111 Amendments of Eva KAILI related to 2021/0240(COD)
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. The objective of the Authority shall be to protect the public interest, the stability and the integrity of the Union’s financial system and the good functioning of the internal market by:
Amendment 321 #
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, a crypto-asset service provider or a group of credit or financial institutions or crypto- asset service providers at the highest level of consolidation in the Union, which is under direct supervision by the Authority pursuant to Article 13;
Amendment 327 #
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, a crypto-asset service provider or a group of credit institutions or financial institutions or crypto-asset service providers at the highest level of consolidation in the Union, other than a selected obliged entity;
Amendment 354 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) monitor and respond to developments across the internal market and assess threats, vulnerabilities and risks in relation to ML/TF;
Amendment 355 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) monitor and respond to developments in third countries and assess threats, vulnerabilities and risks in relation to their AML/CFT systems;
Amendment 371 #
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, seizures and confiscations under the Union restrictive measures across the internal market;
Amendment 391 #
Proposal for a regulation
Article 5 – paragraph 3 – point g
Article 5 – paragraph 3 – point g
(g) provide assistance to financial supervisors, following their specific requests, including the requests to settle any disagreements on the measures to be taken in relation to an obliged entity.;
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 396 #
Proposal for a regulation
Article 5 – paragraph 3 – point g b (new)
Article 5 – paragraph 3 – point g b (new)
(gb) identify instances where the absence of effective and efficient supervisory practices and activities derives from inadequate or lack of transposition of EU law into national legislation, and duly report those situations to the Commission;
Amendment 397 #
Proposal for a regulation
Article 5 – paragraph 3 – point g c (new)
Article 5 – paragraph 3 – point g c (new)
(gc) establish and maintain an updated public register on shell banks and non- compliant crypto-asset service providers;
Amendment 400 #
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
(b) coordinate peer reviews of supervisory standards and practices in the area of AML/CFT, and draft their respective reports;
Amendment 405 #
Proposal for a regulation
Article 5 – paragraph 4 – point f a (new)
Article 5 – paragraph 4 – point f a (new)
(fa) identify instances where the absence of effective and efficient supervisory practices and activities in the non-financial sector derives from inadequate or lack of transposition of EU law into national legislation, and duly report those instances to the Commission;
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 418 #
Proposal for a regulation
Article 5 – paragraph 5 – point i b (new)
Article 5 – paragraph 5 – point i b (new)
(ib) identify instances where effective and efficient cooperation between FIUs is hampered by inadequate or lack of transposition of EU law into national legislation, and duly report those instances to the Commission;
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 442 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Where the Authority provides instructions or requests to supervisors under this Regulation on matters governed by national legislation transposing Union law referred to in Article 1 (2), supervisors shall assist the Authority in taking into account the specificities of their respective national legal framework.
Amendment 445 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Authority shall develop and maintain an up-to-date and harmonised AML supervisory methodology detailing the risk-based approach to supervision of obliged entities in the Union. The methodology shall comprise guidelines, recommendations and other measures and instruments as appropriate, including in particular, opinions, draft regulatory and implementing technical standards, and other measures and instruments as appropriate, on the basis of the empowerments laid down in the acts referred to in Article 1(2).
Amendment 447 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. When developing the supervisory methodology the Authority shall make a distinction between obliged entities based on the nature of the money laundering and terrorist financing risks they are exposed to and the sectors in which they operate. The supervisory methodology shall contain at least the following elements:
Amendment 449 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) approaches to supervisory review of money laundering and terrorist financing risk self-assessments of obliged entities;
Amendment 461 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Each supervisory authority may submit a request for mutual assistance related to its supervisory tasks to the Authority, specifying the type of assistance that can be provided by the staff of the Authority, the staff of one or more supervisory authorities, or a combination thereof. If the request concerns activities that relate to the supervision of specific obliged entities, the requesting supervisory authority shall ensure that access to anyprovide to the Authority all information and data necessary for the provision of assistance may be granted. The Authority shall keep and regularly update the information on specific areas of expertise and on the capacities of supervisory authorities to provide mutual assistance.
Amendment 466 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall establish and keep up to date a central database of information collected pursuant to paragraph 2. The Authority shall analyse the information received and ensure that it is made available to supervisory authorities and non-AML/CFT authorities on a need- to-know and confidential basis. The Authority mayshall share the results of its analysis on its own initiative with supervisory authorities and, where relevant, non-AML/CFT authorities, for the purposes of facilitating their supervisory activities.
Amendment 469 #
Proposal for a regulation
Article 11 – paragraph 2 – point c a (new)
Article 11 – paragraph 2 – point c a (new)
(ca) information relating to weaknesses identified during ongoing or past procedures or processes relating to authorisation, governance arrangements, fitness and propriety assessments, acquisition of qualifying holdings, business models and activities of obliged entities in relation to preventing and countering money laundering and terrorist financing;
Amendment 471 #
Proposal for a regulation
Article 11 – paragraph 2 – point c b (new)
Article 11 – paragraph 2 – point c b (new)
(cb) information relating to measures taken by supervisors, in response to the following material weaknesses affecting one or more requirements of Regulation [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]: (i) a breach or a potential breach by an obliged entity of such requirements, (ii) the inappropriate or ineffective application by an obliged entity of such requirements, or (iii) the inappropriate or ineffective application by an obliged entity of its internal policies and procedures to comply with such requirements.
Amendment 474 #
Proposal for a regulation
Article 11 – paragraph 2 – point f
Article 11 – paragraph 2 – point f
(f) results from supervisory inspections of files concerning politically exposed persons, their family members and their associates, and high net worth customers as referred to in Article 36a of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final];
Amendment 477 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Non-AML authorities shall share with the Authority any additional information, within the boundaries of their mandate and tasks, as well as the respective and relevant national law, deemed relevant to the prevention and countering of the use of the financial system for the purpose of money laundering or terrorist financing.
Amendment 488 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority may request supervisory authorities and non- AML/CFT authorities to provide other information in addition to that referred to in paragraph 2this article. The supervisory authorities and non-AML/CFT authorities shall update any provided information. Before requesting information in accordance with this paragraph, and in order to prevent the duplication of reporting obligations, the Authority may take into account existing and relevant statistics produced and disseminated by other authorities.
Amendment 495 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Any supervisory authority or any non-AML authority may address to the Authority a reasoned request for information collected pursuant to paragraph 2 that is relevant for its supervisory activities. The Authority shall assess those requests and provide the information requested by the supervisory authorities or non-AML authorities on a need-to-know basis and confidential basis and in a timely manner. The Authority shall inform the authority that has initially provided the requested information, of the identity of the requesting supervisory or other authority, the identity of an obliged entity concerned, the reason for the information request as well as whether the information has been provided to the requesting authority. Where the Authority decides not to provide the requested information, it shall provide a reasoned justification.
Amendment 504 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Public register on shell banks and non- compliant crypto-asset service providers 1. The Authority shall establish and maintain a public register of shell banks and non-compliant crypto-asset service providers operating within and outside the Union. 2. The list shall be indicative and non-exhaustive, based on information provided by national supervisors and other relevant authorities, the Commission and obliged entities. 3. The Authority shall review the public register referred to in paragraph 1, taking into account any changes in circumstances concerning the entities included in the list or any information brought to its attention.
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 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 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 634 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Authority shall be responsible for the establishment and the composition of joint supervisory teams. The respective financial supervisors shall appoint one or more persons from their staff as a member or members of a joint supervisory team. A financial supervisor staff member may be appointed as a member ofto more than one joint supervisory team.
Amendment 636 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The Authority and financial supervisors shall consult each other and agree on the use of staff with regard to the joint supervisory teams. The Authority may issue recommendations or guidelines regarding the composition of joint supervisory teams, notably on staff from each financial supervisor in a home/host context, the status of the staff from national supervisors, the allocation of human resources, and necessary operational and procedural rules.
Amendment 641 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The persons referred to in paragraph 1 or their representatives and, in the case of legal persons or associations having no legal personality, the persons authorised to represent them by law or by their constitution, shall supply the information requested in a timely manner. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 646 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – point c a (new)
Article 17 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) obtain access to documents and information relating to decision-making processes, including those developed by algorithms or other digital processes;
Amendment 649 #
1. In order to carry out the tasks conferred on it by this Regulation, the Authority may, subject to prior notification to the financial supervisor concerned, conduct all necessary on-site inspections at the business premises of the legal persons referred to in Article 16. Where the proper conduct and efficiency of the inspection so require, including where the inspection is related to an ongoing investigation carried out under Article 17, the Authority may carry out the on-site inspection without prior announcement to those legal persons.
Amendment 661 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. For the purpose of carrying out its tasks referred to in Article 5(2), the Authority shall have the powers set out in paragraph 2 of this Article to require any selected obliged entity to take the necessary measures within a specific deadline where:
Amendment 673 #
Proposal for a regulation
Article 20 – paragraph 2 – point i
Article 20 – paragraph 2 – point i
(i) to propose the withdrawal of licence of a selected obliged entity to the authority that has granted such license. In case the authority that granted the licence decides not to follow the Authority’s proposal, it shall provide a reasoned justification.
Amendment 725 #
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 and the Council.
Amendment 729 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The assessments shall be carried out by the staff of the Authority with voluntary involvement of the staff of financial supervisors that are not subject to review, upon agreement on such involvement by the Executive Board. The assessments shall take due account of all the relevant evaluations,. In order to carry out its assessment, the Authority may decide to involve staff of financial supervisors that are not subject to review, and may take into account assessments or reports drawn up by international organisations and intergovernmental bodies with competence in the field of preventing money laundering and terrorist financing.
Amendment 731 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The staff of the Authority shall produce a draft report setting out the results of each assessment. That report shall be prepared by the staff of the Authority, or by the staff of the Authority jointly with the staff of the financial supervisors where the staff of financial supervisors were involved in the review on an ad-hoc basis. The report shall be adopted by the Executive Board, taking into account the observations of the General Board in supervisory composition. The report shall explain and indicate any specific follow-up measures required to be taken by the financial supervisor or financial supervisors subject to the assessment that are deemed appropriate, proportionate and necessary as a result of the assessment. The follow- up measures may be adopted in the form of guidelines and recommendations pursuant to Article 43 including recommendations addressed to all or several financial supervisors or to any specific financial supervisor, as appropriate. and share it with the reviewed financial supervisor. The reviewed financial supervisor shall submit comments to the draft report within a deadline determined by the Authority;
Amendment 734 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Following consideration of the comments submitted by the reviewed financial supervisor, the final report shall be adopted by the Executive Board and shared with the reviewed financial supervisor in a timely manner. The report shall explain and indicate any specific follow-up measures required to be taken by the financial supervisor or financial supervisors subject to the assessment that are deemed appropriate, proportionate and necessary as a result of the assessment. A summary of the report shall be made public on the website of the Authority. The follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 43 including recommendations addressed to all or several financial supervisors or to any specific financial supervisor, as appropriate.
Amendment 738 #
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 and provide updates to the Authority on the implemented measures every six months following the adoption of the report. Each consecutive assessment shall reflect on the compliance with previously referenced follow-up measures. Where the Authority deems that the follow-up measures taken by the financial supervisor are inadequate or insufficient, the Authority shall launch the procedure under Article 30a.
Amendment 742 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Authority shall ensure, within the scope of its powers and without prejudice to the powers of the relevant financial supervisors pursuant to Article 36 [OP please insert the next number to the AMLD, COM(2021)423], that AML supervisory colleges are established and functioning consistently for non-selected obliged entities operating in several Member States in accordance with Article 36 [OP please insert the next number to the AMLD, COM(2021)423]. To that end, the Authority mayshall:
Amendment 743 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) establish colleges, convene and organize the meetings of colleges, where such college has not been established although the relevant conditions for its establishment set out in Article 36 [OP please insert the next number to the AMLD, COM(2021)423] are met, or by its own discretion where deemed necessary;
Amendment 744 #
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) collect and shareensure that all relevant information ins cooperation withllected and share by the financial supervisors in order to facilitate the work of the college and make such information accessible to the relevant authorities in the college;
Amendment 745 #
Proposal for a regulation
Article 29 – paragraph 1 – point e
Article 29 – paragraph 1 – point e
(e) promote effective and efficient supervisory practices and activities, including evaluating the risks to which obliged entities are or might be exposed;
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 747 #
Proposal for a regulation
Article 29 – paragraph 1 – point f b (new)
Article 29 – paragraph 1 – point f b (new)
(fb) identify instances where the absence of effective and efficient supervisory practices and activities in the context of AML colleges derives from inadequate or lack of transposition of EU law into national legislation, and duly report those instances to the Commission.
Amendment 748 #
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. AML supervisory colleges shall consist of permanent members and, when deemed necessary by the Authority, observers. The Authority and financial supervisors shall be permanent members. Observers may include prudential supervisors, including the European Central Bank, the European Supervisory Authorities, AML/CFT supervisors from third countries when relevant, and FIUs and any other authorities as deemed necessary by the permanent members.
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 751 #
Proposal for a regulation
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
2b. With regard to obliged entities selected for direct supervision, any previously established AML supervisory college shall not be permanently disbanded unless all participating entities agree to it. Therefore, as a general practice, the relevant AML supervisory college shall suspend its work for the period in which the Authority is exercising direct supervision, while remaining available to restart its work if the relevant selected obliged entity eventually falls outside the scope for direct supervision.
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 792 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
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 797 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Authority shall periodically conduct peer reviews of some or all of the activities of non-financial supervisors to strengthen consistency and effectiveness in supervisory outcomes. To that end, the Authority shall develop methods to allow for an objective assessment and comparison between non-financial supervisors reviewed. WThe Authority, when planning and conducting peer reviews, may consider existing information and evaluations already available with regard to the non-financial supervisor concerned, including any relevant information provided to the Authority in accordance with Article 11, in addition to assessments or reports drawn up by international organisations and intergovernmental bodies competent in the field of preventing money laundering or terrorist financing and any relevant information from stakeholders shall be taken into account.
Amendment 813 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
7. For the purposes of this Article, the Executive Board shall adopt a peer review work plan every two years, which shall reflect the lessons learnt from the past peer review processes and discussions held in the General Board in supervisory composition. The peer review work plan shall constitute a separate part of the annual and multiannual working programme and shall be included in the Single Programming Document. In case of urgency or unforeseen events, tThe peer review work plan shall take into account geographical balance. The Authority may decide to carry ouem that additional peer reviews. are required, and may establish a new one at its own discretion;
Amendment 817 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 832 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 833 #
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Amendment 838 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423], a FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof. The Authority shall's financial intelligence staff shall be responsible for informing the FIUs in all the relevant Member States and invite them to take part in the joint analysis within five days of the initial notification. To this end, the Authority's staff member shall use secured channels of communication. The FIUs in all the relevant Member States shall consider taking part in the joint analysis. The Authority shall ensure that the joint analysis is launched within 20 days of the initial notification.
Amendment 840 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. Where a FIU has not submitted a request for the setting up of a joint analysis team, the Authority may set up such a team on its own initiative where it identifies cases in which: (a) a FIU’s operational analyses require difficult and demanding analyses having links with other Member States, or cases in which a number of FIUs are conducting operational analyses in which the circumstances of the case necessitate coordinated, concerted action in the Member States involved; (b) it directly received information indicating a suspicion of money laundering or financing of terrorism that could affect the internal market or relate to cross-border activities.
Amendment 846 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Upon explicit consent of the relevant FIUs participating in the joint analysis, the financial intelligence staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those data.
Amendment 847 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The Authority may request any type of additional information from the participating FIUs with the purpose of ensuring a better exercise of the joint analysis. If the request is rejected, the FIU shall provide its reasoning to the Authority.
Amendment 852 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. On the basis of the feedback referred to in paragraph 2, or on its own initiative, the Authority may issue follow- up reports relating to the conduct of joint analyses, including specific suggestions on adjustments regarding the methods and procedures for the conduct of the joint analyses, particularly regarding the access to additional information, and conclusions on the outcome of the joint analyses. The procedural and operational aspects of the follow-up report shall be shared with all FIUs, without disclosing confidential or restricted information on the case. The conclusions and recommendations relating to the conduct of the joint analyses shall be shared with the FIUs that participated in the relevant joint analyses, and with all the other FIUs insofar as these conclusions do not contain confidential or restricted information.
Amendment 853 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The FIU of each Member State mayshall delegate, at least, one staff member to the Authority. The national FIU delegate shall have his or her regular place of work at the seat of the Authority.
Amendment 856 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. FIU delegates mayshall be granted access to any data accessible by their delegating FIU for the purposes of carrying out the tasks referred to in paragraph 4, subject to consent of their delegating FIU.
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 887 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. The guidelines and recommendations issued by the European Banking Authority and, where applicable, national supervisors shall remain applicable until they are replaced by the guidelines and recommendations issued by the Authority. Once issued, the Authority’s guidelines and recommendations shall replace those previously issued by the European Banking Authority and, where applicable, national supervisors on the same subject. The Authority shall provide for a suitable transition period for obliged entities to comply with the new guidelines and recommendations.
Amendment 917 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The General Board may decide to admit observers. In particular, the General Board in FIU composition shall admit as an observer a representative of OLAF, Europol, Eurojust and the EPPO to meetings when matters fall under their respective mandates. The General Board in supervisory composition shall admit a representative nominated by the Supervisory Board of the European Central Bank and a representative of each of the European Supervisory Authorities, where matters within the scope of their respective mandates are discussed. Other observers may be admitted on an ad hoc basis upon agreement of all participating parties with a permanent seat.
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 959 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. If the Chair of the Authority no longer fulfils the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the European Parliament or the Council may, following a proposal by the General Board in either composition, adopt an implementing or in their own initiative, adopt a joint decision to remove the Chair of the Authority from office. The Council shall act by qualified majority.
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 978 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. After ruling on the admissibility of the review, the Administrative Board of Review shall express an opinion within a period appropriate to the urgency of the matter and no later than two months from the receipt of the request and remit the case for preparation of a new draft decision to the Executive Board. The Executive Board shall take into account the opinion of the Administrative Board of Review and shall promptly adopt a new decision, integrating, where the Executive Board deems appropriate, the opinion of the Administrative Board of Review. The new decision shall abrogate the initial decision, replace it with a decision of identical content, or replace it with an amended decision.
Amendment 1007 #
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Authority shall reply orally or in writing to questions put to it by the European Parliament in accordance with its own procedures and in any event within five weeks of receipt of a question..
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 1011 #
Proposal for a regulation
Article 72 – paragraph 4 b (new)
Article 72 – paragraph 4 b (new)
4b. During any investigations by the European Parliament, including the set- up of special or inquiry committees, the Authority shall cooperate with the European Parliament. Within six months of the appointment of the Chair, the Authority and the European Parliament shall conclude appropriate arrangements on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the Authority by this Regulation. Subject to the power of the European Parliament pursuant to Article 226 TFEU, those arrangements shall cover, inter alia, access to information, including rules on the handling and protection of classified or otherwise confidential information, cooperation in hearings, confidential oral discussions, reports, responding to questions, investigations and information on the selection procedure of the Chair and the Executive Director.
Amendment 1013 #
Proposal for a regulation
Article 76 a (new)
Article 76 a (new)
Amendment 1018 #
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. By ... [12 months after the date of entry into force of this Regulation], the Authority shall conclude a memorandum of understanding with the authorities referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to obliged entities.
Amendment 1019 #
Proposal for a regulation
Article 77 – paragraph 1 b (new)
Article 77 – paragraph 1 b (new)
1b. When drafting regulatory technical standards, guidelines and recommendations in accordance with this Regulation, having an impact on the scope of the mandate of the European Supervisory Authorities, the Authority shall closely cooperate with them.
Amendment 1023 #
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. When drafting guidelines and recommendations in accordance with Article 43,regulatory technical standards, guidelines and recommendations having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection.
Amendment 1025 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. WThere necessary for the fulfilment of its tasks listed in Article 5, the Authority shall cooperate, as appropriate, with the non- AML/CFT author Authority shall cooperate and exchange information, within the boundaries of its mandate, with the non- AML/CFT authorities. Cooperation and exchange of information shall include, in particular, supervisory activities carried out by the Authority which may have an impact on prudential supervision or the overall risk profile of obliged entities.
Amendment 1029 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. By ... [12 months after the date of entry into force of this Regulation], the Authority and the European Central Bank shall conclude a memorandum of understanding setting out the practical modalities for cooperation and for exchange information in the performance of their respective tasks under Union law.
Amendment 1031 #
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The Authority shall ensure effective cooperation and information exchange between all financial supervisors in the AML/CFT supervisory system and the relevant non- AML/CFT authorities referred to in paragraph 1, including with regard to access to any information and data in central AML/CFT database referred to in Article 11.
Amendment 1032 #
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Where relevant for the fulfilment of the tasks referred to in Sections 3 and 6 of Chapter II, the Authority may participate in existing cooperation arrangements established in one or across several Member States by supervisory authorities or FIUs, where such arrangements involve, inter alia, cooperation and information exchange between the aforementioned authorities and selected obliged entities. Participation of the Authority shall be subject to consent of the relevant national authority that has established such arrangement.
Amendment 1033 #
Proposal for a regulation
Article 79 – paragraph 1 a (new)
Article 79 – paragraph 1 a (new)
1a. Where relevant for the fulfilment of the tasks referred to in Sections 3 and 6 of Chapter II, the Authority may set up cooperation arrangements with selected obliged entities as well as other obliged entities in the financial and non-financial sector. Those cooperation arrangements may also provide for the participation of supervisory authorities, FIUs, data protection authorities at national and Union level, as appropriate, and, if all participating parties agree to it, other relevant stakeholders which exclusively provide AML compliance support services. The Authority shall ensure that those cooperation arrangements comply with the applicable data protection rules.
Amendment 1038 #
Proposal for a regulation
Article 81 – paragraph 1 a (new)
Article 81 – paragraph 1 a (new)
1a. The Authority shall be responsible, under Article 37 of Directive [please insert reference – proposal for 6th Anti- Money Laundering Directive - COM/2021/423 final] for assessing whether professional secrecy and confidentiality requirements applicable to supervisory authorities in third countries are equivalent to the EU standards.
Amendment 1039 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The Authority mayshall develop model administrative arrangements, with a view to establishing consistent, efficient and effective practices within the Union and to strengthening international coordination and cooperation in the fight against money laundering and terrorist financing. The public authorities and FIUs shall make every effort to follow such model arrangements.
Amendment 1061 #
Proposal for a regulation
Article 88 – paragraph 2 – point a a (new)
Article 88 – paragraph 2 – point a a (new)
(aa) it is appropriate to expand the scope for direct supervision, not only regarding the total number of selected obliged entities, but also regarding the use residual risk for the selection procedure for direct supervision;
Amendment 1063 #
Proposal for a regulation
Article 88 – paragraph 2 – point c
Article 88 – paragraph 2 – point c
(c) it is appropriate to confer additional tasks in the area of support and coordination of the work of FIUs, including the mandate for developing a one-stop-shop platform within FIU.net for the submission of consolidated suspicious transaction reports;