BETA

7 Amendments of Caterina CHINNICI related to 2016/0208(COD)

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b

Directive 2015/849/EU
Article 31 – paragraph 3 a

3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated;

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Caterina CHINNICI, Birgit SIPPEL, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2

The information publicly accessible ~~to persons and organisations that can demonstrate a legitimate interest~~ shall consist of the name, the ~~month and year~~date of birth, the nationality ~~and~~, the country of residence and the nature and extent of the interest held of the beneficial owner as defined in Article 3(6)(b).

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Hugues BAYET, Birgit SIPPEL, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a a (new)

Directive 2015/849/EU
Article 32 – paragraph 1

(-aa) paragraph 1 is replaced by the following: 1. Each Members State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. The FIU shall be a police authority or other law enforcement service or entity which, under national law, is responsible for preventing and combating criminal offences.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 32 b (new)

(12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1 building on the European Land Information Service (EULIS).

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Maria GRAPINI, Jeppe KOFOD, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)

Directive 2015/849/EU
Article 38

(13b) Article 38 is replaced by the following: Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats or hostile action, and in particular from adverse or discriminatory employment actions.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)

Directive 2015/849/EU
Article 38 – paragraph 1 a (new)

(13c) in Article 38, the following paragraph is added: 1a. Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are able to present a complaint in a safe manner to the respective competent authorities. Member States shall ensure that competent authorities have the legal duty to carry out an investigation and emit a decision. Judicial redress against the decision shall always be possible.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)

Directive 2015/849/EU
Article 54 – paragraph 1 a (new)

(19a) in Article 54, the following paragraph is added: 1a. Member States shall ensure that FIUs designate at least one official to be responsible for receiving requests for information or mutual legal assistance from homologous entities in other Member States and ensuring that those requests are treated in a timely manner.

2016/12/19
Committee: ECON LIBE