1 Amendments of Lukas MANDL related to 2021/0239(COD)
Amendment 475 #
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
6a. 1. By way of derogation from points (a), (b) and (c) of Article 16(1), and based on an appropriate risk assessment which demonstrates a low risk, a Member State may allow obliged entities not to apply certain customer due diligence measures with respect to electronic money, where all of the following risk- mitigating conditions are met: (a) the payment instrument is not reloadable, or has a maximum monthly payment transactions limit of EUR 150 which can be used only in that Member State; (b) the maximum amount stored electronically does not exceed EUR 150; (c) the payment instrument is used exclusively to purchase goods or services; (d) the payment instrument cannot be funded with anonymous electronic money; (e) the issuer strictly monitors the transactions and business relationship to enable the detection of unusual or suspicious transactions and shall report unusual or suspicious transactions to the AMLA. 2. Member States shall ensure that the derogation provided for in paragraph 1 of this Article is not applicable in the case of redemption in cash or cash withdrawal, or in the case of remote payment transactions as defined in point (6) of Article 4 of the Directive (EU) 2015/2366 of the European Parliament and of the Council where the amount paid exceeds EUR 50 per transaction. 3. Member States shall ensure that credit institutions and financial institutions acting as acquirers only accept payments carried out with anonymous prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in paragraphs 1 and 2. Member States may decide not to accept on their territory payments carried out by using anonymous prepaid cards. 4. By [2 years after the entry into force of this Regulation] AMLA shall conduct, in close collaboration with the EBA and the ESMA, an impact assessment on the money laundering and terrorist financing risks associated to the use of anonymous electronic money services, taking into consideration the total anonymous electronic money transaction volume as well as recipients of anonymous electronic money transactions, focusing on the relative risk compared to cash transactions. On the basis of that assessment, and taking due account of the differences between Member States which do and do not implement the derogation in Article 6 a (1), the Commission may, where appropriate, submit to the European Parliament and to the Council a legislative proposal by [3 years after the entry into force of this Regulation].