51 Amendments of Jonás FERNÁNDEZ related to 2021/0240(COD)
Amendment 395 #
Proposal for a regulation
Article 5 – paragraph 3 – point g a (new)
Article 5 – paragraph 3 – point g a (new)
(ga) settle disagreements on cross border situations on the measures to be taken by supervisory authorities in relation to an obliged entity;
Amendment 404 #
Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)
Article 5 – paragraph 4 – point d a (new)
(da) facilitate the functioning of colleges of supervisors of the non- financial sector in the area of AML/CFT, including the use of its common instruments to provide guidance;
Amendment 417 #
Proposal for a regulation
Article 5 – paragraph 5 – point i a (new)
Article 5 – paragraph 5 – point i a (new)
(ia) coordinate peer reviews of the fulfilment by FIUs of the requirements laid down in Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive]
Amendment 424 #
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) to settle, with a binding effect, disagreements between supervisory authorities in cross-border situations, including within AML colleges of supervisors.
Amendment 509 #
Proposal for a regulation
Article 11 c (new)
Article 11 c (new)
Article 11c Information requested to supervisory authorities 1. Supervisory authorities and the Authority shall provide each other with all the necessary information to carry out their respective tasks regarding selected and non-selected obliged entities. The Authority may, in particular, request any type of information that it requires to fulfil its mandate and to exercise its powers effectively. 2. Where information is not available, the Authority may request supervisory authorities to gather the relevant information. 3. Where information requested under paragraph 1 or 2 is not made available by supervisory authorities in a timely manner, the Authority may address a request directly to the obliged entities. The supervisory authority shall be informed of the request.4. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information. Upon a duly justified request to the Authority, the addressees may ask for a single extension of the deadline.5. The Authority shall develop draft regulatory technical standards setting out the modalities with regard to information requests addressed to obliged entities as provided in this Article and in Article 16.6. The Authority shall submit the draft regulatory technical standards to the Commission by [1 January 2025]. The Commission is empowered to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 38 of this Regulation.
Amendment 512 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. For the purposes of carrying out the tasks listed in Article 5(2), the Authority shall, in cooperation with supervisory authorities, carry out a periodic assessment of the following obliged entities listed in paragraph 3, based on criteria and following the process specified in paragraphs 2 to 6 of this Article and in Article 13:, where they operate in at least three Member States, including the Member State of establishment, where applicable, via establishments referred to in Article 2(8) of [proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] or by means of direct provision of services or through any other natural person or legal person which act on their behalf.
Amendment 519 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 531 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 536 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The Authority shall keep the relevant prudential supervisory authorities informed of the assessments mentioned in the previous paragraph when the obliged entities are within their supervisory remits.
Amendment 540 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The inherent risk profile of the assessed obliged entities referred to in paragraph 1, point (a) or (b) shall be classified as low, medium, substantial or high in each jurisdiction they operate in, based on the benchmarks and following the methodology set out in the regulatory technical standard referred to in paragraph 5.
Amendment 547 #
Proposal for a regulation
Article 12 – paragraph 3 – point i a (new)
Article 12 – paragraph 3 – point i a (new)
(ia) crypto-asset service providers;
Amendment 557 #
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. For each category of obliged entities referred to in paragraph 43, the benchmarks in the assessment methodology shall be based on the risk factor categories related to customer, products, services, transactions, delivery channels and geographical areas. The benchmarks shall be established for at least the following indicators of inherent risk in any Member State they operate in:
Amendment 562 #
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’), or resident in jurisdictions listed in the EU list of non-cooperative jurisdictions for tax purposes and jurisdictions identified and designated as referred to in Chapter III Section 2 of [please insert reference – proposal for Anti-Money Laundering Regulation], or high net worth individuals as referred to in Article 36a of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]; ;
Amendment 571 #
Proposal for a regulation
Article 12 – paragraph 4 – point b – point iii a (new)
Article 12 – paragraph 4 – point b – point iii a (new)
(iiia) volume of products or transactions that favour anonymity, including anonymity-enhanced cryptocurrency (AEC) or privacy coins;
Amendment 572 #
Proposal for a regulation
Article 12 – paragraph 4 – point b – point iii b (new)
Article 12 – paragraph 4 – point b – point iii b (new)
(iiib) significance of anonymising services and tools, including privacy wallets, mixers and tumblers as well as Internet Protocol (IP) anonymisers and other anonymising softwares.
Amendment 575 #
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 banking or crypto-asset services provided by Union financial sector entities in third countries;
Amendment 578 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii
Article 12 – paragraph 4 – point c – point ii
(ii) the number and share of correspondent banking crypto-asset clients from third countries with structural weaknesses in their AML systems identified by global standard setting bodies or with little to no regulation regarding crypto-assets;
Amendment 579 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii a (new)
Article 12 – paragraph 4 – point c – point ii a (new)
(iia) the number and share of correspondent banking or crypto-asset clients from third countries identified as having significant levels of corruption or other criminal activity or as being providers of financial secrecy by credible sources or acknowledged processes;
Amendment 580 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point iii
Article 12 – paragraph 4 – point c – point iii
(iii) the volume of activity of virtualcrypto- assets service providers registered or licensed in third countries and operating as financial institutions in the Union.
Amendment 587 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. The Authority shall develop draft regulatory technical standards setting out the methodology with the benchmarks referred to in paragraph 4 for classifying the inherent risk profile of any cross-border credit or financial institution or crypto- asset service provider in each Member State it operates in as low, medium, substantial or high.
Amendment 595 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The followingAll obliged entities shallassessed pursuant to Article 12 that are considered to have a high inherent risk profile in at least two Member States shall be eligible to qualify as a selected obliged entity:.
Amendment 597 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 605 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 611 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In order to ensure geographical balance of the Authority's exercise of direct supervision, in Member States where the application of the criteria mentioned in paragraph 1 does not result in the selection of an obliged entity, the credit or financial institution or crypto- asset service provider whose inherent risk profile qualifies as high pursuant to the methodology referred to in Article 12 (5) shall qualify as a selected obliged entity.
Amendment 613 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. following the application of the criteria laid down in paragraph 1a, where multiple obliged entities have a high inherent risk profile in that Member State, the selected obliged entity shall be the one with the highest share of non-resident customers.
Amendment 614 #
Proposal for a regulation
Article 13 – paragraph 1 c (new)
Article 13 – paragraph 1 c (new)
Amendment 746 #
Proposal for a regulation
Article 29 – paragraph 1 – point f a (new)
Article 29 – paragraph 1 – point f a (new)
(fa) mediate and resolve conflicts between participating financial supervisors through legal binding mediation powers;
Amendment 749 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. The Authority shall have a legally binding mediation role to resolve disputes between competent authorities in accordance with the procedure set out in Article 29a. The Authority may take supervisory decisions directly applicable to the institution concerned in accordance with Article 29a.
Amendment 752 #
Amendment 754 #
Proposal for a regulation
Article 29 b (new)
Article 29 b (new)
Amendment 757 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 758 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Financial supervisors shall notify the Authority where the situation of any non-selected obliged entity with regard to its compliance with applicable requirements and its exposure to money laundering and terrorism financing risks deteriorates rapidly andor significantly, especially where such deterioration could lead to significant harm to the integrity of the financial system or to the reputation of the Member State where that entity operates, several Member States or of the Union as a whole.
Amendment 761 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. TFollowing the notification process laid down in paragraph 1, or specific adverse events or developments brought to the attention of the Authority, in particular through the notification mechanism of possible or actual breaches under Article 76, the Authority may, where it has indications of materipossible or actual breaches by a non- selected obliged entity, request its financial supervisor to:
Amendment 769 #
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 requestshall notify the Commission to grant permission toabout the transfer theof 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.
Amendment 770 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. In order to ensure that the Authority's decision is based on clear criteria and not on a discretionary basis, the Authority shall develop draft regulatory technical standards setting out the benchmarks that must be fulfilled in order to enable the transfer of powers mentioned in this article.
Amendment 771 #
Proposal for a regulation
Article 30 – paragraph 4 b (new)
Article 30 – paragraph 4 b (new)
4b. The Authority shall submit the draft regulatory technical standards to the Commission by [1 January 2025]. The Commission is empowered to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 38 of this Regulation.
Amendment 774 #
Proposal for a regulation
Article 30 – paragraph 5 – introductory part
Article 30 – paragraph 5 – introductory part
5. The requestnotification from the Authority, pursuant to paragraph 4, shall contain:
Amendment 775 #
Proposal for a regulation
Article 30 – paragraph 5 – point a
Article 30 – paragraph 5 – point a
(a) a description of the materipotential or actual breaches of the directly applicable requirements by an identified non-selected obliged entity and a justification that such breaches fall within the scope of competence of the Authority, pursuant to paragraph 2, and that the criteria set for the Authority to act in exceptional circumstances, as defined in the respective regulatory technical standards, are fulfilled;
Amendment 778 #
Proposal for a regulation
Article 30 – paragraph 5 – point c
Article 30 – paragraph 5 – point c
(c) a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers;
Amendment 779 #
Proposal for a regulation
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
5a. On the tenth working day after the Authority's notification to the Commission regarding the transfer of tasks and powers, the non-selected obliged entity referred to in paragraph 2 shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. Upon the expiry of the time-limit, said tasks and powers which they shall be automatically transferred back to the financial supervisor concerned.
Amendment 780 #
Proposal for a regulation
Article 30 – paragraph 5 b (new)
Article 30 – paragraph 5 b (new)
5b. Without prejudice to the powers of the Commission pursuant to Article 258 TFEU, where the financial supervisor concerned does not comply with the request referred to in paragraph 2 and, due to the exceptional urgency of the matter, the Authority does not deem appropriate to request 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 may adopt an individual decision addressed to a non-selected obliged entity requiring the necessary action to comply with its obligations under Regulation [the please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or Directive [ please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], including the cessation of any practice. To that effect, the Authority shall apply all relevant Union law, and, where that Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised.
Amendment 781 #
Proposal for a regulation
Article 30 – paragraph 5 c (new)
Article 30 – paragraph 5 c (new)
5c. Decisions adopted under paragraph 8 shall prevail over any previous decision adopted by the competent authorities on the same matter. Measures taken by the Authority under paragraph 8 do not preclude the Authority from launching the procedure for transfer of relevant tasks and powers under Article 30a.
Amendment 782 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
Amendment 790 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
Amendment 793 #
Proposal for a regulation
Article 30 b (new)
Article 30 b (new)
Article 30b Requests of direct information to non- selected obliged entities 1. The supervisory authorities shall provide the Authority with all necessary information regarding selected and non- selected obliged entities in order for the Authority to carry out its duties, provided that the supervisory authorities have legal access to the relevant information. 2. Where information is not available or is not made available under paragraph 1 in a timely manner, the Authority may address a request directly to the relevant obliged entities or associations of obliged entities. The request shall be duly justified, include the legal basis of the request, specify the information required and fix a reasonable time limit within which the information is to be provided. The national authority shall receive a copy of the request. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information, provided they have legal access to the relevant information. Upon a duly justified request to the Authority, the addressees may ask for a single extension of the deadline. 3. The use of confidential information and the modalities with regard to information requests pursuant of Article 30 shall be governed by the provisions set out in Article 16(4) and Article 16(5).
Amendment 860 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Amendment 867 #
Proposal for a regulation
Article 37 – paragraph 5 a (new)
Article 37 – paragraph 5 a (new)
5a. The Executive Board may suspend access to FIU.net for a specific FIU where the report of the peer review in accordance with Article 36a concludes that requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU, as set out in Article 17 of the [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], have not been fulfilled.
Amendment 951 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, integrity, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure which shall be published in the Official Journal of the European Union. The Commission shall draw up gender- balanced a shortlist of two qualified candidates for the position of the Chair of the Authority. T and submit it to the Council, after approval by the European Parliament, shall adopt an implementingnd to the European Parliament. The European Parliament may invite the selected candidates to in camera or public hearings, submit written questions to the candidates and designate its preferred candidate.. The Council under an agreement with the European Parliament, shall adopt a decision to appoint the Chair of the Authority.
Amendment 964 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Executive Director shall be selected on the grounds of integrity, merit and documented high-level administrative, budgetary and management skills, following an open selection procedure which shall be published in the Official Journal of the European Union, and, as appropriate, other press or internet sites. The Commission shall draw up a gender- balanced shortlist of two qualified candidates for the position of the Executive Director and submit it to the European Parliament. The European Parliament may conduct in camera or public hearings with the candidates, submit written questions, and communicate its preferred candidate to the Executive Board. The Executive Board shall appoint the Executive Director.
Amendment 1009 #
Proposal for a regulation
Article 72 – paragraph 4 a (new)
Article 72 – paragraph 4 a (new)
4a. Upon request, the Chair shall hold confidential oral discussions behind closed doors with Members of the competent committee of the European Parliament where such discussions are required for the exercise of the European Parliament's powers under the TFEU. An agreement shall be concluded between the European Parliament and the Authority on the detailed modalities of organising such discussions, with a view to ensuring full confidentiality in accordance with the requirements of professional secrecy imposed by this Regulation.
Amendment 1013 #
Proposal for a regulation
Article 76 a (new)
Article 76 a (new)