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2006/0281(COD) Prevention of the use of the financial system for the purpose of money laundering and terrorist financing: implementing powers conferred on the Commission

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE BRADBOURN Philip (icon: PPE-DE PPE-DE)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 047-p2, EC Treaty (after Amsterdam) EC 095

Events

2008/03/19
   Final act published in Official Journal
Details

PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology).

LEGISLATIVE ACT: Directive 2008/20/EC of the European Parliament and of the Council amending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as regards the implementing powers conferred on the Commission.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision. This may include deleting some of those elements or supplementing the instrument, by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument in cases where:

the draft may exceed the implementing powers provided for in the basic instrument; the draft is incompatible with the aim or the content of that instrument; or the draft fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on the nature of the implementing powers conferred on the Commission and the specificity of each sector.

The purpose of this Directive, therefore, is to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny.

By 31 December 2010, and thereafter at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers and on the need for the Commission to propose possible amendments.

ENTRY INTO FORCE: 20 March 2008.

Documents
Directive 2008/20
OJ L 076 19.03.2008, p. 0046
2008/03/11
   CSL - Draft final act
Documents
03678/2007/LEX
2008/03/11
   CSL - Final act signed
2008/03/11
   EP - End of procedure in Parliament
2008/03/03
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2008/03/03
   CSL - Council Meeting
2007/12/18
   EC - Commission response to text adopted in plenary
Documents
SP(2007)6527
2007/11/14
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2007/11/14
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted a resolution drafted by Philip BRADBOURN (EPP-ED, UK) amending the Commission proposal aiming to align Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to the new regulatory procedure with scrutiny. The resolution was adopted by 621 votes in favour to 5 against with 20 abstentions.

Parliament made the following amendments:

- a new recital states that the Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability;

- by 31 December 2010, and thereafter at least every 3 years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to the Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether an amendment is necessary or not shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to modify the provisions conferring implementing powers on the Commission.

Documents
T6-0524/2007
2007/06/11
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
A6-0225/2007
2007/06/11
   EP - Committee report tabled for plenary, 1st reading
Documents
A6-0225/2007
2007/06/05
   EP - Vote in committee, 1st reading
Details

The Committee on Civil Liberties, Justice and Home Affairs unanimously adopted the report by Philip BRADBOURN (EPP-ED, UK) amending, at first reading of the codecision procedure, the Commission proposal aiming to align Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to the new comitology procedure, regulatory procedure with scrutiny.

This new comitology procedure shall apply to certain aspects of the directive, however, MEPs considered it necessary to table the following amendments:

- a new recital it states that Directive 2005/60/EC provides for a regular report on its implementation to be drawn up by the Commission. That report may be accompanied by a legislative proposal introducing the necessary modifications to that Directive;

- Article 42 shall now state that by 15 December 2009, and at least at three-yearly intervals thereafter, the Commission shall draw up a report on the implementation of this Directive with, if appropriate, a legislative proposal introducing the necessary modifications to Directive 2005/60/EC in accordance with the procedure laid down in Article 251 of the Treaty and submit it to the European Parliament and the Council. In the first such report, the Commission shall include a specific examination of the treatment of lawyers and other independent legal professionals.

2007/05/09
   EP - Committee draft report
Documents
PE388.417
2007/03/20
   EP - BRADBOURN Philip (PPE-DE) appointed as rapporteur in LIBE
2007/03/14
   ESC - Economic and Social Committee: opinion, report
Documents
CES0418/2007
2007/02/15
   ECB - European Central Bank: opinion, guideline, report
Details

The European Central Bank adopted an Opinion at the request of the Council of the European Union on eight proposals amending Directives 2006/49/EC, 2006/48/EC, 2005/60/EC, 2004/109/EC, 2004/39/EC, 2003/71/EC, 2003/6/EC and 2002/87/EC, as regards the implementing powers conferred on the Commission.

The ECB welcomes the new agreement on comitology reached between the European Parliament, the Council and the Commission, which is of great importance for the continued functioning of the Lamfalussy process.

The ECB has no specific comments on the proposals which are in line with the joint statement of the European Parliament, the Council and the Commission on the introduction of the new ‘regulatory procedure with scrutiny’ into the comitology framework).

Having regard to the importance of the role played by implementing measures in EU legislation in the financial services field, the ECB takes this opportunity to underline the importance of its advisory role under Article 105(4) of the Treaty, which requires the ECB to be consulted ‘on any proposed Community act in its fields of competence’.

As recently noted, the ECB considers that proposed Level 2 acts constitute “proposed Community acts” within the meaning of Article 105(4) of the Treaty’. Therefore the Treaty provision which requires the ECB to be consulted on any proposed Community act in its field of competence includes an obligation for it to be consulted on these implementing acts.

It should be noted that the lack of consultation between Community institutions has been the subject of several judgments by the Court of Justice. As far as Article 105(4) of the Treaty is concerned, in Case C-11/00 Commission v European Central Bank [2003] ECR I-7147, Advocate General Jacobs emphasised that: ‘Consultation of the ECB on proposed measures in its field of competence is a procedural step, required by a provision of the Treaty, which is clearly capable of affecting the content of the measures adopted. Failure to comply with such requirement must, in my view, be capable of leading to the annulment of the measures adopted’,

Documents
CON/2007/0004
OJ C 039 23.02.2007, p. 0001
2007/01/17
   EP - Committee referral announced in Parliament, 1st reading
2006/12/22
   EC - Legislative proposal
Details

PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology).

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.

Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.

Documents
COM(2006)0906
EUR-Lex
2006/12/21
   EC - Legislative proposal published
Details

PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology).

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.

Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.

Documents
COM(2006)0906
EUR-Lex

Documents

Activities

Votes

Rapport Bradbourn A6-0225/2007 - résolution #

2007/11/14 Outcome: +: 621, 0: 20, -: 5
DE FR IT GB ES PL PT RO BE HU EL CZ NL AT BG SE LT IE FI SK LV SI EE LU MT CY DK ??
Total
85
66
61
61
46
44
21
23
20
20
22
20
20
17
17
15
12
12
12
13
8
6
6
6
5
4
3
1
icon: PPE-DE PPE-DE
241

Germany PPE-DE

44

France PPE-DE

Abstain (1)

Jacques TOUBON
16

Italy PPE-DE

18

United Kingdom PPE-DE

Abstain (1)

Daniel HANNAN
22

Spain PPE-DE

23

Poland PPE-DE

13

Portugal PPE-DE

9

Romania PPE-DE

4

Belgium PPE-DE

6

Hungary PPE-DE

11

Greece PPE-DE

11

Czechia PPE-DE

12

Netherlands PPE-DE

6

Austria PPE-DE

6

Bulgaria PPE-DE

5

Sweden PPE-DE

4

Lithuania PPE-DE

2

Ireland PPE-DE

5

Finland PPE-DE

3

Slovakia PPE-DE

8

Latvia PPE-DE

3

Slovenia PPE-DE

3

Estonia PPE-DE

For (1)

Tunne KELAM
1

Luxembourg PPE-DE

3

Malta PPE-DE

2

Cyprus PPE-DE

1
icon: PSE PSE
178

Germany PSE

18

France PSE

27

Italy PSE

12

United Kingdom PSE

18

Spain PSE

18

Poland PSE

9

Portugal PSE

9

Romania PSE

7

Belgium PSE

5

Hungary PSE

7

Greece PSE

7

Czechia PSE

For (1)

Libor ROUČEK

Abstain (1)

Richard FALBR
2

Netherlands PSE

Against (1)

Lily JACOBS
4

Austria PSE

7

Bulgaria PSE

5

Sweden PSE

4

Lithuania PSE

2

Ireland PSE

1

Finland PSE

3

Slovakia PSE

3

Slovenia PSE

For (1)

Borut PAHOR
1

Estonia PSE

3

Luxembourg PSE

For (1)

Robert GOEBBELS
1

Malta PSE

3

Denmark PSE

For (1)

Britta THOMSEN
1

PSE

1
icon: ALDE ALDE
87

Germany ALDE

5

France ALDE

9

Italy ALDE

13

United Kingdom ALDE

11

Spain ALDE

2

Poland ALDE

4

Romania ALDE

6

Belgium ALDE

4

Hungary ALDE

2

Netherlands ALDE

4

Austria ALDE

1

Bulgaria ALDE

4

Sweden ALDE

2

Lithuania ALDE

7

Ireland ALDE

For (1)

Marian HARKIN
1

Finland ALDE

4

Latvia ALDE

1

Slovenia ALDE

2

Estonia ALDE

2

Luxembourg ALDE

For (1)

Lydie POLFER
1

Cyprus ALDE

For (1)

Marios MATSAKIS
1

Denmark ALDE

For (1)

Niels BUSK
1
icon: Verts/ALE Verts/ALE
37

Germany Verts/ALE

11

France Verts/ALE

5

Italy Verts/ALE

2

United Kingdom Verts/ALE

5

Spain Verts/ALE

2

Belgium Verts/ALE

2

Netherlands Verts/ALE

Abstain (1)

Paul van BUITENEN
4

Austria Verts/ALE

2

Sweden Verts/ALE

For (1)

Carl SCHLYTER
1

Finland Verts/ALE

For (1)

Satu HASSI
1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1
icon: UEN UEN
29

Italy UEN

8

Poland UEN

13

Lithuania UEN

1

Ireland UEN

4

Latvia UEN

3
icon: GUE/NGL GUE/NGL
32

Germany GUE/NGL

7

France GUE/NGL

2

Italy GUE/NGL

5

United Kingdom GUE/NGL

1

Spain GUE/NGL

For (1)

Willy MEYER
1

Portugal GUE/NGL

3

Greece GUE/NGL

3

Czechia GUE/NGL

4

Netherlands GUE/NGL

For (1)

Erik MEIJER
1

Sweden GUE/NGL

2

Finland GUE/NGL

For (1)

Esko SEPPÄNEN
1

Cyprus GUE/NGL

2
icon: NI NI
28

France NI

6

Italy NI

3

United Kingdom NI

For (1)

Roger HELMER
1

Poland NI

2

Romania NI

6

Belgium NI

3

Czechia NI

1

Austria NI

1

Bulgaria NI

Abstain (1)

Desislav CHUKOLOV
3

Slovakia NI

Abstain (1)

Sergej KOZLÍK
2
icon: IND/DEM IND/DEM
14

France IND/DEM

For (1)

Patrick LOUIS
1

United Kingdom IND/DEM

3

Poland IND/DEM

3

Greece IND/DEM

1

Czechia IND/DEM

Abstain (1)

Vladimír ŽELEZNÝ
1

Netherlands IND/DEM

For (1)

Bas BELDER
1

Sweden IND/DEM

2

Ireland IND/DEM

For (1)

Kathy SINNOTT
1

Denmark IND/DEM

1

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (7) Changes | Timetravel
docs/0
date
2006-12-22T00:00:00
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2007-12-18T00:00:00
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docs
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links/National parliaments/url
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New
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2021-12-18Show (10) Changes | Timetravel
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New
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events/2/type
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Vote in committee, 1st reading/single reading
New
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events/3
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type
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EP
docs
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2007-11-14T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
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summary
2020-01-19Show (6) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: BRADBOURN Philip date: 2007-03-20T00:00:00 group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/0
type
Responsible Committee
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committee_full
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committee
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date
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rapporteur
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New
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2019-07-06Show (13) Changes | Timetravel
activities
  • date: 2006-12-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0906/COM_COM(2006)0906_EN.pdf title: COM(2006)0906 type: Legislative proposal published celexid: CELEX:52006PC0906:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco type: Legislative proposal published
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  • date: 2007-11-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=13719&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-524 type: Decision by Parliament, 1st reading/single reading title: T6-0524/2007 body: EP type: Results of vote in Parliament
  • date: 2008-03-03T00:00:00 body: CSL type: Council Meeting council: Environment meeting_id: 2856
  • date: 2008-03-03T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2008-03-11T00:00:00 body: CSL type: Final act signed
  • date: 2008-03-11T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-03-19T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0020 title: Directive 2008/20 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:076:TOC title: OJ L 076 19.03.2008, p. 0046
commission
  • body: EC dg: Justice and Consumers commissioner: FRATTINI Franco
committees/0
type
Responsible Committee
body
EP
associated
False
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committee
LIBE
date
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rapporteur
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council
  • body: CSL type: Council Meeting council: Environment meeting_id: 2856 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2856*&MEET_DATE=03/03/2008 date: 2008-03-03T00:00:00
docs
  • date: 2007-02-15T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007AB0004:EN:NOT title: CON/2007/0004 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2007:039:TOC title: OJ C 039 23.02.2007, p. 0001 summary: The European Central Bank adopted an Opinion at the request of the Council of the European Union on eight proposals amending Directives 2006/49/EC, 2006/48/EC, 2005/60/EC, 2004/109/EC, 2004/39/EC, 2003/71/EC, 2003/6/EC and 2002/87/EC, as regards the implementing powers conferred on the Commission. The ECB welcomes the new agreement on comitology reached between the European Parliament, the Council and the Commission, which is of great importance for the continued functioning of the Lamfalussy process. The ECB has no specific comments on the proposals which are in line with the joint statement of the European Parliament, the Council and the Commission on the introduction of the new ‘regulatory procedure with scrutiny’ into the comitology framework). Having regard to the importance of the role played by implementing measures in EU legislation in the financial services field, the ECB takes this opportunity to underline the importance of its advisory role under Article 105(4) of the Treaty, which requires the ECB to be consulted ‘on any proposed Community act in its fields of competence’. As recently noted, the ECB considers that proposed Level 2 acts constitute “proposed Community acts” within the meaning of Article 105(4) of the Treaty’. Therefore the Treaty provision which requires the ECB to be consulted on any proposed Community act in its field of competence includes an obligation for it to be consulted on these implementing acts. It should be noted that the lack of consultation between Community institutions has been the subject of several judgments by the Court of Justice. As far as Article 105(4) of the Treaty is concerned, in Case C-11/00 Commission v European Central Bank [2003] ECR I-7147, Advocate General Jacobs emphasised that: ‘Consultation of the ECB on proposed measures in its field of competence is a procedural step, required by a provision of the Treaty, which is clearly capable of affecting the content of the measures adopted. Failure to comply with such requirement must, in my view, be capable of leading to the annulment of the measures adopted’, type: European Central Bank: opinion, guideline, report body: ECB
  • date: 2007-03-14T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0418)(documentyear:2007)(documentlanguage:EN) title: CES0418/2007 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2007-05-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE388.417 title: PE388.417 type: Committee draft report body: EP
  • date: 2007-06-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-225&language=EN title: A6-0225/2007 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2007-12-18T00:00:00 docs: url: /oeil/spdoc.do?i=13719&j=0&l=en title: SP(2007)6527 type: Commission response to text adopted in plenary
  • date: 2008-03-11T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03678/2007/LEX type: Draft final act body: CSL
events
  • date: 2006-12-22T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2006/0906/COM_COM(2006)0906_EN.pdf title: COM(2006)0906 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2006&nu_doc=906 title: EUR-Lex summary: PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology). PROPOSED ACT: Directive of the European Parliament and of the Council. CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ). The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements. This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality. In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector. Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.
  • date: 2007-01-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2007-06-05T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Civil Liberties, Justice and Home Affairs unanimously adopted the report by Philip BRADBOURN (EPP-ED, UK) amending, at first reading of the codecision procedure, the Commission proposal aiming to align Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to the new comitology procedure, regulatory procedure with scrutiny. This new comitology procedure shall apply to certain aspects of the directive, however, MEPs considered it necessary to table the following amendments: - a new recital it states that Directive 2005/60/EC provides for a regular report on its implementation to be drawn up by the Commission. That report may be accompanied by a legislative proposal introducing the necessary modifications to that Directive; - Article 42 shall now state that by 15 December 2009, and at least at three-yearly intervals thereafter, the Commission shall draw up a report on the implementation of this Directive with, if appropriate, a legislative proposal introducing the necessary modifications to Directive 2005/60/EC in accordance with the procedure laid down in Article 251 of the Treaty and submit it to the European Parliament and the Council. In the first such report, the Commission shall include a specific examination of the treatment of lawyers and other independent legal professionals.
  • date: 2007-06-11T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-225&language=EN title: A6-0225/2007
  • date: 2007-11-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=13719&l=en title: Results of vote in Parliament
  • date: 2007-11-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-524 title: T6-0524/2007 summary: The European Parliament adopted a resolution drafted by Philip BRADBOURN (EPP-ED, UK) amending the Commission proposal aiming to align Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to the new regulatory procedure with scrutiny. The resolution was adopted by 621 votes in favour to 5 against with 20 abstentions. Parliament made the following amendments: - a new recital states that the Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability; - by 31 December 2010, and thereafter at least every 3 years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to the Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether an amendment is necessary or not shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to modify the provisions conferring implementing powers on the Commission.
  • date: 2008-03-03T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2008-03-11T00:00:00 type: Final act signed body: CSL
  • date: 2008-03-11T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2008-03-19T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology). LEGISLATIVE ACT: Directive 2008/20/EC of the European Parliament and of the Council amending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as regards the implementing powers conferred on the Commission. CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ). The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision. This may include deleting some of those elements or supplementing the instrument, by the addition of new non-essential elements. This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument in cases where: the draft may exceed the implementing powers provided for in the basic instrument; the draft is incompatible with the aim or the content of that instrument; or the draft fails to respect the principles of subsidiarity or proportionality. In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on the nature of the implementing powers conferred on the Commission and the specificity of each sector. The purpose of this Directive, therefore, is to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny. By 31 December 2010, and thereafter at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers and on the need for the Commission to propose possible amendments. ENTRY INTO FORCE: 20 March 2008. docs: title: Directive 2008/20 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0020 title: OJ L 076 19.03.2008, p. 0046 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:076:TOC
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: FRATTINI Franco
procedure/dossier_of_the_committee
Old
LIBE/6/44482
New
  • LIBE/6/44482
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0020
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0020
procedure/instrument
Old
Directive
New
  • Directive
  • Amending Directive 2005/60/EC 2004/0137(COD)
procedure/subject
Old
  • 7.30.20 Action to combat terrorism
  • 7.30.30.08 Capital outflow, money laundering
New
7.30.20
Action to combat terrorism
7.30.30.08
Capital outflow, money laundering
procedure/summary
  • Amending Directive 2005/60/EC
2015-11-04Show (1) Changes | Timetravel
links/European Commission/title
Old
PreLex
New
EUR-Lex
2014-11-10Show (5) Changes
activities
  • date: 2006-12-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0906/COM_COM(2006)0906_EN.pdf celexid: CELEX:52006PC0906:EN type: Legislative proposal published title: COM(2006)0906 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco
  • date: 2007-01-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: BRADBOURN Philip
  • date: 2007-06-05T00:00:00 body: EP committees: body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: BRADBOURN Philip type: Vote in committee, 1st reading/single reading
  • date: 2007-06-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-225&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0225/2007 body: EP committees: body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: BRADBOURN Philip type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2007-11-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=13719&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-524 type: Decision by Parliament, 1st reading/single reading title: T6-0524/2007 body: EP type: Results of vote in Parliament
  • date: 2008-03-03T00:00:00 body: CSL type: Council Meeting council: Environment meeting_id: 2856
  • date: 2008-03-03T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2008-03-11T00:00:00 body: CSL type: Final act signed
  • date: 2008-03-11T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-03-19T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0020 title: Directive 2008/20 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:076:TOC title: OJ L 076 19.03.2008, p. 0046
committees
  • body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: BRADBOURN Philip
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: FRATTINI Franco
procedure
dossier_of_the_committee
LIBE/6/44482
reference
2006/0281(COD)
instrument
Directive
legal_basis
stage_reached
Procedure completed
summary
Amending Directive 2005/60/EC
subtype
Legislation
title
Prevention of the use of the financial system for the purpose of money laundering and terrorist financing: implementing powers conferred on the Commission
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject
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