21 Amendments of Fabio Massimo CASTALDO related to 2021/0240(COD)
Amendment 248 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In the process of directly supervising selected obliged entities, the Authority’s aim shall be to improve the ability of obliged entities as well as supervisors to better understand, manage and mitigate the risks identified. The assessment process may consider different types of risks, with the understanding that some of them might be inherent to the types or products, services or geographical location of customers. To that end, the aim shall not be necessarily a reduction of all types of risks, which could lead to de-risking and severe unintended consequences, including financial exclusion and discriminatory policies.
Amendment 263 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Authority should have the opportunity to request a transfer of supervisory tasks and powers relating to a specific obliged entity on its own initiative, after exhausting other options in case of inaction or failure to follow its instructions within the provided deadline. Since the transfer of tasks and powers over an obliged entity without the specific request of the financiAuthority has the necessary technical suexpervtisor to the Authority would require a discretionary decision on the part of the Authority, the Authority should address a specific request to that end to the Commission. In order for the Commisse for AML/CFT supervisory framework and its supervisory tasks and powers are delegated by this Regulation, to be able to take a decision coherent with the framework of the tasks allocated to the Authority within the AML/CFT framework, the request of the Authority should enclose an appropriate justification, and should indicate a precise duration of the reallocation of tasks and powers towards the Authorityhe Executive Board shall take a decision with an appropriate justification. The timeframe for the reallocation of powers should correspond to the time the Authority requires to deal with the risks at entity level, and should not exceed three years. The Commission should adopt a decision transferring powers and tasks for supervising the entity to the Authority swiftly, and in any case within a month.
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘selected obliged entity’ means a credit institution, a financial institution, or a group of credit or financial institutions at the highest level of consolidation in the Union, , or a crypto-asset service provider, or a non-financial institution, which is under direct supervision by the Authority pursuant to Article 13;
Amendment 326 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘non-selected obliged entity’ means a credit institution, a financial institution or a non-financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union, , or a crypto-asset service provider other than a selected obliged entity;
Amendment 365 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) establish and maintain an interoperational interface to access to registers of certain movable and immovable assets providing information on a minimum set of information, in a predefined format, including beneficial ownership information available at least to competent authorities.
Amendment 369 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes under the Union restrictive measures across the internal market and publish data sets on asset freezes and confiscations;
Amendment 479 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority shall publish the information collected pursuant paragraph 2 point (a), (b), (g) and (h). A summary of non-confidential findings regarding the information collected pursuant paragraph 2 point (c), (d), (e) and (f) shall be made available to obliged entities and to the public.
Amendment 482 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Competent authorities may share, in accordance with national law, any additional information that they deem relevant to the prevention and countering of the use of the financial system for the purpose of money laundering or terrorist financing with the central database referred to in paragraph 1.
Amendment 487 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority may request supervisory authorities and other competent authorities to provide other information in addition to that referred to in paragraph 2this article, provided that they have legal access to the relevant information. The information shall be accurate, coherent, complete and timely. Before requesting information in accordance with this Article, and in order to avoid the duplication of reporting obligations, the Authority shall take account of any existing and relevant statistics produced and disseminated by other authorities. The supervisory authorities shall update any provided information.
Amendment 490 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The Authority shall collect information from competent authorities relating to weaknesses identified during ongoing supervision and authorisation procedures in the processes and procedures, governance arrangements, business models and activities of financial sector operators and obliged entities from non-financial sector in relation to preventing and countering money laundering and terrorist financing as well as measures taken by competent authorities, in response to the following material weaknesses with regard to the prevention and countering the use of the financial system for the purpose of money laundering or of terrorist financing;
Amendment 491 #
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. Where information is not available or is not made available by the competent authorities in a timely fashion, the Authority may address a duly justified and reasoned request to other supervisory authorities, to the responsible ministry, to the national central bank or to the statistical office of the Member State concerned.
Amendment 554 #
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
Amendment 564 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customers, the presence and share of customers identified as Politically Exposed persons (‘PEPs’); and the presence and share of customers located in jurisdictions listed in the EU list of non-cooperative jurisdictions for tax purposes
Amendment 574 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point i
Article 12 – paragraph 4 – point c – point i
(i) the annual volume of correspondent and cross-border banking services provided by Union financial sector entities in third countries;
Amendment 676 #
Proposal for a regulation
Article 20 – paragraph 2 – point i a (new)
Article 20 – paragraph 2 – point i a (new)
(ia) impose a temporary or definitive ban on any person performing managerial duties in a selected obliged entity, or any other natural person, held responsible for the breach, from performing managerial duties in the selected obliged entities.
Amendment 715 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Authority shall refer matters for criminal prosecution to the relevant national authorities where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. In such event, the information communicated to the relevant national authorities shall also be transmitted to Europol when two or more Member States are involved in the facts liable to constitute criminal offences; or where the criminal offence is inherently of a cross-border nature. The Authority shall also transmit evidence to the European Public Prosecutor’s Office where such evidence concerns offences in respect of which the European Public Prosecutor’s Office exercises or is permitted to exercise competence in accordance with Council Regulation (EU)2017/1939. In addition, the Authority shall refrain from imposing administrative pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.
Amendment 722 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, including the assessment of their tools and resources to ensure high level supervisory standards and practices. The assessments shall include a review of the application of the AML/CFT supervisory methodology developed pursuant to Article 8 and shall cover all financial supervisors in a single assessment cycle. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years. At the end of each assessment cycle, the Authority shall present its findings to the European Parliament.
Amendment 740 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Financial supervisors shall make every effort to comply with the specific follow-up measures addressed to them as a result of the assessment. Supervisors shall document the steps taken in order to comply with the follow-up measures addressed to them. Each consecutive assessment shall reflect on the compliance of previously addressed follow-up measures. At the end of each assessment cycle the Authority shall present its findings to the European Parliament.
Amendment 767 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Where the financial supervisor concerned does not comply with the request referred to in paragraph 2 and does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority may request the Commission to grant permisExecutive Board can adopt a reasoned decision to transfer the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non- selected obliged entity from the financial supervisor concerned to the Authority. The Authority shall immediately inform the financial supervisor and the non-selected obliged entity thereof. The decision shall also be communicated to the European Parliament and to the Council.
Amendment 1041 #
Proposal for a regulation
Article 81 – paragraph 4
Article 81 – paragraph 4
4. The Authority shall, within its powers pursuant to this Regulation and to the legislative acts referred to in Article 1(2), contribute to the united, common, consistent and effective representation of the Union’s interests in international fora, including by assisting the Commission in its tasks relating to Commission’s membership of the Financial Action Task Force and by supporting the work and objectives of the Egmont Group of Financial Intelligence Units. Member states shall fully inform the authority of their bilateral agreements with third countries
Amendment 1055 #
Proposal for a regulation
Article 87 – paragraph 1 a (new)
Article 87 – paragraph 1 a (new)
1a. The seat of the Agency shall be Rome, Italy