Activities of Kyriacos TRIANTAPHYLLIDES related to 2013/0024(COD)
Plenary speeches (1)
Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on information accompanying transfers of funds PDF (429 KB) DOC (570 KB)
Amendments (15)
Amendment 46 #
Proposal for a regulation
Recital 1
Recital 1
(1) FTracking flows of dirty money through transfers of funds, can damage the stability and reputaonstitutes a crucial measure among others in the fight against corruption, of therganised crime and terrorism, as financial sectorprofit and threaten the internal market. Terrorisme subsequent attempt to conceal the true origin of criminal proceeds is the main driver for organised crime groups. Organised crime, terrorism and corruption can damage the democratic institutions and shakes the very foundations of our society. The soundness, integrity and stability of the system of transfers of funds 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 transfer funds for criminal activities or terrorist purposes.
Amendment 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) The full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, investigation and detection of money laundering or terrorist financing. It is therefore appropriate, in order to ensure the transmission of information throughout the payment chain, to provide for a system imposing the obligation on payment service providers to have transfers of funds accompanied by information on the payer and the payee, which should be accurate and updated.
Amendment 53 #
Proposal for a regulation
Recital 7
Recital 7
(7) The provisions of this Regulation apply without prejudice to national legislation implementing Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data19 . For example, personal data collected forand Regulation (EC) No 45/2001 of the pEurpose of complying with this Regulation should not be furopean Parliament and of the Council of 18 December 2000 on ther processed in a way inconsistent e with Directive 95/46/EC. In particular, furtection of individuals with regard to ther processing for commercial purposes should be strictly prohibited. The fight against money laundering and terrorist financing is recognised as an important public interest ground by all Member States. Hence, in the application of this Regulation, the transfer of personal data to a third country which does not ensure an adequate level of protection in the meaning of Article 25 of Directive 95/46/EC should be permitted according to Article 26 (d) of the same Directive. __________________ 19of personal data by the Community institutions and bodies and on the free movement of such data. For example, personal data collected for the purpose of complying with this Regulation should not be further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing for commercial purposes should be strictly prohibited. __________________ 19 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31.
Amendment 54 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The fight against money laundering and terrorist financing is recognised as an important public interest ground by all Member States which at the same time are fully committed to the protection of civil liberties and fundamental rights, including the rights to privacy, informational self-determination and data protection; Therefore the principles of necessity and proportionality, as set out in Article 8 of the European Convention on Human Rights and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, are key principles in ensuring effectiveness in the fight against organised crime and terrorism.
Amendment 58 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow the authorities responsible for combating money laundering or terrorist financing in third countries to trace the source of funds used for those purposes, transfers of funds from the Union to outside the Union should carry complete information on the payer and the payee. TOnly those authorities, as specifically designated by national law, should be granted access to complete information on the payer and only for the purposes of preventing, investigating and detecting money laundering or terrorist financing. No other external authorities or parties should have access to the data stored by the payment service providers.
Amendment 59 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Individuals who have access and are dealing with personal data of the payer of/and the payee shall respect the principles of data protection, confidentiality and security and Member States shall ensure that specific relevant training and guidelines are given to them.
Amendment 60 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) The payment service providers of the payer, the payee and the intermediary service providers should have in place appropriate technical and organisational measures to protect personal data against accidental loss, alteration, unauthorised disclosure or access.
Amendment 64 #
Proposal for a regulation
Recital 19
Recital 19
(19) Since in criminal investigations it may not be possible to identify the data required or the individuals involved until many months, or even years, after the original transfer of funds and in order to be able to have access to essential evidence in the context of investigations, it is appropriate to require payment service providers to keep records of information on the payer and the payee for the purposes of preventing, investigating and detecting money laundering or terrorist financing. This period should be limited as information on the payer and/or payee must not be kept longer than strictly necessary, and upon expiry of this period personal data must be deleted.
Amendment 74 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the payer's address, or national identity number, or customer identification number, or date and place of birth.
Amendment 123 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Payment service providers shall respond fully and without delay, in accordance with the procedural requirements established in the national law of the Member State in which they are established, only to enquiries from the authorities responsible for combating money laundering or terrorist financing of that Member State as designated under national law, concerning the information required under this Regulation. No other external authorities or parties shall have access to the data stored by the payment service providers.
Amendment 128 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Information on the payer or/and the payee must not be kept any longer than strictly necessary; The payment service provider of the payer and the payment service provider of the payee shall keep records of the information referred to in Articles 4, 5, 6 and 7 for a maximum period of five years. In the cases referred to in Article 14(2) and (3), the intermediary payment service provider must keep records of all information received for five years. Upon expiry of this period, personal data must be deleted, unless otherwise provided for by national law, which shall determine under which circumstances payment service providers may or shall further retain data. Member States may allow or require further retention. Member States may allow or require further retention only in exceptional situations which are duly justified and motivated and only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following carrying-out of the transfer of funds shall not exceed ten years.
Amendment 130 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The payments service providers of the payer, the payee and the intermediary service providers, shall have in place appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
Amendment 131 #
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
The information collected on the payer and/or the payee by the payment service providers of the payer, the payee and the intermediary payment service providers, shall be deleted following the expiry of the retention period.
Amendment 132 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Data confidentiality and security Information on the payer and the payee and the information collected for the purposes of this Regulation, shall only be accessible to designated persons, as specified in national law. Individuals who have access to and are dealing with personal data of the payer or/and the payee, shall respect the confidentiality of the data processes as well as the data protection requirements. Member States shall ensure that a specific data protection training is given to individuals who regularly collect and/or process personal data and that relevant guidelines will be available, accessible and given to these individuals.
Amendment 141 #
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.