30 Amendments of Fabienne KELLER related to 2021/0241(COD)
Amendment 98 #
Proposal for a regulation
Recital 15
Recital 15
(15) The full traceability of transfers of funds and crypto-assets can be a particularly important and valuable tool in the prevention, detection and investigation of money laundering and terrorist financing, as well as in the implementation of restrictive measures, in particular those imposed by Regulations (EC) No 2580/2001, (EC) No 881/2002 and (EU) No 356/2010, in compliance with Union regulations implementing such measures. It is therefore appropriate, in order to ensure the transmission of information throughout the payment or transfers of crypto-assets chain, to provide for a system imposing the obligation on payment service providers and crypto-asset service providers to accompany transfers of funds and crypto- assets with information on the payer and the payee , and, for transfers of crypto- assets, on the originator and the beneficiary.
Amendment 102 #
Proposal for a regulation
Recital 19
Recital 19
(19) Transfers of funds corresponding to services referred to in points (a) to (m) and (o) of Article 3 of Directive (EU) 2015/236647 do not fall within the scope of this Regulation. It is also appropriate to exclude from the scope of this Regulation transfers of funds that represent a low risk of money laundering or terrorist financing. Such exclusions should cover payment cards, electronic money instruments, mobile phones or other digital or information technology (IT) prepaid or postpaid devices with similar characteristics, where they are used exclusively for the purchase of consumer goods orand services only and the number of the card, instrument or device accompanies all transfers. However, the use of a payment card, an electronic money instrument, a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics in order to effect a person- to-person transfer of funds, falls within the scope of this Regulation. In addition, Automated Teller Machine withdrawals, payments of taxes, fines or other levies, transfers of funds carried out through cheque images exchanges, including truncated cheques, or bills of exchange, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf should be excluded from the scope of this Regulation. __________________ 47 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
Amendment 105 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reflect the special characteristics of national payment and crypto-asset transfer systems, and provided that it is always possible to trace the transfer of funds back to the payer or the transfer of crypto-assets back to the beneficiary , Member States should be able to exempt from the scope of this Regulation certain domestic low-value transfers of funds, including electronic giro payments, or low-value transfers of crypto- assets, used for the purchase of consumer goods or services only.
Amendment 106 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reflect the special characteristics of national payment and crypto-asset transfer systems, and provided that it is always possible to trace the transfer of funds back to the payer or the transfer of crypto-assets back to the beneficiary originator, Member States should be able to exempt from the scope of this Regulation certain domestic low-value transfers of funds, including electronic giro payments, or low-value transfers of crypto- assets, used for the purchase of goods or services.
Amendment 110 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order not to impair the efficiency of payment systems and crypto-asset transfer services , and in order to balance the risk of driving transactions underground as a result of overly strict identification requirements against the potential terrorist threat posed by small transfers of funds or crypto-assets , the obligation to check whether information on the payer or the payee , or, for transfers of crypto-assets, the originator and the beneficiary, is accurate should, in the case of transfers of funds where verification has not yet taken place, be imposed only in respect of all individual transfers of funds or crypto-assets that exceed EUR 1000, unregardless of the transfer appears to be linked to other transfers of funds or transfersamount, in any currency, ofr crypto-assets, which together would exceed EUR 1000, the funds or crypto-assets have been received or paid out in cash or in anonymous electronic money, or where there are reasonable grounds for suspecting money laundering or terrorist financingare sent or received by a payment service provider, a crypto-asset service provider, or an intermediary payment service provider established in the Union.
Amendment 123 #
Proposal for a regulation
Recital 29
Recital 29
(29) The crypto-asset service provider of the originator should ensure that transfers of crypto-assets are accompanied by the name of the originator, the originator’s account number, where such an account exists and is used to process the transaction, and the originator’s address, nationality, official personal document number, customer identification number or date and place of birth. The crypto-asset service provider of the originator should also ensure that transfers of crypto-assets are accompanied by the name of the beneficiary and the beneficiary’s account number, where such an account exists and is used to process the transaction.
Amendment 133 #
Proposal for a regulation
Recital 39
Recital 39
(39) The number of working days in the Member State of the payment service provider of the payer or crypto-asset service provider of the beneficiaryoriginator determines the number of days to respond to requests for information on the payer or the originator .
Amendment 134 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The use of mixing and tumbling services should only be allowed in circumstances where it can be shown that the use of such services is necessary to overcome legitimate concerns, such as for privacy reasons. The receiver of crypto- assets that have been used in mixing and tumbling services should demonstrate, where necessary, the legitimacy of the practice for which the crypto-asset is used. Where the legitimacy of its use cannot be proven, the transaction should be prohibited.
Amendment 138 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) In order to ensure that competent authorities are able to efficiently investigate suspicious transactions and detect illicit use of crypto-assets and transfers of funds, the supervisory authorities should consider greater use of both regulatory and supervisory technology in their investigative processes.
Amendment 139 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) In order to rapidly address concerns about illicit transfers of funds and particularly crypto-assets, it is important that this Regulation enters into force as soon as possible. For that reason, any references to future regulations should not hinder the Union from taking action against the illicit transfer of funds and crypto-assets in the immediate term. This Regulation should be adapted to align with future legislation on Anti- Money Laundering and the Regulation on Markets in Crypto-Assets;
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to transfers of funds, in any currency, or crypto-assets covered under the scope of Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937-COM/2020/593 final], as well as those crypto-assets which would fall under existing financial legislation as outlined in Article 2 paragraph 2 of [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937- COM/2020/593 final], which are sent or received by a payment service provider , a crypto-asset service provider, or an intermediary payment service provider established in the Union.
Amendment 144 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to transfers of funds regardless of the amount, in any currency, or crypto-assets, which are sent or received by a payment service provider , a crypto-asset service provider, or an intermediary payment service provider established in the Union.
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 1 – point a
Article 2 – paragraph 3 – subparagraph 1 – point a
(a) that card, instrument or device is used exclusively to pay for consumer goods orand services only; and
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This regulation shall not apply either to transfers involving crypto-assets carried out by actors regulated under Directive 2015/2366 using payment card or an electronic money instrument or any other digital or IT prepaid or postpaid device with similar characteristics where the conditions referred to in points (a) and (b) are met. However, this Regulation shall apply when a payment card, an electronic money instrument or a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics, is used in order to effect a person-to-person transfer of funds or crypto-assets .
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 4
Article 2 – paragraph 4 – subparagraph 4
This Regulation shall not apply to person- to-person transfer of crypto-assets where it is determined that these transactions are carried out by natural persons who are identifiable.
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 5 – point c
Article 2 – paragraph 5 – point c
Amendment 177 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘person-to-person transfer of funds’ means a transaction between identifiable natural persons acting, as consumers, for purposes other than trade, business or profession;
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘person-to-person transfer of crypto-assets’ means a transaction between identifiable natural persons acting, as consumers, for purposes other than trade, business or profession, without the use or involvement of a crypto-asset service provider or other obliged entity;
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘crypto-asset’ means a crypto-asset as defined in Article 3(1), point 2 of Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937-COM/2020/593 final] except when falling under the categories listed in Article 2(2) of that Regulation or otherwise qualifying as fundsdigital representation of a value or a right for direct investment or finance purposes that uses cryptography for security and is in the form of a coin or a token or any other digital medium of distributed ledgers, and which may be transferred and stored electronically, using distributed ledger technology or similar technology.
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘crypto-asset service provider ’ means a crypto-asset service provider as defined in Article 3(1), point (8) of [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937- COM/2020/593 final] where performing one or more crypto-asset services as defined in Article 3(1) point (9) of [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937- COM/2020/593 final]ny person whose occupation or business is the provision of one or more crypto-asset services to third parties on a professional basis;
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) for all transfers of funds exceeding EUR 1000regardless of the amount, whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, the information on the payer or the payee in accordance with Article 4;
Amendment 192 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 201 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In the case ofFor all transfers of funds exceeding EUR 1000,, regardless of the amount, and whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, before crediting the payee's payment account or making the funds available to the payee, the payment service provider of the payee shall verify the accuracy of the information on the payee referred to in paragraph 2 of this Article on the basis of documents, data or information obtained from a reliable and independent source, without prejudice to the requirements laid down in Articles 83 and 84 of Directive (EU) 2015/2366 .
Amendment 203 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 222 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the originator’s address, nationality, official personal document number, customer identification number or date and place of birth.
Amendment 302 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Use of mixing and tumbling services 1. Crypto-asset service providers offering mixing or tumbling services, privacy wallets, or other anonymising services for transfers of crypto-assets or other obliged entities shall request users of those services, to provide a justification of legitimate use, where appropriate, for the purposes of mitigating money laundering and terrorist financing.
Amendment 326 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The Commission shall update and align this Regulation where necessary following the entry into force of Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937-COM/2020/593 final] and Regulation [please insert reference – proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849].
Amendment 335 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Alignment with Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets] Following the publication of Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937- COM/2020/593 final] in the Official Journal of the European Union, power is delegated to the Commission to supplement this Regulation by adopting within 3 months a delegated act aligning the definitions contained in article 3, paragraph 1, points 13, 14, 15 and 16 of this Regulation to those in the Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937- COM/2020/593 final], in case there are any discrepancies.
Amendment 338 #
Proposal for a regulation
Article 31 b (new)
Article 31 b (new)