[ParlTrack]

Luis GARICANO, Aurore LALUCQ, Kira Marie PETER-HANSEN, Damien CARÊME, Evelyn REGNER

Proposal for a directive
Recital 44 a (new)

(44a) An electronic system integrating information on beneficial ownership, bank account and crypto-asset wallets, land and real estate, and beneficial ownership data of relevant high value goods or assets should be established through a single interface. For this purpose, technical measures and specifications should be developed.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Recital 74

(74) There have been a number of cases where employees who have reported their suspicions of money laundering have been subjected to threats or hostile action. It is crucial that this issue be addressed to ensure effectiveness of the AML/CFT system. Member States should be aware of this problem and should do whatever they can to protect individuals, including employees and representatives of the obliged entity, from such threats or hostile action, and to provide, in accordance with ~~national law,~~the Whistleblower Directive (EU 2019/1937 of the European Parliament and the Council of 23 October 2019) appropriate protection to such persons, particularly with regard to their right to the protection of their personal data and their rights to effective judicial protection and representation.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 1 – paragraph 1 – point c

(c) the set-up and access to beneficial ownership, bank account, high value good and assets and real estate registers;

2022/06/27
Committee: ECON LIBE

Luis GARICANO, Aurore LALUCQ, Kira Marie PETER-HANSEN, Damien CARÊME, Evelyn REGNER

Proposal for a directive
Article 2 – paragraph 2 – point 8 a (new)

(8a) "relevant high value goods or assets” means the following tangible or intangible assets, provided their estimated value is above EUR 250.000 or the equivalent in national currency, at the time of acquisition: (a) watercrafts; (b) aircrafts; (c) motor vehicles; (d) works of art and other cultural goods, including virtual ones; (e) jewellery, precious metals and stones; (f) financial and insurance products and crypto-assets.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 4 – title

Requirements relating to certain ~~service provider~~obliged entities

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that currency exchange and cheque cashing offices, ~~and trust or company servi~~in addition to obliged entities referred to in Article 3, points (3) (a), (b), (c) (d), (e), (h), (k), (l), (la), (lb) and (lc) of Regulation [please insert reference – pro~~viders are either licensed or register~~posal for Anti-Money Laundering Regulation - COM/2021/420 final], and entities operating free zones and customs warehouses are licensed.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall ensure that licensing procedures or regulation under paragraphs 1 and 2 require applicants to demonstrate good understanding of risks of money laundering and terrorism financing in their sector of activity. AML/CFT training provided under licensing procedures by supervisors shall be free of charge.

2022/06/27
Committee: ECON LIBE

Luis GARICANO, Aurore LALUCQ, Kira Marie PETER-HANSEN, Damien CARÊME, Evelyn REGNER

Proposal for a directive
Article 4 a (new)

Article 4a Requirements relating to the collection of beneficial ownership data of relevant high value goods or assets 1. Member States shall ensure that the following natural or legal persons acting in the exercise of their professional activities provide beneficial ownership information relating to their customers who own or acquire relevant high value goods or assets to the entities in charge of the registers referred to in Article 16a point (2), in addition to information referred to in point 3 of the same Article, where appropriate: (a) central securities depositories, insurance undertakings and insurance intermediaries; (b) persons trading in jewellery, precious metals and stones; (c) other persons trading in relevant high value goods such auction houses, art dealers; (d) persons storing, trading or acting as intermediaries in the trade of relevant high value goods when this is carried out within free zones and customs warehouses; (e) crypto-asset service providers. 2. Member States shall ensure that the obliged entities referred to in point (1) provide beneficial ownership information to the entities in charge of the registers referred to in Article 16a point (2) no longer than 14 days after the establishment of the business relationship. 3. Where national law of Member States already provides for specific procedures for the registration of acquisition or ownership of specific relevant high value goods or assets, including through registers or data retrieval systems, Member States may leave those procedures and systems in place, provided that beneficial ownership information is available in equivalent terms as those laid down in this Article.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 5 – paragraph 1

1. Member States may require electronic money issuers as defined in Article 2(3) of Directive 2009/110/EC44 , payment service providers as defined in Article 4(11) of Directive (EU) 2015/2366 and crypto-assets service providers operating through agents or through any other natural person or legal person which act on their behalf located in the host Member State and operating under either the right of establishment or the freedom to provide services, and whose head office is situated in another Member State, to appoint a central contact point in their territory. That central contact point shall ensure, on behalf of the entity operating on a cross-border basis, compliance with AML/CFT rules and shall facilitate supervision by supervisors, including by providing supervisors with documents and information on request. _________________ 44 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall require supervisors to verify that the members of the senior management in the obliged entities referred to in Article 4 including obliged entities referred to in Article 3, points (3)(a), (b), (d), (e) and (h) to (l), of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] , and the beneficial owners of such entities, act with honesty and integrity. Senior management of such entities should also be of good repute and possess knowledge and expertise necessary to carry out their functions.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 12 – paragraph 2

2. Member States ~~may choose to~~shall make beneficial ownership information held in their central registers available to the public on the condition of authentication using electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014 of the European Parliament and of the Council46 and the payment of a fee, which shall not exceed the administrative costs of making the information available, including costs of maintenance and develreferred to in paragraph 1 online, in machine readable and opments of the register. _________________ 46 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73) format, free of charge.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 12 – paragraph 2 a (new)

2a. Article 12a Searches in Beneficial Ownership Register 1. The European Central Platform established by Article 22(1) of Directive (EU) 2017/1132 shall serve as a central search service making available all information related to beneficial ownership in the EU. Competent authorities, self-regulatory bodies and obliged entities as referred in Article 11, as well as members of the general public as referred in Article 12 shall be able to make searches of beneficial ownership information through this platform. 2. The following harmonised criteria shall be searchable through the centralised mechanisms referred to in paragraph 1: (a) with regard to the companies or other legal entities, the trusts or similar arrangements: (i) name of the legal entity or arrangement; (ii) national registration number. The search criteria under (i) and (ii) can be used alternatively. (b) with regard to persons as beneficial owners: (i) first name and surname of the beneficial owner; (ii) month and year of birth of the beneficial owner. The search criterion under (i) and (ii) can be used alternatively. (c) with regard to nominee shareholders and nominee directors: (i) first name and surname of the nominee shareholder and nominee director; Member States may make available further search criteria on the portal. 3. The central search service shall make available the ability to flag inconsistencies.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 16 – paragraph 1 – introductory part

1. Member States shall provide competent authorities with ~~access~~timely access, via a via a single access point in each Member State, to information which allows the identification in a timely manner of any natural or legal person owning real estate, ~~including~~either through public registers or electronic data retrieval systems ~~where such registers or systems are available~~, provided that the data is available in machine- readable format and that interoperability can be ensured. Where the real estate is owned by a legal person or arrangement, the information on the beneficial owner shall be available, either directly in the register referred to in paragraph 1, or in the beneficial ownership register under Article 10, including where the legal person is a foreign legal entity or arrangement, as required under Article 48 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation]. Competent authorities shall also have access to information allowing the identification and analysis of transactions involving real estate, including their economic value and details of the natural or legal persons involved in those transactions including, where available, whether the natural or legal person owns, sells or acquires real estate on behalf of a legal arrangement.

2022/06/27
Committee: ECON LIBE

Luis GARICANO, Aurore LALUCQ, Kira Marie PETER-HANSEN, Damien CARÊME, Evelyn REGNER

Proposal for a directive
Article 16 b (new)

Article 16b Access to beneficial ownership information of relevant high value goods and assets 1. Member States shall provide competent authorities with direct, unrestricted and immediate access to information which allows the identification of any natural or legal person, and the beneficial owners thereof, including where the legal person is a foreign legal entity or arrangement owning the following relevant high value goods or assets: (a) tangible assets such as watercrafts, aircrafts, motor vehicles, precious metals and stones and jewellery, works of art and other cultural goods, including virtual ones; (b) intangible assets such as financial and insurance products and crypto-assets. 2. Member States shall ensure that information referred to in paragraph 1 is available to competent authorities, either through registers or electronic data retrieval systems, which should ensure that the data is available in machine- readable format and interoperability. FIUs shall be granted direct and immediate access to the registers and information referred to in the first and second paragraph. 3. Member States shall also ensure that where the market value of goods referred to in paragraph 1 is stated or estimated above EUR 1 000 000 or the equivalent in national currency, the information referring to purchase contract, which should include at least the identification of parties involved in the transaction, means of payment and the source of funds is included and available in the register or electronic data retrieval system referred to in paragraph 2, and can be provided to competent authorities without delay. 4. By [3 months after the date of transposition of this Directive], Member States shall notify the Commission the list of competent authorities that were granted access to the registers or systems referred to in paragraph 2 and the type of information available to them. Member States shall update such notification when changes to the list of competent authorities or to the extent of access to information granted occurs. The Commission shall make that information, including any change to it, available to the other Member States. 5. By [2 years after the date of entry into force of this Directive], AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall lay down a list of specific high-value assets. The Commission is empowered to adopt the regulatory technical standards referred to in this Article in accordance with Article 43 of Regulation [please insert reference –proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421final]. 6. The registers or electronic data retrieval systems referred to in paragraph 2 shall be interconnected via the European Asset Data (EAD) single access point to be developed and operated by the Commission by [4 years after the date of entry into force of this Directive]. The Commission is empowered to adopt, by means of implementing acts, the technical specifications and procedures for the connection of the Member States' registers to the single access point. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2). 7. Where national law of Member States already provides for specific procedures for the registration of acquisition or ownership of specific relevant high value goods or assets, including through registers or data retrieval systems, Member States may leave those procedures and systems in place, provided that beneficial ownership information is available in equivalent terms as those laid down in this Article.

2022/06/27
Committee: ECON LIBE

Luis GARICANO, Aurore LALUCQ, Kira Marie PETER-HANSEN, Damien CARÊME, Evelyn REGNER

Proposal for a directive
Chapter II – Section 3 a (new)

3a. Searches in the European Central Platform Article 16c Searches in the European Central Platform 1. The European Central Platform, established by Article 22(1) of Directive (EU) 2017/1132, shall serve as a central search service making available all information related to beneficial ownership, bank account and crypto-asset wallets, land and real estate, and the beneficial ownership of relevant high value goods and assets . 2. Competent authorities, self- regulatory bodies, obliged entities and the public as referred to in Article 11 shall be able to search information on beneficial ownership through the European Central Platform. The following harmonised search criteria shall be searchable through the European Central Platform:(a) with regard to the companies or other legal entities, the trusts or similar arrangements: (i) name of the company or other legal entity, trust or similar arrangement; (ii) national registration number; (iii) the month and year of establishment of the company or other legal entity, trust or similar arrangement; (iii) the nature and extent of the interest held by the company or other legal entity, trust or similar arrangement. (b) with regard to persons as beneficial owners: (i) the name of the beneficial owner; (ii) the month and year of birth of the beneficial owner; (iii) the country of residence and/or nationality of the beneficial owner; (iv) the nature and extend of the beneficial interest held. 3. Competent authorities, self- regulatory bodies and obliged entities shall be able to search information on bank account and crypto-asset wallets through the European Central Platform. The search criteria referred to in Article 14 (3) shall be harmonised and searchable through the European Central Platform. 4. Competent authorities, self- regulatory bodies and obliged entities shall be able to search information on land and real estate through the European Central Platform. By [two years after the date of entry into force of this Directive], the Commission shall develop draft regulatory technical standards to set out the list of harmonised search criteria on land and real estate information searchable through the European Central Platform. 5. Competent authorities, self- regulatory bodies and obliged entities shall be able to search information on the beneficial ownership of relevant high value goods and assets through the European Central Platform. By [four years after the date of entry into force of this Directive], the Commission shall develop draft regulatory technical standards to set out the list of harmonised search criteria on beneficial ownership information of relevant high value goods and assets searchable through the European Central Platform. 6. The Commission is empowered to supplement this Directive by adopting the regulatory technical standards referred to in paragraphs 4 and 5 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 17 – paragraph 7 a (new)

7a. AMLA shall periodically conduct peer reviews of all the activities of FIUs the purposes of assessing whether the requirements set out in this Article, including tools and resources, have been fulfilled.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 18 – paragraph 1 – point a – introductory part

(a) immediate and~~, with the exception of point (ii),~~ direct access to at least the following financial information:

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part

(c) direct ~~or indirect~~ access to the following law enforcement information:

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

~~3. In the cases where the FIUs are provided with indirect access to information, the requested authority shall respond to the request in a timely manner.~~deleted

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 33 – paragraph 2

2. In addition to Article 5, obliged entities wishing to exercise the freedom to provide services by carrying out activities within the territory of another Member State for the first time shall notify the supervisors of the home Member State of the activities which they intend to carry out. Such notification shall also be required where provision of cross-border services is carried out by agents of the obliged entity or through any other natural person or legal person which act on their behalf.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

5. Where the supervisors of the home and host Member State disagree on the measures to be taken in relation to an obliged entity, they ~~may~~shall refer the matter to AMLA and request its assistance in accordance with Articles 5 and 10 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. AMLA shall ~~provide its advice on~~decide the matter of disagreement within one month, and issue binding instructions on the necessary measures to be taken by the supervisor of either the home or host Member State.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 34 – paragraph 5 – subparagraph 1

AMLA may act in accordance with the powers conferred on it under Articles 5 and 10 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. When doing so, AMLA shall ~~provide its opinion~~decide on the subject-matter of the request within one month and issue binding instructions to financial supervisors on the measures to be taken.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 34 – paragraph 6

6. Member States shall ensure that the provisions of this Article also apply to the supervision of groups of obliged entities other than credit or financial institutions. Member States shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership, management or compliance control, including networks or partnerships, cooperation and exchange of information between supervisors is facilitated.deleted

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 34 a (new)

Article 34a Supervision of groups of obliged entities other than credit or financial institutions 1. Member States shall ensure that the provisions of Article 34 also apply to non- financial supervisors in the supervision of groups of obliged entities other than credit or financial institutions. Member States shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership, management or compliance control, including networks or partnerships, cooperation and exchange of information between supervisors is facilitated. 2. By [2 years after the date of entry into force of this Directive], AMLA shall, in cooperation with supervisors and Authorities overseeing self-regulatory bodies, develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall: a) establish criteria to identify groups of obliged entities other than credit or financial institutions which are part of structures which operate cross borders and share common ownership, management, or compliance control, including networks or partnerships; b) detail the respective duties of the home and host supervisors, and the modalities of cooperation between them, in particular the exchange of relevant information to assess inherent or residual risk exposure of an obliged entity other than credit or financial institutions in another Member State c) provide guidance on the instances where cooperation and exchange of information between financial supervisors and non-financial supervisors is relevant and on the modalities of such cooperation. 3. The Commission shall adopt the regulatory technical standards referred to in the point (2) in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421final].

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 35 – paragraph 1

Supervisors, including AMLA and non- AML/CFT authorities, shall inform each other of instances in which the law of a third country does not permit the implementation of the policies, controls and procedures required under Article 13 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. In such cases, coordinated actions may be taken by supervisors to pursue a solution. In assessing which third countries do not permit the implementation of the policies, controls and procedures required under Article 13 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], supervisors shall take into account any legal constraints that may hinder proper implementation of those policies and procedures, including professional secrecy, an insufficient level of data protection and other constraints limiting the exchange of information that may be relevant for that purpose.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 36 – paragraph 5

5. AMLA shall attend the meetings of the AML/CFT supervisory colleges and shall facilitate their work in accordance with Article 29 of Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final]. AMLA shall also have the power to intervene where disagreements arise between supervisors participating in the supervisory colleges referred to in paragraph 1, and issue binding decisions to settle any disagreements.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 37 – paragraph 1 – introductory part

1. Member States ~~may~~shall authorise ~~financial~~ supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. Such cooperation agreements shall comply with applicable data protection rules for data transfers and be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in Article 50(1). Confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 37 – paragraph 3

3. Member States shall ensure that financial supervisors notify ~~any agreement signed~~: a) AMLA of any intention to conclude an agreement signed pursuant to this Article in order to perform the assessment pursuant to paragraph 2, if needed; b) any signed agreements pursuant to this Article to AMLA within one month of its signature.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 37 – paragraph 3

3. Member States shall ensure that ~~financial~~ supervisors notify any agreement signed pursuant to this Article to AMLA within one month of its signature.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 39 – paragraph 6

6. In the exercise of their powers to impose administrative sanctions and measures, supervisors shall cooperate closely, and, where relevant, also coordinate their actions with non- AML/CFT authorities concerned, in order to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 41 – paragraph 1 – point e

(e) where an obliged entity is subject to an authorisation, withdraw or suspend the authorisation, or propose the imposition of these or similar measures where the corresponding powers rest with another authority;

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 41 – paragraph 1 – point f

(f) impose a temporary ban against any person discharging managerial responsibilities in an obliged entity, or any other natural person, held responsible for the breach, from exercising managerial functions in obliged entities, or to propose the imposition of such measure or a removal of the person from a function within the obliged entity where the corresponding powers rest with another authority .

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 43 – paragraph 3 – introductory part

3. Member States shall ensure that individuals, including employees and representatives of the obliged entity who report potential or actual breaches of Regulation ~~[please insert reference –~~ (proposal for Anti-Money- Laundering Regulation - COM/ 2021/420 final] ) internally or to the FIU, are legally protected in accordance with the Whistleblower Directive (EU 2019/1937 of the European Parliament and of the Council of 23 October 2019) from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 45 – paragraph 3 – introductory part

3. Member States shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities, supervisors and non- AML/CFT authorities for the purposes of this Directive. Member States shall ensure that competent authorities, supervisors and non-AML/CFT authorities do not refuse a request for assistance on the grounds that:

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 45 – paragraph 3 – point d

(d) the nature or status of the requesting counterpart competent authority, supervisor or non-AML/CFT authority is different from that of requested competent authority, supervisor or and non-AML/CFT authority.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 48 – title

Cooperation in relation to credit or financial institutions

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 48 – paragraph 1

1. Member States shall ensure that ~~financial~~ supervisors, non-AML/CFT authorities, FIUs and authorities competent for the supervision of credit or financial institutions under other legal acts cooperate closely with each other within their respective competences and provide each other with information relevant for the performance of the ir respective tasks. Such cooperation and information exchange shall not impinge on an ongoing inquiry, investigation or proceedings in accordance with the criminal or administrative law of the Member State where the ~~financial~~ supervisors, non-AML/CFT authorities, FIUs or authority entrusted with competences for the supervision of credit or financial institutions under other legal acts is located and shall not affect obligations of professional secrecy as provided in Article 50(1).

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 48 – paragraph 2 – introductory part

2. Member States shall ensure that, where ~~financial~~ supervisors, non-AML/CFT authorities or FIUs identify weaknesses in the AML/CFT internal control system and application of the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] of a credit or financial institution which materially increase the risks to which the institution is or might be exposed, the ~~financial~~ supervisor, non-AML/CFT authority, or FIU immediately notifies the European Banking Authority (EBA) and the authority or body that supervises the ~~credit~~ institution affected in accordance ~~with Directive (EU) 2013/36~~Union law, including the ECB acting in accordance with Council Regulation (EU) 1024/201350 . In the event of potential increased risk, the respective supervisors shall be able to liaise with the authorities supervising the institution in accordance with Union law and draw up a common assessment to be notified to the EBA. AMLA shall be kept informed of any such notifications. _________________ 50 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 50 – paragraph 2 – point b

(b) financial supervisors and ~~FIU~~competent authorities;

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 50 – paragraph 2 – point c

(c) financial supervisors and ~~competent~~ authorities in charge of supervising credit and financial institutions in accordance with other legislative acts relating to the supervision of credit and financial institutions, including the ECB acting in accordance with Regulation (EU) 1024/2013, whether within a Member State or in different Member States.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 50 – paragraph 2 – point c a (new)

(ca) financial supervisors and the national central banks that are members of the European System of Central Banks (ESCB), and the ECB.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 50 – paragraph 2 – subparagraph 1

For the purposes of th~~e first subparagraph, point (c)~~is paragraph, the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1 or equivalent requirements provided under Union law.

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 51 – paragraph 1 – point b

(b) supervisors and the authorities responsible by law for the supervision of credit or financial institutions or financial markets in the discharge of their respective supervisory functions;

2022/06/27
Committee: ECON LIBE

Evelyn REGNER

Proposal for a directive
Article 55 a (new)

Article 55a Continuity of application of adopted instruments 1. All guidelines, opinions and recommendations issued by the European Supervisory Authorities in accordance with Directive (EU) 2015/849 and Regulations (EU) No1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 shall continue to apply until amended or repealed by AMLA. 2. All regulatory technical standards adopted by the Commission in accordance with Directive (EU) 2015/849 and Regulations (EU) No 1093/2010, (EU) No 1094/2010and (EU) No 1095/2010 shall continue to apply until amended or repealed by the Commission through Delegated Acts.

2022/06/27
Committee: ECON LIBE

Activities of Evelyn REGNER related to 2021/0250(COD)

Legal basis opinions (0)

Amendments (44)

ParlTrack - 2011-2024