22 Amendments of Karolin BRAUNSBERGER-REINHOLD related to 2021/0240(COD)
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The choice of the location of the seat of the Authority shall comply with the following conditions: (a) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall enable close cooperation with EU institutions and agencies with relevant experience in the field of risk assessment and supervision; (f) it shall ensure sustainability and digital connectivity with regard to infrastructure and working conditions.
Amendment 526 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) credit institutions that are established in at least sevten Member States, including the Member State of establishment and the Member States where they are operating via subsidiaries or branches;
Amendment 644 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
(3a) Obliged entities shall not be obliged to provide information if the same information has already been provided to another financial intelligence unit. This provision shall also apply mutatis mutandis to cooperation and information exchange pursuant to Articles 77 and 78 of this Regulation.
Amendment 647 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
(2) The persons referred to in Article 16 shall be subject to investigations launched on the basis of a decision of the Authority, to the extent that such investigations are necessary to comply with the requirements of this Regulation. When a person obstructs the conduct of the investigation, the financial supervisor of the Member State where the relevant premises are located shall provide, in compliance with national law, the necessary assistance, including facilitating the access by the Authority to the business premises of the legal persons referred to in Article 16, so that the rights listed in paragraph 1 of this Article can be exercised.
Amendment 662 #
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) the Authority has evidence that the selected obliged entity is extremely likely to breach the requirements of Union acts and national legislation referred to Article 1(2) within the next 12 months;
Amendment 668 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
(2) For the purposes of Article 6(1) the Authority shall have, in particular, the following powers:
Amendment 690 #
Proposal for a regulation
Article 21 – paragraph 3 – point e
Article 21 – paragraph 3 – point e
(e) for material breaches of the decisions of the Authority referred to in Article 6(1), the sanction shall amount to at least EUR 1050 000 and shall not exceed EUR 1 000 000.
Amendment 694 #
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
(6) The maximum amount of a sanction for material breaches referred to in paragraph 2, points (a) and (b) shall not exceed 10 % of the total annual turnover of the legal entity concerned of the obliged entity in the preceding business year, after application of the coefficients referred to in paragraphs 4 and 5.
Amendment 697 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
(7) The maximum amount of a sanction for material breaches referred to in paragraph 2, points (c) and point (d) shall not exceed EUR 10 006 250 000 or, in the Member States whose currency is not the Euro, the corresponding value in the national currency, after application of the coefficients referred to in paragraphs 4 and 5.
Amendment 801 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
(2) For the purposes of this Article, the Authority shall establish ad hoc peer review committees, which shall be composed of staff from the Authority and, members of the non-financial supervisors and representatives of the obliged entity in accordance with Article 3 of the [Anti- Money Laundering Regulation]. The peer review committees shall be chaired by a member of the Authority’s staff. The Chair of the Authority shall, following a call for proposals, propose the chair and the members of a peer review committee which shall be approved by the Executive Board.
Amendment 814 #
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
Amendment 821 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 822 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
Amendment 823 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 2
Article 32 – paragraph 4 – subparagraph 2
Amendment 824 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 826 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
Amendment 829 #
Proposal for a regulation
Article 32 – paragraph 6 – subparagraph 1
Article 32 – paragraph 6 – subparagraph 1
Amendment 830 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
Amendment 831 #
Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 1
Article 32 – paragraph 7 – subparagraph 1
Amendment 982 #
Proposal for a regulation
Article 64 – paragraph 3 – point b
Article 64 – paragraph 3 – point b
(b) the fees paid by the selected and non-selected obliged entities in accordance with Article 65, for tasks mentioned in Article 5(1), points (b) and (c).
Amendment 1027 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
(1) Where necessary for the fulfilment of its tasks listed in Article 5, the Authority shall cooperate, as appropriate, with the non- AML/CFT authorities.
Amendment 1028 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
(2) Where necessary, tThe 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 selected obliged entities. In particular, there should be coordinated exchanges between the European Central Bank and the Authority on supervisory matters as referred to in Article 4(1)(e) of Regulation (EU) No1024/2013.