Activities of Sir Graham WATSON related to 2013/0025(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing PDF (706 KB) DOC (782 KB)
Amendments (61)
Amendment 94 #
Draft legislative resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to commitments made at the G8 Summit of June 2013 in Northern Ireland;
Amendment 99 #
Proposal for a directive
Recital 2
Recital 2
(2) The soundness, integrity and stability of credit and financial institutions and confidence in the financial system as a whole could be seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to channel lawful or unlawful money for terrorist purposes. In order to facilitate their criminal activities, money launderers and terrorist financers could try to take advantage of the freedom of capital movements and the freedom to supply financial services which the integrated financial area entails, if certain coordinating measures are not adopted at Union level. At the same time, the objectives of protection of society from criminals and protection of the stability and integrity of the European financial system shall be balanced against the need to create a regulatory environment that allows companies to grow their businesses without incurring disproportionate compliance costs. Any requirement imposed on obliged entities to fight money laundering and terrorist financing must therefore be justified and proportionate.
Amendment 103 #
Proposal for a directive
Recital 4
Recital 4
(4) Money laundering and terrorist financing are frequently carried out in an international context. Measures adopted solely at national or even European Union level, without taking account of international coordination and cooperation, would have very limited effects. The measures adopted by the European Union in this field should therefore be consistent with other action undertaken in other international fora. The European Union action should continue to take particular account of the Recommendations of the FATF, which constitutes the foremostand other international bodyies active in the fight against money laundering and terrorist financing. With the view to reinforce the efficacy of the fight against money laundering and terrorist financing, Directives 2005/60/EC and 2006/70/EC should, where appropriate, be aligned with the new FATF Recommendations adopted and expanded in February 2012.
Amendment 114 #
Proposal for a directive
Recital 9
Recital 9
(9) It is important to expressly highlight that ‘tax crimes’ related to direct and indirect taxes are included in the broad definition of ‘criminal activity’ under this Directive in line with the revised FATF Recommendations. Differences in national definition should not impede the exchange of information between FIUs and other competent authorities.
Amendment 116 #
Proposal for a directive
Recital 10
Recital 10
(10) There is a need to identify any natural person who exercises ownership or control over a legal person. While finding a specified percentage shareholding will not automatically result in finding the beneficial owner, it is anone evidential factor among others to be taken into account. Identification and verification of beneficial owners should, where relevant, extend to legal entities that own other legal entities, and should follow the chain of ownership until the natural person who exercises ownership or control of the legal person that is the customer is found. .
Amendment 120 #
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retainmaintain a central public register disclosing adequate, accurate and current information on their beneficial ownership and make this information available to competent authorities and obliged entitof companies. In addition, trustees should declare their status to obliged entities.
Amendment 122 #
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities. In addition, trustees should declare their status to obliged entitieshrough central registers available to public.
Amendment 125 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The establishment of beneficial ownership registers by Member States would significantly improve the fight against money laundering, terrorist financing, corruption, tax crimes, fraud and other financial crimes. This could be achieved by improving the operations of the existing business registers in the Member States. The interconnectivity of registers is vital to make use of the information contained therein, due to the cross-border nature of business transactions. The interconnection of business registers across the Union is already set out in Directive 2012/17/EU of the European Parliament and of the Council which should be further developed.
Amendment 129 #
Proposal for a directive
Recital 13
Recital 13
(13) The use of the gambling sector to launder the proceeds of criminal activity is of concern. In order to miHowever, one must differentigate the risks related to the sector and to provide parity amongst the providers of gambling services, an obligation for all providers of gambling services to conduct customer due diligence for single transactions of EUR 2 000 or more should be laid down. Member States should consider applying this threshold to the collection of winnings as well as wagering a stake. Pbetween gambling services which bear a high risk of being used for money laundering and those gambling services where such a risk is very low. Further evidence and research are required to understand the nature and extent of the risks in different types of gambling sectors which should be obtained from Member States risk assessments. Accordingly, for the purposes of this Directive, providers of different gambling services with physical premises (e.gctors have to be treated differently. cCasinos and gaming houses) should ensure that customer due diligence, if it is taken at the point of entry to the premises, can be linked to the transactions conducted by the customer on those premises.
Amendment 138 #
Proposal for a directive
Recital 16
Recital 16
(16) The results of risk assessments at Member State level shouldall, where appropriate, be made available to obliged entities to enable them to identify, understand and mitigate their own risks.
Amendment 142 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
Amendment 143 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) In order to provide the obliged entities with the means in which to comply with their obligations under this Directive, Member States shall develop official registers of beneficial ownership information of companies and provide, in cooperation with national supervisory authorities and FIUs, the obliged entities with information and tools in order to identify and verify politically exposed persons referred to in article 3 (7) a-f.
Amendment 144 #
Proposal for a directive
Recital 19
Recital 19
(19) Risk itself is variable in nature and over time, and the variables, either on their own or in combination, may increase or decrease the potential risk posed, thus having an impact on the appropriate level of preventative measures, such as customer due diligence measures. Thus, there are circumstances in which enhanced due diligence should be applied and others in which simplified due diligence may be appropriate.
Amendment 151 #
Proposal for a directive
Recital 25
Recital 25
(25) All Member States have, or should, set up operationally independent and autonomous financial intelligence units (hereinafter referred to as FIUs) to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. Suspicious transactions should be reported to the FIUs, which should serve as a national centre for receiving, analysing and disseminating to the competent authorities suspicious transaction reports and other information regarding potential money laundering or terrorist financing. This should not compel Member States to change their existing reporting systems where the reporting is done through a public prosecutor or other law enforcement authorities, as long as the information is forwarded promptly and unfiltered to FIUs, allowing them to perform their tasks properly, including international cooperation with other FIUs.
Amendment 154 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Lead Authority (One Stop Shop) In the context of anti-money laundering requirements for obliged entities established in more than one Member State or providing services from one Member State to persons in other Member States, the home competent authority of the main establishment of the obliged entity should act as the lead authority responsible for the supervision of compliance by such obliged entities in all Member States in cooperation with the host competent authorities.
Amendment 159 #
Proposal for a directive
Recital 31
Recital 31
(31) Certain aspects of the implementation of this Directive involve the collection, analysis, storage and sharing of data. The processing of personal data should be permitted in order to comply with the obligations laid down in this Directive, including carrying out of customer due diligence, ongoing monitoring, investigation and reporting of unusual and suspicious transactions, identification of the beneficial owner of a legal person or legal arrangement, sharing of information by competent authorities and sharing of information by financial institutions and obliged entities. The personal data collected should be limited to what is strictly necessary for the purpose of complying with the requirements of this Directive and not further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f
Article 2 – paragraph 1 – point 3 – point f
(f) providers of gambling services. With the exception of casinos and online gambling, Member States may decide to exempt fully or in part certain gambling services from national provisions transposing the provisions of this Directive on the basis of the low risk posed by the nature of operations of such service providers.
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f a (new)
Article 2 – paragraph 1 – point 3 – point f a (new)
(fa) With the exception of casinos and online gambling, Member States may decide to exempt certain gambling services from the provisions of this directive on the basis of the proven low risk posed by the nature of operations of such service providers. Any decision taken by a Member State pursuant to this paragraph shall be notified to the Commission.
Amendment 203 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. In assessing the risk of money laundering or terrorist financing occurring for the purposes of this Article, Member States shall pay special attention to any financial activity which is regarded as particularly likely, by its nature, to be used or abused for money laundering or terrorist financing purposes. In a similar fashion, activities which are particularly unlikely to be used for money laundering or terrorist financing purposes shall be treated accordingly.
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point ii
Article 3 – paragraph 1 – point 5 – point a – point ii
(ii) if there is any doubt that the person(s) identified in point (i) are the beneficial owner(s) or if no person can be found under point (i), the natural person(s) who exercises control over the management of a legal entity through other means;
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point f – introductory part
Article 3 – paragraph 1 – point 7 – point f – introductory part
(f) ‘persons known to bthat evidence indicates are close associates’ shall include the following:
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point f – point i
Article 3 – paragraph 1 – point 7 – point f – point i
(i) any natural person who is known toevidence indicates haves joint beneficial ownership of legal entities or legal arrangements, or any other close business relations, with a person referred to in points (7)(a) to (7)(d) above;
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
(11a) 'non-face to-face' business relationships or transactions mean carrying out of a contract or a transaction, without the simultaneous physical presence of the contractor or intermediary and the consumer, by making exclusive use of one or more of the internet, telemarketing or other electronic means of communication up to and including the time at which the contract is concluded;
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 1 – point 11 b (new)
Article 3 – paragraph 1 – point 11 b (new)
(11b) 'beneficiary' may depend on the context: (a) In trust law, a beneficiary is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary can be a natural or legal person or arrangement. All trusts other than charitable or statutory permitted non-charitable trusts are required to have ascertainable beneficiaries. While trusts must always have some ultimately ascertainable beneficiary, trusts may have no defined existing beneficiaries but only objects of a power until some person becomes entitled as beneficiary to income or capital on the expiry of a defined period, known as the accumulation period. This period is normally coextensive with the trust perpetuity period which is usually referred to in the trust deed as the trust period. (b) In the context of life insurance or another investment linked insurance policy, a beneficiary is the natural or legal person, or a legal arrangement, or category of persons, who will be paid the policy proceeds if an insured event occurs, which is covered by the policy.
Amendment 238 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall, following a risk- based approach, ensure that the provisions of this Directive are extended in whole or in part to professions and to categories of undertakings, other than the obliged entities referred to in Article 2(1), which engage in activities which are particularly likely to be used for money laundering or terrorist financing purposes.
Amendment 239 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where a Member State decides to extend the provisions of this Directive to professions and to categories of undertakings other than those referred to in Article 2(1), it shall inform the Commission thereof, and shall provide the necessary evidence for including these professions or categories of undertakings under the scope of this Directive.
Amendment 249 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The European Banking Authority (hereinafter ‘EBA’), European Insurance and Occupational Pensions Authority (hereinafter ‘EIOPA’) and European Securities and Markets Authority (hereinafter ‘ESMA’) shall provide a joint opinion on the money laundering and terrorist financing risks affecting the internal market. The joint opinion shall include proposals for minimum standards for risk assessments to be conducted by competent national authorities. These minimum standards shall be developed in cooperation with Member States and shall involve the industry and other relevant stakeholders through public consultations and private stakeholders meetings as appropriate.
Amendment 250 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The European Banking Authority (hereinafter ‘EBA’), European Insurance and Occupational Pensions Authority (hereinafter ‘EIOPA’) and European Securities and Markets Authority (hereinafter ‘ESMA’) shall provide a joint opinion on the money laundering and terrorist financing risks affecting the internal market. EBA, EIOPA and ESMA shall ensure that they take into account the information provided by obliged entities referred to in Article 2 of this Directive in developing the joint opinion.
Amendment 269 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall take appropriate steps to identify, assess, understand and mitigate the money laundering and terrorist financing risks affecting it, and keep the assessment up-to- date. This assessment shall comply with, but not be limited to, the minimum standards referred to in Article 6 (1).
Amendment 273 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In carrying out the assessments referred to in paragraph 1, Member States mayshall make use of the opinion referred to in Article 6(1).
Amendment 278 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make the results of their risk assessments available to the other Member States, the Commission, and EBA, EIOPA and ESMA, ESMA and obliged entities upon request.
Amendment 286 #
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Member States and obliged entities should identify and assess the money laundering or terrorist financing risks that may arise in relation to the use of new or developing technologies or business practices, including new delivery mechanisms, for both new and pre- existing products. In the case of obliged entities, such a risk assessment should take place prior to the launch of the new products, business practices or the use of new or developing technologies. Obliged entities should take appropriate measures to manage and mitigate those risks.
Amendment 294 #
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) for providers of gambling services, when carrying out occasional transactions amounting to EUR 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked; According to the provisions of this Directive, Member States may exclude from due diligence measures certain types of gambling services where the risk of money laundering is minimal due to the low stakes used or the means by which these gambling services are provided making them an impractical and inefficient method for laundering money;
Amendment 315 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Obliged entities shall also be required when performing the measures in points (a) and (b) above, to verify that any person purporting to act on behalf of the customer is so authorised and shall be required to identify and verify the identity of that person.
Amendment 323 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. By way of derogation from Articles 10(a), (b) and (f), 11(2) and 12(1), Member States may allow the institutions and persons covered by this Directive not to apply customer due diligence in respect of:
Amendment 324 #
Proposal for a directive
Article 13 – paragraph 1 a – point 1 (new)
Article 13 – paragraph 1 a – point 1 (new)
(1) electronic money, as defined in Article 1(3)(b) of Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions, where, if the device cannot be recharged, the maximum amount stored in the device is no more than EUR 150, or where, if the device can be recharged, a limit of EUR 2 500 is imposed on the total amount transacted in a calendar year, except when an amount of EUR 1 000 or more is redeemed in that same calendar year by the bearer as referred to in Article 3 of Directive 2000/46/EC,
Amendment 327 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 332 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to in Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010, on the risk factors to be taken into consideration and/or the measures to be taken in situations where simplified due diligence measures are appropriate. Specific account should be taken of the nature and size of the business, and where appropriate and proportionate, specific measures should be foreseen. These guidelines shall be issued within 21 years of the date of entry into force of this Directive.
Amendment 336 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010 on the risk factors to be taken into consideration and/or the measures to be taken in situations where enhanced due diligence measures need to be applied. Those guidelines shall be issued within 21 years of the date of entry into force of this Directive.
Amendment 347 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
Obliged entities shall take reasonable measures, in line with the risk-based approach, to determine whether the beneficiaries of a life or other investment related insurance policy and/or, where required, the beneficial owner of the beneficiary are politically exposed persons. Those measures shall be taken at the latest at the time of the payout or at the time of the assignment, in whole or in part, of the policy. Where there are higher risks identified, in addition to taking normal customer due diligence measures, Member States shall require obliged entities to:
Amendment 349 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Member States, in cooperation with national supervisory authorities and FIUs shall provide obliged entities with the necessary information or tools to identify and verify politically exposed persons referred to in article 3 (7) a-f. The list shall be accessible to competent authorities and obliged entities. The requirements stipulated in this Article shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on that information as sufficient to fulfil those obligations.
Amendment 350 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Member States, in cooperation with national supervisory authorities and FIUs shall provide obliged entities with the necessary information or tools to identify and verify politically exposed persons referred to in article 3 (7) a-f. The list shall be accessible to competent authorities and obliged entities but shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on that information as sufficient to fulfil those obligations.
Amendment 354 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. For the purposes of this Section, ‘third parties’ shall mean obliged entities who are listed in Article 2, or other institutions and persons situated in Member States or a third country, who apply customer due diligence requirements and record keeping requirements equivalent toconsistent with those laid down in this Directive and their compliance with the requirements of this Directive is supervised in accordance with Section 2 of Chapter VI.
Amendment 361 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities established within their territory obtain and hold adequate, accurate and current information on their beneficial ownership in a central public register.
Amendment 377 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall cooperate with third countries to encourage that equivalent central registers containing beneficial ownership information are established and information referred to in paragraph 1 of this Article on companies in their countries is made accessible to obliged entities within the EU.
Amendment 388 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 of this Articlegeneral public, Union and International competent authorities and obliged entities can be accessed in a timely manner by competent authorities and by obliged entities in an efficient and timely manner all information contained in the central public register referred to in paragraph 1.
Amendment 392 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the informationcentral registers referred to in paragraph 1 of this Article can be accessed in a timeinclude adequate, accurate and current information on the beneficial owner(s) established within their territory which shall generally mannerd speedily be available to the public at a minimal cost. These registers shall also be accessible by competent authorities and by, obliged entities and the public from other Member States.
Amendment 421 #
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, potential terrorist financing or are required by national legislation or regulation. The FIU shall be provided with adequate financial, human, and technical resources in order to fulfil its tasks.
Amendment 435 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall take all appropriate measures in order to protect employeensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threare duly protected from threats or hostile action, and from all forms of adverse treatment, adverse consequence, or adverse or discriminatory employment actions. Member States or hostile actionshall guarantee legal aid free of charge for such persons and shall provide secure communication channels, including anonymous channels, for persons to report suspicions of money laundering or terrorist financing.
Amendment 441 #
Proposal for a directive
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) in the case of the customer due diligence, a copy or the references of the evidence requirobtained, for a period of five years after the occasional transaction was carried out or after the business relationship with their customer has ended. Upon expiration of this period, personal data shall be deleted unless otherwise provided for by national law, which shall determine under which circumstances obliged entities may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period after the business relationship has ended shall not exceed ten years;
Amendment 446 #
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) in the case of business relationships and transactions, the supporting evidence and records of transactions, consisting of the original documents or copies admissible in court proceedings under the applicable national legislation for a period of five years following either the carrying-out of the transactions or the end of the business relationship, whichever period is the shorteexpires first. Upon expiration of this period, personal data shall be deleted, unless otherwise provided for by national law, which shall determine under which circumstances obliged entities may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following either the carrying-out of the transactions or the end of the business relationship, whichever period endexpires first, shall not exceed ten years.
Amendment 456 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States shall require that obliged entities take measures proportionate to their risks, nature and size so that their relevant employees are aware of the provisions adopted pursuant to this Directive, including relevant data protection requirements.
Amendment 457 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
These measures shall include participation of their relevant employees in special ongoing training programmes to help them recognise operations which may be related to money laundering or terrorist financing and to instruct them as to how to proceed in such cases.
Amendment 474 #
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Member States shall ensurequire that obliged entities that operate branches or subsidiaries in other Member States respect the national provisions of that other Member State pertaining to this Directive.
Amendment 475 #
Proposal for a directive
Article 45 – paragraph 6 – introductory part
Article 45 – paragraph 6 – introductory part
6. Member States shall ensure that competent authorities thatwhen applying a risk- sensitivebased approach to supervision, competent authorities:
Amendment 478 #
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
The Commission may lend such assistance as may be needed to facilitate coordination, including the exchange of information between FIUs within the Union. It mayshall regularly convene meetings with representatives from Member States' FIUs to facilitate co-operation and to exchange views on co-operation related issues.
Amendment 482 #
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Member States shall encouragrequire their FIUs to use protected channels of communication between FIUs and to use the decentralised computer network FIU.netthemselves.
Amendment 489 #
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
Member States shall ensure thatcourage their FIUs to cooperate with Europol regarding analyses carried out having a cross-border dimension concerning at least two Member States.
Amendment 513 #
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. EBA, EIOPA, and ESMA shall issue guidelines addressed to competent authorities in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010 on types of administrative measures and sanctions and level of administrative pecuniary sanctions applicable to obliged entities referred to in Article 2(1)(1) and (2). These guidelines shall be issued within 21 years of the date of entry into force of this Directive.
Amendment 539 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point e
Annex 3 – paragraph 1 – point 2 – point e
Amendment 542 #
Proposal for a directive
Annex 3 – paragraph 1 – point 3 – point c
Annex 3 – paragraph 1 – point 3 – point c
(c) countries subject to sanctions, embargos or similar measures issued by, for example, the United Nations and the European Union;