Activities of Peter SIMON related to 2013/0025(COD)
Plenary speeches (2)
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Information accompanying transfers of funds (debate) DE
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Information accompanying transfers of funds (debate) DE
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC PDF (151 KB) DOC (72 KB)
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 (90)
Amendment 45 #
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 2 000 or more should be laid down. Within the scope of a risk-based approach, it should, however, be possible to exempt individual gambling service providers from customer due diligence if it can be proven that the risk of money laundering and terrorist financing is non-existent or negligible. 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 92 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – introductory part
Article 3 – paragraph 1 – point 5 – point a – point i – introductory part
(i) the natural person(s) who ultimately owns or controls a legal entity through direct or indirect ownership or control over a sufficient percentage of the shares or voting rights in that legal entity, including through bearer share holdings, other than a company listed on a regulated market that is subject to disclosure requirements consistent with European Union legislation or subject to equivalent international standardsDoes not affect the EN version.
Amendment 95 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point f
Article 3 – paragraph 1 – point 7 – point f
(b) "domestic politically exposed persons" means natural persons who are or who have been entrusted by a Member State with prominent publicimportant political, commercial, industrial or administrative functions;
Amendment 100 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point d – introductory part
Article 3 – paragraph 1 – point 7 – point d – introductory part
(d) "natural persons who are or have been entrusted with prominent publicimportant political, commercial, industrial or administrative functions" shall include the following:
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point d – point vi
Article 3 – paragraph 1 – point 7 – point d – point vi
(vi) members of the administrative, management or supervisory bodies of State owned enterpriseand private enterprises and all types of foundations and other religious and secular associations and establishments.
Amendment 102 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point e – point iii a (new)
Article 3 – paragraph 1 – point 7 – point e – point iii a (new)
(iiia) the children of the spouse or of any partner considered as equivalent to the spouse;
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 131 #
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 2 000 or more should be laid down. Within the scope of a risk-based approach, it should, however, be possible to exempt individual gambling service providers from customer due diligence if it can be proven that the risk of money laundering and terrorist financing is non-existent or negligible. 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 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 139 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that obliged entities have policies, controls and procedures to mitigate and manage effectively the money laundering and terrorist financing risks identified at Union level, Member State level, and at the level of obliged entities. Policies, controls and procedures should be proportionate to the nature and size of those obliged entities and the risk of money laundering and terrorist financing.
Amendment 142 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1 (new)
Article 8 – paragraph 4 – subparagraph 1 (new)
Should the nature and size of an obliged entity prevent it from meeting the requirements referred to in paragraph 4 and/or if the risk of money laundering and terrorist financing is negligible, Member States may lay down requirements which are less stringent than those set out in paragraph 4. Member States shall inform the Commission accordingly.
Amendment 146 #
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) when carrying out occasional transactions amounting to EUR 15 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 147 #
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) for natural or legal persons trading in goods, when carrying out occasional transactions in cash amounting to EUR 7 500 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 152 #
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 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 156 #
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) conducting ongoing monitoring of the business relationship including scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution's or person's knowledge of the customer, the business and risk profile, including, where necessary, the source of funds and ensuring that the documents, data or information held are kept up-to-date.
Amendment 159 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a 1. Where a Member State or an obliged entity identifies areas of no or negligible risk, that Member State may absolve obliged entities from customer due diligence measures. The exemption shall be justified and limited to certain business activities and/or certain obliged entities. 2. The Member State shall inform the Commission accordingly.
Amendment 163 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 164 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that obliged entities carry out sufficient monitoring of the transactions or business relationships to enable the detection of unusual or suspicious transactions.
Amendment 166 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The Member States shall draw up guidelines on the minimum action to be taken by obliged entities, with the exception of the entities referred to in Article 2(1)(1) and (2), in cases in which simplified customer due diligence is appropriate.
Amendment 169 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to in Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010, on the risk factors to be taken into consideration and/or the measures to be taken in situations where simplified due diligence measures are appropriate. Specific account should be taken of the nature and size of the business, and where appropriate and proportionate, specific measures should be foreseen. Theose guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 173 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010 on the risk factors to be taken into consideration and/or the measures to be taken in situations where enhanced due diligence measures need to be applied. Theose guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 176 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
In respect of transactions or business relationships with domestic politically exposed persons or a person who is or has been entrusted with a prominent function by an international organisation, Member States shall, in addition to the customer due diligence measures set out in Article 11, require obliged entities:
Amendment 177 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
Obliged entities shall take reasonable measures to determine whether the beneficiaries of a life or other investment related insurance policy and/or, where required, the beneficial owner of the beneficiary are politically exposed persons. Those measures shall be taken at the latest at the time of the payout or at the time of the assignment, in whole or in part, of the policy. Where there are higher risks identified, in addition to taking normal customer due diligence measures, Member States shall require obliged entities to:
Amendment 178 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The measures referred to in Articles 18, 19 and 20 shall also apply to family members or persons known to be close associates of such politically exposed persons.
Amendment 179 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Where a person referred to in Articles 18, 19 and 20 has ceased to be entrusted with a prominent public functionost by a Member State or a third country or with a prominent function by an international organisation, obliged entities shall be required to consider the continuing risk posed by that person and to apply such appropriate and risk-sensitive measures until such time as that person is deemed to pose no further risk. This period of time shall not be less than 18 months.
Amendment 180 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Member StatesCommission shall consider information available on the level of geographical risk when deciding if a third country meets the conditions laid down in paragraph 1 and shall inform eachthe other, the Commission Member States, the obliged entities and EBA, EIOPA and ESMA to the extent relevant for the purposes of this Directive and in accordance with the relevant provisions of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010, of cases where they consider that a third country meets such conditions.
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 210 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – introductory part
Article 3 – paragraph 1 – point 5 – point a – point i – introductory part
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point b
Article 3 – paragraph 1 – point 7 – point b
(f) "‘domestic politically exposed persons"’ means natural persons who are or who have been entrusted by a Member State with prominent publicolitical, commercial or administrative functions;
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point d – introductory part
Article 3 – paragraph 1 – point 7 – point d – introductory part
(d) "‘natural persons who are or have been entrusted with prominent publicolitical, commercial or administrative functions"’ shall include the following:
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point d – point vi
Article 3 – paragraph 1 – point 7 – point d – point vi
(vi) members of the administrative, management or supervisory bodies of State -owned enterpriseand private enterprises and all types of foundations and other religious and secular associations and establishments.
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point e – point iii a (new)
Article 3 – paragraph 1 – point 7 – point e – point iii a (new)
(iiia) the children of the spouse or of any partner considered as equivalent to the spouse;
Amendment 229 #
Proposal for a directive
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Member States shall ensure that, wherever practicable, timely feedback on the effectiveness of and follow-up to reports of suspected money laundering or terrorist financing is provided to the obliged entities.
Amendment 231 #
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 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 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 257 #
Proposal for a directive
Article 59 – paragraph 1
Article 59 – paragraph 1
Within fourthree years after the date of entry into force of this Directive, the Commission shall draw up a report on the implementation of this Directive in the individual Member States and submit it to the European Parliament and the Council. The report shall also contain information about the assessment of the risk of money laundering and financing of terrorism, the measures taken by the Member States to reduce the risk, their actual implementation and their effectiveness. For the purposes of subparagraph 1, Member States shall inform the Commission annually what steps they have taken to identify, assess, understand and mitigate the money laundering and terrorist financing risks affecting them. Member States shall make available to the Commission all relevant domestic legal and administrative provisions and information about money laundering methods, the effectiveness of the measures taken and investigations into cases of money laundering and terrorist financing.
Amendment 259 #
Proposal for a directive
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
The Commission shall submit to the European Parliament and the Council within one year of the entry into force of this Directive a report on the provisions concerning serious tax offences and punishments in the Member States, on the crossborder significance of tax offences and on the possible need for a coordinated approach in the EU, accompanied if appropriate by a legislative proposal.
Amendment 260 #
Proposal for a directive
Annex 2 – paragraph 1 – point 3 – point a
Annex 2 – paragraph 1 – point 3 – point a
(a) other EU Member States;
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 263 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point c
Annex 3 – paragraph 1 – point 2 – point c
(c) non-face-to-face business relationships or transactions;
Amendment 265 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point e
Annex 3 – paragraph 1 – point 2 – point e
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 281 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that obliged entities have policies, controls and procedures to mitigate and manage effectively the money laundering and terrorist financing risks identified at Union level, Member State level, and at the level of obliged entities. Policies, controls and procedures should be proportionate to the nature and size of those obliged entities and the risk of money laundering and terrorist financing.
Amendment 285 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1 (new)
Article 8 – paragraph 4 – subparagraph 1 (new)
Should the nature and size of an obliged entity prevent it from meeting the requirements referred to in paragraph 4 and/or if the risk of money laundering and terrorist financing is negligible, Member States may lay down requirements which are less stringent than those set out in paragraph 4. Member States shall inform the Commission accordingly.
Amendment 290 #
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) when carrying out occasional transactions amounting to EUR 15 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 291 #
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) for natural or legal persons trading in goods, when carrying out occasional transactions in cash amounting to EUR 7 500 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 301 #
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 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 313 #
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) conducting ongoing monitoring of the business relationship including scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution's or person's knowledge of the customer, the business and risk profile, including, where necessary, the source of funds and ensuring that the documents, data or information held are kept up-to-date.
Amendment 321 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a 1. Where a Member State or an obliged entity identifies areas of no or negligible risk, that Member State may absolve obliged entities from customer due diligence measures. The exemption shall be justified and limited to certain business activities and/or certain obliged entities. 2. The Member State shall inform the Commission accordingly.
Amendment 326 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 328 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that obliged entities carry out sufficient monitoring of the transactions or business relationships to enable the detection of unusual or suspicious transactions.
Amendment 329 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The Member States shall draw up guidelines on the minimum action to be taken by obliged entities, with the exception of the entities referred to in Article 2(1)(1) and (2), in cases in which simplified customer due diligence is appropriate.
Amendment 333 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to in Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010, on the risk factors to be taken into consideration and/or the measures to be taken in situations where simplified due diligence measures are appropriate. Specific account should be taken of the nature and size of the business, and where appropriate and proportionate, specific measures should be foreseen. Those guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 337 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010 on the risk factors to be taken into consideration and/or the measures to be taken in situations where enhanced due diligence measures need to be applied. Those guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 343 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
In respect of transactions or business relationships with domestic politically exposed persons or a person who is or has been entrusted with a prominent function by an international organisation, Member States shall, in addition to the customer due diligence measures set out in Article 11, require obliged entities:
Amendment 346 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
Obliged entities shall take reasonable measures to determine whether the beneficiaries of a life or other investment related insurance policy and/or, where required, the beneficial owner of the beneficiary are politically exposed persons. Those measures shall be taken at the latest at the time of the payout or at the time of the assignment, in whole or in part, of the policy. Where there are higher risks identified, in addition to taking normal customer due diligence measures, Member States shall require obliged entities to:
Amendment 348 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The measures referred to in Articles 18, 19 and 20 shall also apply to family members or persons known to be close associates of such politically exposed persons.
Amendment 351 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Where a person referred to in Articles 18, 19 and 20 has ceased to be entrusted with a prominent public function by a Member State or a third country or with a prominent function by an international organisation, obliged entities shall be required to consider the continuing risk posed by that person and to apply such appropriate and risk-sensitive measures until such time as that person is deemed to pose no further risk. This period of time shall not be less than 18 months.
Amendment 355 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Member StatesCommission shall consider information available on the level of geographical risk when deciding if a third country meets the conditions laid down in paragraph 1 and shall inform each other, the Commissionthe Member States, the obliged entities and EBA, EIOPA and ESMA to the extent relevant for the purposes of this Directive and in accordance with the relevant provisions of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010, of cases where they consider that a third country meets such conditions.
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.
Amendment 464 #
Proposal for a directive
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Member States shall ensure that, wherever practicable, timely feedback on the effectiveness of and follow-up to reports of suspected money laundering or terrorist financing is provided to the obliged entities.
Amendment 467 #
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 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 520 #
Proposal for a directive
Article 59 – paragraph 1
Article 59 – paragraph 1
Within fourthree years after the date of entry into force of this Directive, the Commission shall draw up a report on the implementation of this Directive in the individual Member States and submit it to the European Parliament and the Council. The report shall also contain information about the assessment of the risk of money laundering and financing of terrorism, the measures taken by the Member States to reduce the risk, their actual implementation and their effectiveness. For the purposes of subparagraph 1, Member States shall inform the Commission annually what steps they have taken to identify, assess, understand and mitigate the money laundering and terrorist financing risks affecting them. Member States shall make available to the Commission all relevant domestic legal and administrative provisions and information about money laundering methods, the effectiveness of the measures taken and investigations into cases of money laundering and terrorist financing.
Amendment 522 #
Proposal for a directive
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
The Commission shall submit to the European Parliament and the Council within one year of the entry into force of this Directive a report on the provisions concerning serious tax offences and punishments in the Member States, on the crossborder significance of tax offences and on the possible need for a coordinated approach in the EU, accompanied if appropriate by a legislative proposal.
Amendment 533 #
Proposal for a directive
Annex 2 – paragraph 1 – point 3 – point a
Annex 2 – paragraph 1 – point 3 – point a
(a) other EU Member States;
Amendment 536 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point c
Annex 3 – paragraph 1 – point 2 – point c
Amendment 540 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point e
Annex 3 – paragraph 1 – point 2 – point e