph 2
Article 26 – paragraph 2
(7a) in Article 26, paragraph (2) is replaced by the following: "2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries. Member States may exempt branches and majority-owned subsidiaries of obliged entities established in the Union from that prohibition where those branches and majority-owned subsidiaries fully comply with the group-wide policies and procedures in accordance with Article 45." " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)
Article 1 – paragraph 1 – point 9 – point -a a (new)
Directive 2015/849/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
(-aa) paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current." Member States shall require that the obliged entities report cases of missing or inaccurate disclosures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2015/849/EU
Article 30 – paragraph 8
Article 30 – paragraph 8
(ba) paragraph 8 is replaced by the following: "8. Member States shall require that obliged entities do not rely exclusively on the central register referred to in paragraph 3 to fulfil their customer due diligence requirements in accordance with Chapter II. Those requirements shall be fulfilled by using a risk-based approach." Whenever entering into a new customer relationship with a corporate or other legal entity subject to registration of beneficial ownership information pursuant to paragraph 3, the obliged entities shall collect proof of registration." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1
Article 30 – paragraph 9 – subparagraph 1
In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. Member States shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances, with the evaluation accessible to the Commission upon request. Exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1 –subparagraph 1
Article 31 – paragraph 1 –subparagraph 1
Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand or fideicomiso. Member States shall define the characteristics to determine where legal arrangements have a structure or functions similar to trusts.
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive 2015/849/EU
Article 31 – paragraph 2
Article 31 – paragraph 2
(aa) paragraph 2 is replaced by the following: "2. Member States shall ensure that trustees and other beneficial owners disclose their status and provide the information referred to in paragraph 1 to obliged entities in a timely manner where, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the thresholds set out in points (b), (c) and (d) of Article 11." ." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 308 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive 2015/849/EU
Article 31 – paragraph 3 a
Article 31 – paragraph 3 a
3a. The information referred to in paragraph 1 shall be held in a central register referred to in Article 30(3) set up by the Member State where the trust is administered;
Amendment 319 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1
Article 31 – paragraph 4 a – subparagraph 1
The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation that can demonstrate a legitimate interest.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2
Article 31 – paragraph 4 a – subparagraph 2
The information accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and year of birth, the nationality and the country of residence of the beneficial owner as defined in Article 3(6)(b).
Amendment 327 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 b
Article 31 – paragraph 4 b
4b. Whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable.;
Amendment 330 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d a (new)
Article 1 – paragraph 1 – point 10 – point d a (new)
Directive 2015/849/EU
Article 31 – paragraph 5
Article 31 – paragraph 5
(da) paragraph 5 is replaced by the following: "5. Member States shall require that the information held in the central register referred to in paragraph 4 is adequate, accurate and up-to-date." Member States shall require that the obliged entities report cases of missing or inaccurate disclosures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1
Article 31 – paragraph 7 a – subparagraph 1
In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. Member States shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances, with the evaluation accessible to the Commission upon request. Exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h a (new)
Article 1 – paragraph 1 – point 10 – point h a (new)
Directive 2015/849/EU
Article 31 – paragraph 10 a (new)
Article 31 – paragraph 10 a (new)
(ha) the following paragraph 10a is added: "10a. Member States shall notify to the Commission the categories and characteristics of the legal arrangements that have been identified pursuant to the paragraph 1 within 12 months from the entry into the force of this Directive and upon expiry of that period the Commission should publish within 2 months in the Official Journal of the European Union the consolidated list of such legal arrangements. By 26 June 2020, the Commission shall submit a report to the European Parliament and to the Council assessing whether all legal arrangements which have a structure and function similar to trusts governed under the law of Member States were duly identified and made subject to the obligations as set out in this Directive. Where appropriate, the Commission shall take the necessary steps to act upon the findings of that report."
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 32 a – paragraph 3 a (new)
Article 32 a – paragraph 3 a (new)
3a. By 26 June 2019, the Commission shall submit a report to the European Parliament and to the Council assessing the conditions and the technical specifications and procedures for ensuring safe and efficient interconnection of the central registries. Where appropriate, that report shall be accompanied by a legislative proposal.
Amendment 370 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2015/849/EU
Article 32 b (new)
Article 32 b (new)
Amendment 373 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2015/849/EU
Article 34 – paragraph 2 – subparagraph 1 a (new)
Article 34 – paragraph 2 – subparagraph 1 a (new)
(13a) in article 34(2), the following subparagraph is added: The exemption shall not apply in the case of suspicions of tax evasion, tax avoidance and tax fraud.
Amendment 376 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2015/849/EU
Article 38
Article 38
(13a) Article 38 is replaced by the following: "Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally, externally or to the FIU, are protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions." , civil claims and criminal charges linked to such disclosure." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Directive 2015/849/EU
Article 48 – paragraph 1
Article 48 – paragraph 1
(16b) in Article 48, paragraph 1 is replaced by the following: In particular, Member States shall require the competent authorities to monitor effectively, and to take the measures necessary to ensure, compliance with this Directivectivities of persons whom AML/CFT related tasks are delegated by obliged entities and self-regulatory bodies.
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 c (new)
Article 1 – paragraph 1 – point 16 c (new)
Directive 2015/849/EU
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
(16c) in Article 48, the following paragraph 1a is inserted: 1a. Member States shall ensure that one competent authority operates as supervising AML/CFT authority, which shall be structurally independent. The supervising AML/CFT authority shall ensure supervision and coordination of anti-money laundering activities carried out by other competent authorities and law enforcement bodies to ensure that all obliged entities are subject to adequate supervision including inspections, preventions, monitoring and remedial actions. The supervising AML/CFT authority shall serve as a contact point for the supervising AML/CFT authorities of the other Member States, the Commission and the ESAs.
Amendment 393 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2015/849/EU
Article 48 a (new)
Article 48 a (new)
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2015/849/EU
Article 50 a – subparagraph 1a (new)
Article 50 a – subparagraph 1a (new)
Member States shall establish a common cooperation framework for competent authorities responsible for supervising credit and financial institutions for compliance with their AML/CFT obligations.
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Directive 2015/849/EU
Article 51
Article 51
Amendment 408 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2015/849/EU
Article 57
Article 57
Differences between national law definitions of tax crimpredicate offences shall not impede the ability of FIUs to provide assistance to another FIU and shall not limit the exchange, dissemination and the use of information pursuant to Articles 53, 54 and 55.;
Amendment 411 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Amendment 413 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive 2015/849/EU
Article 58 – paragraph 2 – subparagraph 2 a (new)
Article 58 – paragraph 2 – subparagraph 2 a (new)
(21a) In Article 58(2), the following subparagraph is added: Member States shall ensure that, in cases of breaches which are subject to criminal sanctions, law enforcement authorities are properly informed about such breaches.
Amendment 423 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive 2015/849/EU
Article 64 – paragraph 2
Article 64 – paragraph 2
(21a) In Article 64, paragraph 2 is replaced by the following: "2. The power to adopt delegated acts referred to in Article 9 and Article 48a shall be conferred on the Commission for an indeterminate period of time from 25 June 2015." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 424 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)
Article 1 – paragraph 1 – point 21 b (new)
Directive 2015/849/EU
Article 64 – paragraph 5
Article 64 – paragraph 5
(21b) In Article 64, paragraph 5 is replaced by the following: "5. A delegated act adopted pursuant to Article 9 and Article 48a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)
Amendment 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2015/849/EU
Article 65 – subparagraph 1 a
Article 65 – subparagraph 1 a
Amendment 444 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The disclosure of beneficial ownership information as referred to in paragraph 1 shall be ensured through the central registers referred to in Article 30(3) and Article 31(3a) of Directive 2015/849.
Amendment 454 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 4
Article 7 b – paragraph 4
4. In exceptional circumstances laid down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case-by-case basis. Member States shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances, with the evaluation accessible to the Commission upon request. Exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse. Any exemption granted must be clearly indicated in the register.