8 Amendments of Charles GOERENS related to 2021/0240(COD)
Amendment 89 #
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) The independence of lawyers vis- à-vis the government and state actors is a cornerstone of the rule of law. The right of bar associations to self-govern is pivotal to the well-functioning of the EU and Member State judiciary. The powers conferred to the Authority shall at all times apply without prejudice to these principles and must respect professional secrecy and legal privilege.
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘non-financial supervisor’ means a supervisor in charge of obliged entities listed in Article 3 of [AMLR], other than credit andinstitutions , financial institutions and independent legal professionals that are (i) registered with a self-regulatory body and (ii) bound by professional secrecy under the rule of law, taking account of the fact that the legal profession is self-regulatory by nature.
Amendment 114 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Authority may require selected obliged entities and natural or legal persons belonging to them, and third parties to whom the selected obliged entities have outsourced operational functions or activities and natural or legal persons affiliated to them, to provide all information that is necessary in order to carry out the tasks conferred on it by this Regulation. Any infringement of professional secrecy inherent in the legal profession should be avoided as breaching this basic principle would undermine judicial independence.
Amendment 125 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where a supervisory authority in the non-financial sector has not applied the Union acts or the national legislation referred to in Article 1(2), or has applied them in a way which appears to be a breach ofes Union law, in particular by failing to ensure that an entity under its supervision or oversight satisfies the requirements laid down in those acts or in that legislation, the Authority shall act in accordance with the powers set out in paragraphs 2, 3, 4, 6 and 7 of this Article.
Amendment 126 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
The supervisory authority shall, without delay, provide the Authority with all information which the Authority considers necessaryrelevant for itsthe investigation including information on how the Union acts or in that legislation referred to in Article 1(2) are applied in accordance with Union law. The authority's right to information shall apply without prejudice to professional secrecy and legal privilege.
Amendment 127 #
Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1
Article 32 – paragraph 3 – subparagraph 1
Before issuing such a recommendation, the Authority shall engage with the supervisory authority concerned, where it considers such engagement appropriate in order to resolve a breach of Union law, in an attempt to reach agreement on the actions necessary for compliance with Union law.
Amendment 128 #
Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
The supervisory authority in the non- financial sector shall, within ten working days of receiptwo months of the recommendation, inform the Authority of the steps it has taken or intends to take to ensure compliance with Union law.
Amendment 129 #
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. Where thea supervisory authority in the non-financial sector other than those in charge of the obliged entities listed in article 3 (3) (b) of the [AML Regulation] has not complied with Union law within one month from receipt of the Authority’s recommendation, the Commission may, after having been informed by the Authority, or on its own initiative, issue a formal opinion requiring the supervisory authority in the non- financial sector to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation.