Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Joint Responsible Committee | ['ECON', 'LIBE'] | SIMON Peter ( S&D), KIRKHOPE Timothy ( ECR) | KARIŅŠ Krišjānis ( PPE), IN 'T VELD Sophia ( ALDE), SARGENTINI Judith ( Verts/ALE) |
Former Joint Committee Responsible | ['ECON', 'LIBE'] | KLEVA KEKUŠ Mojca ( S&D), KIRKHOPE Timothy ( ECR) | |
Former Committee Opinion | DEVE | DEVA Nirj ( ECR) | Eva JOLY ( Verts/ALE) |
Former Committee Opinion | IMCO | ||
Former Committee Opinion | PETI | ||
Former Committee Opinion | JURI | ZWIEFKA Tadeusz ( PPE) |
Lead committee dossier:
Legal Basis:
RoP 58, TFEU 114-p1
Legal Basis:
RoP 58, TFEU 114-p1Subjects
Events
The Commission presents its report on the application of Chapter IV of Regulation (EU) 2015/847 on information accompanying transfers of funds.
As a reminder, Regulation (EU) 2015/847 on information accompanying transfers of funds together with Directive (EU) 2015/849 on preventing the use of the financial system for money laundering or terrorist financing (“AMLD”) constitute a modernised regulatory framework to fight abuses of the financial market, ensuring its safety and integrity and promoting the highest standards for anti-money laundering and counter terrorist financing (“AML/CFT”).
Article 22(2) of the Regulation requires that the Commission shall submit a report to the European Parliament and to the Council on the application of Chapter IV, with particular regard to cross-border cases.
This report is prepared for the purposes of Article 22(2).
Implementation
As regards the implementation of Chapter IV of Regulation 2015/847 on sanctions and monitoring, the Commission recalled that the Regulation is binding in its entirety and directly applicable in all Member States. However, with regard to Chapter IV, it foresees that certain implementing measures might need to be adopted by Member States. Therefore, Member States were required to notify to the Commission their national rules on administrative sanctions and measures applicable to breaches of this Regulation by 26 June 2017. Overall, the Commission finds the implementation by Member States of Chapter IV of the Regulation to be of an overall satisfactory quality. However, the identified shortcomings, e.g. the horizontal problem related to cross-border cooperation, should not be neglected. It is vital to eliminate all legal loopholes, as an effective sanctioning policy is of crucial importance for ensuring compliance with the Regulation.
Application
With regard to the application of the relevant provisions of the Regulation, no major deficiencies have been identified. The answers provided to the Commission’s questionnaire demonstrated an engagement of national competent authorities in supervisory activities regarding both the Regulation and the AMLD. Their modest sanctioning and investigatory activities under the Regulation could result from a general compliance of payment service providers with their legal obligations, but a more long-term monitoring will be necessary to exclude any potential weaknesses of the supervision framework.
The report also noted that considering an often cross-border nature of money laundering and terrorist financing, it is of utmost importance that the legal obligation of national supervisory authorities to cooperate and coordinate their actions, as provided for by the Regulation, is both correctly implemented and effectively applied in all Member States.
Lastly, the Commission will continue to support Member States in their implementation efforts and it reserves the right to take further measures to ensure that the Regulation is correctly implemented by all Member States. It is also vital that the national supervisory authorities effectively apply the Regulation and step up their enforcement activities.
PURPOSE: to improve traceability of payments and to prevent and detect money laundering and terrorist financing when transferring funds.
LEGISLATIVE ACT: Regulation (EU) 2015/847 of the European Parliament and of the Council on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006.
CONTENT: this Regulation, adopted at the same time as Directive (EU) 2015/849 , updates and improves the EU’s existing 3rd Anti-Money Laundering Directive (Regulation (EC) No 1781/2006) in ways which improve traceability of payments and ensure that the EU framework remains fully compliant with international standards (FATF recommendations).
This Regulation lays down rules on the information on payers and payees, accompanying transfers of funds , for the purposes of preventing, detecting and investigating money laundering and terrorist financing.
Scope : this Regulation shall apply to transfers of funds, in any currency, which are sent or received by a payment service provider or an intermediary payment service provider established in the Union. It shall not apply to transfers of funds carried out using a payment card, an electronic money instrument or a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics, where certain conditions are met. A Member State may decide not to apply this Regulation to transfers of funds within its territory to a payee's payment account permitting payment exclusively for the provision of goods or services where the amount of the transfer of funds does not exceed EUR 1 000.
Information accompanying transfers of funds : although existing legislation already requires financial service providers to ensure that transfers of funds are accompanied by information on the payer, the new rules require that information should include details as regards the payee (such as the name of the payee and he payee's payment account number).
Transfers of funds to outside the Union : these transfers should carry complete information on the payer and the payee. Those authorities should be granted access to complete information on the payer and the payee only for the purposes of preventing, detecting and investigating money laundering and terrorist financing.
Obligations on the payment service provider of the payee : in order to check whether the required information on the payer and the payee accompanies transfers of funds, and to help identify suspicious transactions, the payment service provider of the payee and the intermediary payment service provider should have effective procedures in place in order to detect whether information on the payer and the payee is missing or incomplete. Those procedures should include ex-post monitoring or real-time monitoring where appropriate.
The Regulation stipulates that the obligation to check whether information on the payer or the payee is accurate should, in the case of transfers of funds where verification has not yet taken place, be imposed only in respect of individual transfers of funds that exceed EUR 1 000 , unless the transfer appears to be linked to other transfers of funds which together would exceed EUR 1 000, the funds 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 financing.
With the aim of assisting payment service providers to put effective procedures in place to detect cases in which they receive transfers of funds with missing or incomplete payer or payee information and to take follow-up actions, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority ) (EIOPA), and the European Securities and Markets Authority (ESMA), should issue guidelines.
Retention of information and data protection : personal data shall be processed by payment service providers only for the purposes of the prevention of money laundering and terrorist financing. In order to facilitate criminal proceedings, the Regulation requires payment service providers to keep records of information on the payer and the payee for a period of time for the purposes of preventing, detecting and investigating money laundering and terrorist financing. That period should be limited to five years , after which all personal data should be deleted unless national law provides otherwise.
Sanctions : the sanctions and measures provided for shall be effective, proportionate and dissuasive and shall be consistent with those laid down in Directive (EU) 2015/849.
ENTRY INTO FORCE: 25.6.2015. The Regulation shall apply from 26.6.2017.
The European Parliament adopted a legislative resolution on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006.
Parliament approved the Council position at first reading without amendment.
The proposed directive aims to update and improve the EU’s existing 3rd Anti-Money Laundering Directive in ways that will improve traceability of payments and ensure that the EU framework remains fully compliant with international standards (FATF Recommendations).
The Committee on Economic and Monetary Affairs Committee on Civil Liberties, Justice and Home Affairs jointly adopted the recommendation for second reading contained in the report by Peter SIMON (S&D, DE) and Timothy KIRKHOPE (ECR, UK), on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006.
The committees recommended that the European Parliament approve the Council position at first reading without amendment.
The Commission approved the results of the inter-institutional negotiations and can therefore accept the Council's position at first reading with a view to adopting a Regulation of the European Parliament and of the Council on information accompanying transfers of funds.
The Commission considered that the position of the Council reflects the political agreement reached between the European Parliament and the Council on 16 December 2014 and includes elements proposed by both institutions.
The proposed Funds Transfers Regulation lays down rules for payment service providers to send information not only on the payer but also on the payee throughout the payment chain for the purposes of prevention, investigation, and detection of money laundering and terrorist financing and is to a large extent based on the new Recommendation 16 on wire transfers adopted by the Financial Action Task Force (FATF).
The proposed Regulation will enable national authorities to take more effective action against money laundering and terrorist financing at all levels.
The final compromise now includes a number of technical changes to the original Commission proposal which the Commission considers to improve the text and increase alignment with the relevant FATF Recommendation . Similarly, the Parliament has been broadly supportive of the technical work done.
The Council's Position at first reading reflects the compromise reached in negotiations between the Council and the European Parliament, with the support of the Commission.
The purpose of the Anti-Money Laundering Regulation (AMLR), which was adopted at the same time as the Anti-Money Laundering Directive , is to update and revise the existing 3rd AMLR with the aim of further strengthening the EU’s defences against money laundering and terrorist financing and of ensuring the soundness, integrity and stability of the financial system.
The amendments of the Council aim to strengthen the EU’s defences against money laundering and terrorist financing while ensuring consistency with the approach followed at international level, notably the FATF recommendations. On some issues, the new EU rules expand on the FATF's requirements and provide additional safeguards.
The amendments introduced by the Council and accepted by the Parliament concern the following issues:
Traceability of transfers of funds : the full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, detection and investigation of money laundering and terrorist financing. This includes the requirement to include information on the payee with a transfer of funds. Under the Regulation, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA) shall issue guidelines addressed to competent authorities and the payment service providers on measures to be taken in accordance with this Regulation, especially as regards transfer of funds with missing or incomplete information on the payer or the payee.
Sanctions : administrative sanctions should be foreseen and, given the importance of the fight against money laundering and terrorist financing, Member States should lay down sanctions that are effective, proportionate and dissuasive. The provisions relating to sanctions of the Regulation have been aligned to those of the Directive.
The Council's Position at first reading reflects the compromise reached in negotiations between the Council and the European Parliament, with the support of the Commission.
The purpose of the Anti-Money Laundering Regulation (AMLR), which was adopted at the same time as the Anti-Money Laundering Directive , is to update and revise the existing 3rd AMLR with the aim of further strengthening the EU’s defences against money laundering and terrorist financing and of ensuring the soundness, integrity and stability of the financial system.
The amendments of the Council aim to strengthen the EU’s defences against money laundering and terrorist financing while ensuring consistency with the approach followed at international level, notably the FATF recommendations. On some issues, the new EU rules expand on the FATF's requirements and provide additional safeguards.
The amendments introduced by the Council and accepted by the Parliament concern the following issues:
Traceability of transfers of funds : the full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, detection and investigation of money laundering and terrorist financing. This includes the requirement to include information on the payee with a transfer of funds. Under the Regulation, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA) shall issue guidelines addressed to competent authorities and the payment service providers on measures to be taken in accordance with this Regulation, especially as regards transfer of funds with missing or incomplete information on the payer or the payee.
Sanctions : administrative sanctions should be foreseen and, given the importance of the fight against money laundering and terrorist financing, Member States should lay down sanctions that are effective, proportionate and dissuasive. The provisions relating to sanctions of the Regulation have been aligned to those of the Directive.
The European Parliament adopted by 627 votes to 33 with 18 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on information accompanying transfers of funds.
Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Flows of illicit money, a major problem for the Union : Parliament stressed that flows of illicit money damage the structure, stability and reputation of the financial sector and threaten the internal market as well as international development, and directly or indirectly undermine the confidence of citizens in the rule of law. The funding of terrorism and organised crime remains a significant problem, which should be addressed at Union level.
Scope: Members state that the regulation shall not apply to transfers of funds carried out using a credit, debit or prepaid card or voucher, or a mobile telephone, e-money, or any other digital or information technology (IT) device where the card or device is used to pay goods and services to a company within professional trade or business. However, it shall apply when the means of payment is used in order to effect a person-to-person transfer of funds.
Information accompanying transfers of funds : before transferring the funds, the payment service provider of the payer shall apply customer due diligence measures and shall verify the accuracy and completeness of the information.
In the case of transfers of funds not made from an account, the payment service provider of the payer is required to verify at least the name of the payer for transfers of funds of up to EUR 1 000. It shall verify the complete information relating to the payer and the payee where the transaction is carried out in several operations that appear to be linked or where they exceed EUR 1 000.
Transfers within the Union : where the payment service provider(s) of both the payer and the payee are established in the Union, only the full name and the account number of the payer and the payee or the unique transaction identifier shall be required to be provided at the time of the transfer of funds.
In the case of an identified higher risk the payment service provider of the payee require the complete information relating to the payer and to the payee.
Missing information on the payer and the payee : from a practical perspective, Members consider that some kind of verification is going to be required, in order to avoid frauds and assure that the person who receives the funds is in fact the payee designated by the payer.
Where the payment service provider of the payer is established in a third country that presents an increased level of risk, enhanced customer due diligence shall be applied.
In any event, the payment service provider of the payer and the payment service provider of the payee shall comply with any applicable law or administrative provisions relating to money laundering and terrorist financing.
The intermediary payment service provider should have effective procedures in place in order to detect not only whether information is missing but also incomplete , in particular if numerous payment services are involved to improve the traceability of transfers of funds.
Obligation of cooperation : payment service providers and intermediary payment service providers shall respond fully and without delay , to enquiries exclusively from the authorities responsible for combating money laundering or terrorist financing of that Member State concerning the information required under the Regulation. Specific safeguards shall be put in place in order to ensure that such exchanges of information comply with data protection requirements. No other external authorities or parties shall have access to the data stored by the payment service providers.
Because a great proportion of illicit financial flows ends up in tax havens , Parliament states that the Union should increase its pressure on those countries to cooperate in order to combat such illicit financial flows and improve transparency.
It is also proposed that payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent.
Data protection: Members stressed that:
· payment service providers shall carry out their tasks for the purposes of this Regulation in accordance with national law transposing Directive 95/46/EC. Data retained shall in no case be used for commercial purposes;
· the transfer of personal data to a third country , or to an international organisation, which does not ensure an adequate level of protection may take place only after prior authorisation by the supervisory authority;
· information on the payer and the payee shall not be kept any longer than strictly necessary . Records of information shall be kept for a maximum period of five years and upon expiry of this period, personal data must be deleted.
Data protection authorities shall have powers, including the indirect access powers, to investigate, either ex officio or based on a complaint, any claims as regards problems with personal data processing.
In any case, access to the information collected shall be reserved only to designated persons or limited to persons strictly necessary for the completion of the undertaken risk.
Sanctions and monitoring : the Commission is called on to submit a report to the European Parliament , by 1 January 2017, on the implementation of the regulation, in particular, the application of Chapter IV, with regard to sanctions and monitoring.
EBA may issue guidelines on the processes for implementing the Regulation, taking into account the best practices of Member States.
Members also suggested that the Commission strengthen cooperation with national authorities outside the Union responsible for investigation and sanctioning breaches such as repeated non-inclusion of required information on the payer and payee by a payment service provider
The Committee on Economic and Monetary Affairs, jointly with the Committee on Civil Liberties, Justice and Home Affairs, adopted the report of Mojca KLEVA KEKUŠ (S&D, SI) and of Timothy KIRKHOPE (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council on information accompanying transfers of funds.
The parliamentary committees recommended that the position of the European Parliament adopted at first reading under the ordinary legislative procedure modify the Commission proposal as follows.
Scope : this regulation shall not apply to transfers of funds carried out using a credit, debit or prepaid card or voucher, or a mobile telephone, e-money , or any other digital or information technology (IT) device where the card or device is used to pay goods and services to a company within professional trade or business. However, it shall apply when the means of payment is used in order to effect a person-to-person transfer of funds.
Information accompanying transfers of funds : before transferring the funds, the payment service provider of the payer shall apply customer due diligence measures and shall verify the accuracy and completeness of the information.
In the case of transfers of funds not made from an account , the payment service provider of the payer is required to verify at least the name of the payer for transfers of funds of up to EUR 1 000. It shall verify the complete information relating to the payer and the payee where the transaction is carried out in several operations that appear to be linked or where they exceed EUR 1 000.
Transfers within the Union : where the payment service provider(s) of both the payer and the payee are established in the Union, only the full name and the account number of the payer and the payee or the unique transaction identifier shall be required to be provided at the time of the transfer of funds.
In the case of an identified higher risk the payment service provider of the payee require the complete information relating to the payer and to the payee.
Missing information on the payer and the payee : from a practical perspective, Members consider that some kind of verification is going to be required, in order to avoid frauds and assure that the person who receives the funds is in fact the payee designated by the payer.
Where the payment service provider of the payer is established in a third country which presents an increased level of risk , enhanced customer due diligence shall be applied.
In any event, the payment service provider of the payer and the payment service provider of the payee shall comply with any applicable law or administrative provisions relating to money laundering and terrorist financing.
Obligation of cooperation : payment service providers and intermediary payment service providers shall respond fully and without delay to enquiries exclusively from the authorities responsible for combating money laundering or terrorist financing.
No other external authorities or third parties shall have access to the data stored by the payment service providers, and specific safeguards shall be put in place in order to ensure that such exchanges of information comply with data protection requirements.
Because a great proportion of illicit financial flows ends up in tax havens , the EU should increase its pressure on these countries to cooperate in order to combat such illicit financial flows and improve transparency.
It is also proposed that payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent.
Data protection : Members stressed that:
· payment service providers shall carry out their tasks for the purposes of this Regulation in accordance with national law transposing Directive 95/46/EC. Data retained shall in no case be used for commercial purposes;
· The transfer of personal data to a third country, or to an international organisation , which does not ensure an adequate level of protection may take place only after prior authorisation by the supervisory authority;
· information on the payer and the payee shall not be kept any longer than strictly necessary. Records of information shall be kept for a maximum period of five years and upon expiry of this period, personal data must be deleted.
In any case, access to the information collected shall be reserved only to designated persons or limited to persons strictly necessary for the completion of the undertaken risk.
Sanctions and monitoring : the Commission is called on to submit a report to the European Parliament, by 1 January 2017, on the implementation of the regulation, in particular, the application of Chapter IV, with regard to sanctions and monitoring.
Members also suggested that the Commission strengthen the cooperation with national authorities outside the Union responsible for investigation and sanctioning in the case of breaches such as repeated non-inclusion of required information on the payer and payee by a payment service provider.
The Council took stock of work in progress on a draft directive on the prevention of money laundering and terrorist financing.
The discussion focused on the following outstanding issues:
registries for information on beneficial ownership: where such information should be stored, who should have access to it and under what conditions; supranational risk assessment: role of the European supervisory authorities and of the outcome of risk assessment; supranational monitoring of anti-money-laundering and counter-terrorist financing regimes: mechanisms to ensure effective implementation; third country equivalence: whether and how to modify the approach used to determine equivalence of anti-money laundering regimes in third countries.
The Council confirmed the aim rapidly agreeing a general approach, so that agreement can be reached with the European Parliament before the end of its current term (May 2014).
Opinion of the European Data Protection Supervisor on a proposal for a Regulation of the European Parliament and of the Council on information on the payer
accompanying transfers of funds .
On 5 February 2013, the Commission adopted two proposals: this proposal for a Regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds and the parallel 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 . The proposals were sent to the EDPS for consultation on 12 February 2013.
The EDPS underlines that the legitimate aim of achieving transparency of payments sources, funds deposits and transfers for purpose of countering terrorism and money laundering has to be pursued while ensuring compliance with data protection requirements.
The following issues should be addressed in both proposals:
· an explicit reference to applicable EU data protection law should be inserted in a substantive and dedicated provision, mentioning in particular Directive 95/46/EC and the national laws implementing Directive 95/46/EC, and Regulation (EC) No 45/2001;
· a definition of ‘competent authorities’ and ‘financial intelligence units (FIUs)’ should be added in the proposed Directive;
· it should be clarified that the legal ground for the processing would be the necessity to comply with a legal obligation by the obliged entities, competent authorities and FIUs;
· it should be recalled that the sole purpose of the processing must be the prevention of money laundering and terrorist financing, and that data must not be further processed for incompatible purposes ;
· the specific prohibition to process data for commercial purposes should be laid down in a substantive provision;
· a dedicated recital should be added to clarify that the fight against tax evasion is only inserted as predicate offences;
· substantive provisions on the transfers of personal data should be introduced which provide for an appropriate legal basis for the intra-group/PSP to PSP transfers that would respect the text and interpretation of Directive 95/46/EC; the proportionality of requiring the mass transfer of personal and sensitive information to foreign countries for the purpose of fighting AML/TF should be re-assessed
· an evaluation of alternative and less intrusive options to the general publication obligation should be undertaken and, in any case, specification in the proposed Directive the purpose of such a publication as well as the personal data that should be published;
· a substantive provision should be added that sets forth a maximum data retention period that must be respected by Member States.
In respect of the proposed Regulation, the EDPS further recommends to:
· refrain from using the national identity number as a reference without specific restrictions and/or safeguards, but to use the transaction number instead;
· recall the importance of respecting the principle of data accuracy in the context of AML procedures;
· add a provision stating that ‘the information should only be accessible to designated persons or classes of persons’;
· add a provision regarding the respect of confidentiality and data protection obligations by employees dealing with personal information on the payer and the payee;
· clarify that no other external authorities or parties that have no interest in combating money laundering or terrorist financing should access the data stored;
· specify to which authority the breaches of the Regulation will be reported and by requiring that appropriate technical and organisational measures are implemented to protect data against accidental or unlawful destruction, accidental loss, alteration, or unlawful disclosure.
Opinion of the European Central Bank on a proposal for a directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and on a proposal for a regulation on information accompanying transfers of funds.
The ECB received two requests for an opinon from the Council: the first one concerns 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, the other concerns a proposal for a regulation of the European Parliament and of the Council on information accompanying transfers of funds. The ECB also received requests from the European Parliament for an opinion on the proposed Union instruments.
The ECB welcomes the proposed Union instruments .
The proposed regulation aims to tighten the existing legal obligations for money laundering and terrorist financing as regards funds transfers and those providing payment services in the light of developing international standards. The ECB notes that, pursuant to recital 8 of the proposed regulation and recital 35 of the proposed directive, it is not the Union legislators’ intention to include within the scope of the regulation persons who provide ‘credit or financial institutions solely with a message or other support systems for transmitting funds or with clearing and settlement systems’ such as the ECB operated TARGET2 system. T he ECB recommends providing for this exemption in the enacting terms of the proposed Union instruments, rather than in the recitals.
Further, the ECB notes that several of the concepts defined in the proposed regulation are also defined in other Union legal acts closely related to the proposed regulation. Since the use of established definitions would improve consistency and facilitate the understanding of Union legal acts as a whole, the ECB suggests that the proposed regulation be amended where appropriate, namely:
the definitions of ‘payer’ and ‘payee’ should be aligned with the definitions of these terms in the Payment Services Directive 2007/64/EC ; ‘payment service provider’ is a concept established by the PSD and limited to six different categories of providers of such services listed in the PSD; accordingly the definition of this concept in the proposed regulation should refer to the PSD; the definition of ‘ “ a person-to-person” transfer of funds’ should be more clearly defined as a transaction between two natural persons, both acting in their personal capacity outside the scope of their business, trade or profession.
PURPOSE: to improve traceability of payments and to prevent and detect money laundering and terrorist financing when transferring funds.
PROPOSED ACT: Regulation of the European Parliament and of the Council (revision of Regulation (EC) No 1781/2006 on transfer of funds).
PARLIAMENT’S ROLE: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Funds Transfers Regulation , based on Special Recommendation VII on wire transfers adopted by the Financial Action Task Force (FATF), lays down rules for payment service providers to send information on the payer throughout the payment chain for the purposes of prevention, investigation and detection of money laundering and terrorist financing.
Against a background of the changes regarding the nature of money laundering and terrorist financing threats, facilitated by a constant evolution of technology and means at the disposal of criminals, the FATF has undertaken a fundamental review of the international standards, which culminated in the adoption of a new set of Recommendations in February 2012 .
In parallel with this process, the European Commission has also been undertaking its own review of the EU framework, which demonstrates the need to ensure adjustment to changes.
IMPACT ASSESSMENT: the impact assessment identifies the main problems in the current EU anti-money laundering/combating terrorist financing legislative framework. It examines three scenarios: (i) a base-line scenario (status quo); (ii) an adjustment scenario; and (iii) a full harmonisation scenario.
The analysis has demonstrated that the most balanced is the adjustment scenario which entails limited changes to the Funds Transfers Regulation necessary to either (i) align the legislative text to the revised international standards, or (ii) to ensure a sufficient level of consistency between national rules, or (iii) to address the most important shortcomings concerning the new emerging threats.
LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the purpose of the proposal is to revise Regulation (EC) No 1781/2006 on information on the payer accompanying transfers of funds in ways which improve traceability of payments and ensure that the EU framework remains fully compliant with international standards.
In line with new FATF Recommendation No 16 on wire transfers, the proposed changes are aimed at addressing areas where gaps in transparency still remain by imposing the following main requirements:
· include information on the payee (the name and account number of the payer, where such an account is used to process the transfer of funds, or a unique transaction identifier where no such account is used for that purpose;
· clarify that credit or debit cards , or mobile telephone or any other digital or IT device become subject to the provisions of the Regulation if they are used to transfer funds person to person;
· clarify that, in the case of fund transfers outside the EU of a sum below EUR 1 000 , a lighter regime of non-verified information on the payer and the payee applies;
· impose a requirement to verify the identity of the beneficiary (where not previously identified) for payments originating outside the EU and where the amount is more than EUR 1 000;
· impose an obligation to establish risk-based procedures for determining when to execute, reject or suspend a transfer of funds which lacks the required information and to determine appropriate follow-up action;
· align the requirements on record keeping with the information with the FATF standards;
· reinforce sanctioning powers for competent authorities and require coordination of actions when dealing with cross-border cases;
· require publication of sanctions imposed for breaches and the establishment of effective mechanisms to encourage reporting of breaches of the provisions of the Regulation.
BUDGETARY IMPLICATIONS: the proposal has no implications for the Union budget.
Documents
- Follow-up document: COM(2019)0282
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Regulation 2015/847
- Final act published in Official Journal: OJ L 141 05.06.2015, p. 0001
- Draft final act: 00029/2015/LEX
- Decision by Parliament, 2nd reading: T8-0202/2015
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A8-0154/2015
- Commission communication on Council's position: COM(2015)0187
- Commission communication on Council's position: EUR-Lex
- Committee draft report: PE554.951
- Council position: 05932/2/2015
- Council position published: 05932/2/2015
- Council statement on its position: 07767/2015
- Approval in committee of the text agreed at early 2nd reading interinstitutional negotiations: PE604.828
- Text agreed during interinstitutional negotiations: PE604.828
- Commission response to text adopted in plenary: SP(2014)455
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T7-0190/2014
- Committee report tabled for plenary, 1st reading: A7-0140/2014
- Amendments tabled in committee: PE524.701
- Committee opinion: PE519.491
- Debate in Council: 3271
- Committee draft report: PE523.016
- Committee opinion: PE516.643
- Document attached to the procedure: N7-0068/2014
- Document attached to the procedure: OJ C 032 04.02.2014, p. 0009
- Contribution: COM(2013)0044
- European Central Bank: opinion, guideline, report: CON/2013/0032
- European Central Bank: opinion, guideline, report: OJ C 166 12.06.2013, p. 0002
- Contribution: COM(2013)0044
- Contribution: COM(2013)0044
- Contribution: COM(2013)0044
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0021
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0022
- Legislative proposal published: COM(2013)0044
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2013)0021
- Document attached to the procedure: EUR-Lex SWD(2013)0022
- European Central Bank: opinion, guideline, report: CON/2013/0032 OJ C 166 12.06.2013, p. 0002
- Document attached to the procedure: N7-0068/2014 OJ C 032 04.02.2014, p. 0009
- Committee opinion: PE516.643
- Committee draft report: PE523.016
- Committee opinion: PE519.491
- Amendments tabled in committee: PE524.701
- Commission response to text adopted in plenary: SP(2014)455
- Text agreed during interinstitutional negotiations: PE604.828
- Council statement on its position: 07767/2015
- Council position: 05932/2/2015
- Committee draft report: PE554.951
- Commission communication on Council's position: COM(2015)0187 EUR-Lex
- Draft final act: 00029/2015/LEX
- Follow-up document: COM(2019)0282 EUR-Lex
- Contribution: COM(2013)0044
- Contribution: COM(2013)0044
- Contribution: COM(2013)0044
- Contribution: COM(2013)0044
Activities
- Ildikó GÁLL-PELCZ
- Krišjānis KARIŅŠ
Plenary Speeches (2)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- Timothy KIRKHOPE
Plenary Speeches (2)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- Miguel Angel MARTÍNEZ MARTÍNEZ
Plenary Speeches (2)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- Judith SARGENTINI
Plenary Speeches (2)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- Peter SIMON
Plenary Speeches (2)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- 2016/11/22 Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
- Marina ALBIOL GUZMÁN
Plenary Speeches (1)
- Jonathan ARNOTT
Plenary Speeches (1)
- Zigmantas BALČYTIS
Plenary Speeches (1)
- Hugues BAYET
Plenary Speeches (1)
- Slavi BINEV
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Emine BOZKURT
- Steeve BRIOIS
Plenary Speeches (1)
- Gianluca BUONANNO
Plenary Speeches (1)
- Soledad CABEZÓN RUIZ
Plenary Speeches (1)
- Alain CADEC
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Salvatore CICU
Plenary Speeches (1)
- Therese COMODINI CACHIA
Plenary Speeches (1)
- Emer COSTELLO
- Javier COUSO PERMUY
Plenary Speeches (1)
- Michel DANTIN
Plenary Speeches (1)
- Rachida DATI
Plenary Speeches (1)
- Marielle DE SARNEZ
Plenary Speeches (1)
- Agustín DÍAZ DE MERA GARCÍA CONSUEGRA
- Saïd EL KHADRAOUI
- Frank ENGEL
- Norbert ERDŐS
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Edouard FERRAND
Plenary Speeches (1)
- Lorenzo FONTANA
Plenary Speeches (1)
- Doru-Claudian FRUNZULICĂ
Plenary Speeches (1)
- Elisabetta GARDINI
Plenary Speeches (1)
- Enrico GASBARRA
Plenary Speeches (1)
- Elena GENTILE
Plenary Speeches (1)
- Sylvie GOULARD
- Ana GOMES
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Sergio GUTIÉRREZ PRIETO
Plenary Speeches (1)
- Brian HAYES
Plenary Speeches (1)
- Ian HUDGHTON
Plenary Speeches (1)
- Pablo IGLESIAS
Plenary Speeches (1)
- Marc JOULAUD
Plenary Speeches (1)
- Ivan JAKOVČIĆ
Plenary Speeches (1)
- Philippe JUVIN
Plenary Speeches (1)
- Barbara KAPPEL
Plenary Speeches (1)
- Béla KOVÁCS
Plenary Speeches (1)
- Giovanni LA VIA
Plenary Speeches (1)
- Marine LE PEN
Plenary Speeches (1)
- Arlene McCARTHY
- Ivana MALETIĆ
Plenary Speeches (1)
- Andrejs MAMIKINS
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- David MARTIN
Plenary Speeches (1)
- Jean-Luc MÉLENCHON
Plenary Speeches (1)
- Willy MEYER
- Andreas MÖLZER
- Marlene MIZZI
Plenary Speeches (1)
- Sophie MONTEL
Plenary Speeches (1)
- Alessia Maria MOSCA
Plenary Speeches (1)
- Norica NICOLAI
Plenary Speeches (1)
- James NICHOLSON
- Sławomir NITRAS
- Franz OBERMAYR
Plenary Speeches (1)
- Rolandas PAKSAS
Plenary Speeches (1)
- Jaroslav PAŠKA
- Florian PHILIPPOT
Plenary Speeches (1)
- Marijana PETIR
Plenary Speeches (1)
- Andrej PLENKOVIĆ
Plenary Speeches (1)
- Salvatore Domenico POGLIESE
Plenary Speeches (1)
- Franck PROUST
Plenary Speeches (1)
- Liliana RODRIGUES
Plenary Speeches (1)
- Claude ROLIN
Plenary Speeches (1)
- Paul RÜBIG
- Lola SÁNCHEZ CALDENTEY
Plenary Speeches (1)
- Maria Lidia SENRA RODRÍGUEZ
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Branislav ŠKRIPEK
Plenary Speeches (1)
- Renato SORU
Plenary Speeches (1)
- Catherine STIHLER
Plenary Speeches (1)
- Beatrix von STORCH
Plenary Speeches (1)
- Richard SULÍK
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Tibor SZANYI
Plenary Speeches (1)
- Rui TAVARES
- Sampo TERHO
- Kyriacos TRIANTAPHYLLIDES
- Ángela VALLINA
Plenary Speeches (1)
- Oldřich VLASÁK
- Miguel VIEGAS
Plenary Speeches (1)
- Sir Graham WATSON
- Zbigniew ZIOBRO
Votes
A7-0140/2014 - Mojca Kleva Kekuš et Timothy Kirkhope - Résolution législative #
Amendments | Dossier |
233 |
2013/0024(COD)
2013/07/24
ECON
88 amendments...
Amendment 100 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 If the intermediary payment service provider
Amendment 101 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 If the payment service provider of the payee becomes aware, when receiving transfers of funds, that information on the payer and the payee required under Articles 4(1) and (2), 5(1) and 6 is missing or incomplete and has not been completed, it shall
Amendment 102 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 If the payment service provider of the payee becomes aware, when receiving transfers of funds, that information on the payer and the payee required under Articles 4(1) and (2), 5(1) and 6 is missing or incomplete, it shall either reject the transfer or ask for complete information on the payer and the payee before executing the payment transaction.
Amendment 103 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Where a payment service provider
Amendment 104 #
Proposal for a regulation Article 9 – paragraph 1 The payment service provider of the payee shall according to the payment service providers risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.
Amendment 105 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The intermediary payment service provider shall have effective procedures in place in order to detect whether the following information on the payer and the payee is missing or incomplete:
Amendment 106 #
Proposal for a regulation Article 11 – paragraph 2 – point a Amendment 107 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) or, where
Amendment 108 #
Proposal for a regulation Article 11 – paragraph 2 – point c (c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
Amendment 109 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 2 If the intermediary payment service provider becomes aware, when receiving transfers of funds, that information on the
Amendment 110 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 2 If the intermediary payment service provider becomes aware, when receiving transfers of funds, that information on the payer and the payee required under Articles 4(1) and (2), 5(1) and 6 is missing or incomplete, it shall either reject the transfer or ask for complete information on the payer and the payee before executing the payment transaction.
Amendment 111 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 Where a payment service provider regularly fails to supply the required information on the payer, the intermediary payment service provider shall take steps, which may initially include the issuing of warnings and setting of deadlines, before
Amendment 112 #
Proposal for a regulation Article 13 – paragraph 1 The intermediary payment service provider shall in compliance with its risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.
Amendment 114 #
Proposal for a regulation Article 15 – paragraph 1 a (new) Payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent. The Commission shall be empowered to adopt delegated acts in accordance with Article 22a concerning the recognition of the legal and supervisory framework of jurisdictions outside the Union as equivalent to the requirements of this Regulation.
Amendment 115 #
Proposal for a regulation Article 15 a (new) Article 15a International cooperation The Commission shall actively engage with the other FATF members and FATF-Style Regional Bodies (FSRBs), with a view to carefully monitoring the impact of this Regulation on payment service providers outside the Union and shall strengthen cooperation, where appropriate, with third-country competent authorities responsible for investigating and penalising money laundering and terrorist activities.
Amendment 116 #
Proposal for a regulation Article 16 – paragraph 1 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 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 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 and the storage of personal data shall comply with the General Data Protection Regulation (COD 2012/11).
Amendment 117 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall ensure that where
Amendment 118 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) repeated non-inclusion of required information on the payer and payee by a payment service provider, in breach of Articles 4, 5 and 6;
Amendment 119 #
Proposal for a regulation Article 18 – paragraph 2 – point e (e) in case of a legal person, administrative pecuniary sanctions of up to
Amendment 120 #
Proposal for a regulation Article 19 – paragraph 1 Administrative sanctions and measures imposed in the cases referred to in Articles 17 and 18(1) shall be published without undue delay including information on the type and nature of the breach and the identity of persons responsible for it
Amendment 121 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 122 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 123 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 124 #
Proposal for a regulation Article 19 – paragraph 2 a (new) Where a competent authority of a Member State applies an administrative sanction or a measure in accordance with Articles 17 and 18 it shall notify the EBA of that sanction or measures and the circumstances under which it was applied. EBA shall include such notification in the central database of administrative sanctions established in accordance with Article 69 of Directive 2013/36/EU and apply to it the same procedures as for all other published sanctions.
Amendment 125 #
Proposal for a regulation Article 20 – paragraph 1 – point c (c) the financial strength of the responsible natural or legal person, as indicated by the total turnover of the responsible legal person or the annual income and assets of the responsible natural person
Amendment 126 #
Proposal for a regulation Article 21 – paragraph 1 1. Member States shall establish effective mechanisms to encourage reporting of breaches of the provisions of this Regulation to competent authorities and sanction the failure to report known breaches.
Amendment 127 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) appropriate protection for whistleblowers and persons who report potential or actual breaches;
Amendment 128 #
Proposal for a regulation Article 21 – paragraph 3 3. The payment service providers in cooperation with the competent authorities shall establish
Amendment 129 #
Proposal for a regulation Article 21 – paragraph 3 a (new) 3a. The independent auditor(s) responsible for checking the payment service provider’s accounts shall disclose any breaches of this regulation it/they may have discovered in performing this task to the competent judicial authorities promptly and without incurring any liability in making such a disclosure;
Amendment 130 #
Proposal for a regulation Article 22 a (new) Article 22a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15(1a) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 26. 3. The delegation of power referred to in Article 15(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 131 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Amendment 44 #
Proposal for a regulation Recital 1 (1)
Amendment 45 #
Proposal for a regulation Recital 1 (1) Flows of dirty money through transfers of funds
Amendment 46 #
Proposal for a regulation Recital 1 (1) Flows of
Amendment 47 #
Proposal for a regulation Recital 1 a (new) (1a) Money laundering is the processing of criminal proceeds by disguising their illegal origin(s), changing their form(s), or moving the 'legitimized' funds back to the real economy, and natural and legal persons and entire jurisdictions that actively or passively participate in money laundering activities enable the development and profitability of organized crime, which consequently undermines legal business activity, threatens the sustainability of the Union's market economy and social welfare models.
Amendment 48 #
Proposal for a regulation Recital 2 (2) In order to facilitate their criminal activities, money launderers and terrorist financers
Amendment 49 #
Proposal for a regulation Recital 2 (2) In order to facilitate their criminal activities, money launderers and terrorist financers could try to take advantage of the freedom of capital movements entailed by the integrated financial area, unless certain coordinating measures are adopted at Union level. By its scale, Union action should ensure that Recommendation 16 on wire transfers of the Financial Action Task Force (FATF), adopted in February 2012 is transposed uniformly throughout the Union, and, in particular, that there is no discrimination and discrepancies between national payments within a Member State and cross border payments between Member States. Uncoordinated action by Member States alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at Union level and therefore damage the internal market in the field of financial services.
Amendment 50 #
Proposal for a regulation Recital 2 a (new) (2a) The implementation and enforcement of this Regulation, including FATF recommendation 16 on wire transfers adopted in February 2012, should not result in unjustified or disproportionate costs for payment service providers and citizens who use their services, and the freedom of legal capital movement is to be fully guaranteed throughout the EU.
Amendment 51 #
Proposal for a regulation Recital 5 (5) Money laundering methods and techniques change in response to developing counter-measures. In order to foster a coherent approach in the international context in the field of combating money laundering and terrorist financing, further Union action should take account of developments at that level, namely the International Standards on combating money-laundering and the financing of terrorism and proliferation adopted in 2012 by the FATF, and in particular Recommendation 16 and the revised interpretative note for its implementation.
Amendment 52 #
Proposal for a regulation 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 channelled through the financial system, to provide for a system imposing the obligation on payment service providers to
Amendment 53 #
Proposal for a regulation Recital 7 a (new) (7a) Any restrictions or limitations of the individuals' fundamental rights should be fully justified and subjected to specific conditions and safeguards, as a result, the single purpose of the processing must be the prevention of money laundering and terrorist financing and personal information must not be processed for incompatible purposes.
Amendment 54 #
Proposal for a regulation Recital 9 (9) It is 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 credit or debit cards, mobile telephones or other digital or information technology (IT) devices, Automated Teller Machine (ATM) withdrawals, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt electronic giro payments, provided that it is always possible to trace the transfer of funds back to the payer, as well as transfers of funds carried out through cheque image exchanges or bills of exchange. However, there must be no exemption when a debit or credit card, a mobile telephone or other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer.
Amendment 55 #
Proposal for a regulation Recital 9 (9) It is appropriate to exclude from the scope of this Regulation transfers of funds
Amendment 56 #
Proposal for a regulation Recital 10 Amendment 57 #
Proposal for a regulation Recital 10 (10) In order n
Amendment 58 #
Proposal for a regulation Recital 12 (12)
Amendment 59 #
Proposal for a regulation Recital 13 (13) For transfers of funds from a single payer to several payees to be sent in an inexpensive way in batch files containing individual transfers from the Union to outside the Union, provision should be made for such individual transfers to carry only the account number of the payer or his unique
Amendment 60 #
Proposal for a regulation Recital 14 (14) In order to check whether the required information on the payer and the payee accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee and the intermediary payment service provider should have effective procedures in place in order to detect whether information on the payer and the payee is missing
Amendment 61 #
Proposal for a regulation Recital 15 (15) Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to require payment service providers to request information on the payer and the payee. In line with the risk based approach developed by FATF, it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks. Accordingly, the payment service provider of the payee and the intermediary service provider should establish effective risk- based procedures
Amendment 62 #
Proposal for a regulation Recital 17 (17) The provisions on transfers of funds where information on the payer or the payee is missing or incomplete apply without prejudice to any obligations on payment service providers and the intermediary payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law. The need for identity information on payer or the payee of individuals, legal persons, trusts, foundations, mutuals, holdings and other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind corporate structure.
Amendment 63 #
Proposal for a regulation Recital 19 (19) Since in criminal investigations it may
Amendment 64 #
Proposal for a regulation Recital 20 a (new) (20a) Member States should create additional protection mechanisms for people who uncover fraud, thereby helping the national authorities to achieve the goals of the Regulation. Those mechanisms should be reflected in appropriate provisions in criminal, civil and labour law in the form of improved guarantees for people who uncover such illegal activities in the public interest and as a result may be stigmatised within the institution concerned.
Amendment 65 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘payer’ means any natural or legal person who either carries out a transfer of funds from his or her own account or who places an order for a transfer of funds;
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘payee’ means any natural or legal person who is the intended recipient of transferred funds;
Amendment 67 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘payment service provider’ means any natural or legal person who provides the service of transferring funds in his or her professional capacity;
Amendment 68 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘transfer of funds’ means any transaction carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, in particular ‘money remittance services’ and ‘direct debit’ within the meaning of Directive 2007/64/EC, irrespective of whether the payer and the payee are the same person;
Amendment 69 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – introductory part This Regulation shall not apply to transfers of funds carried out using a credit or debit card, or a mobile telephone or any other digital or information technology (IT) device, where the following conditions are fulfilled
Amendment 70 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point a (a) the card or device is used to pay goods and services to a company within professional trade or business;
Amendment 71 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 However, this Regulation shall apply when a credit or debit card, or a mobile telephone, or any other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer of funds.
Amendment 72 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) the surname and first name of the payer;
Amendment 73 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) the payer's account number, where such an account is used to process the transfer of funds, or a unique
Amendment 74 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) the surname and first name of the payee; and
Amendment 75 #
Proposal for a regulation Article 4 – paragraph 3 3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable
Amendment 76 #
Proposal for a regulation Article 4 – paragraph 3 3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the complete information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source.
Amendment 77 #
Proposal for a regulation Article 4 – paragraph 5 Amendment 78 #
Proposal for a regulation Article 5 Amendment 79 #
Proposal for a regulation Article 5 Amendment 80 #
Proposal for a regulation Article 5 – paragraph 1 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union,
Amendment 81 #
Proposal for a regulation Article 5 – paragraph 1 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only the full name of the principal and the account number of the payer or his unique transaction identifier shall be provided at the time of the transfer of funds.
Amendment 82 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. A derogation from paragraph 1 shall only be applicable in the case of a transfer of funds in the currency of one of the Member States.
Amendment 83 #
Proposal for a regulation Article 6 – title Transfers of funds within the Union and to outside the Union
Amendment 84 #
Proposal for a regulation Article 6 – paragraph 1 1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established within the Union or outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the account number of the payer or his unique transaction identifier.
Amendment 85 #
Proposal for a regulation Article 6 – paragraph 1 1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established
Amendment 86 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 87 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established within the Union or outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied only by:
Amendment 88 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point c (c) the account number of both the payer and the payee or the unique
Amendment 89 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 This information need not be verified for accuracy, unless there is a suspicion of money laundering or terrorist financing or there is evidence of a connection to other transfers of funds that exceed EUR 1 000 when combined with the money transfer in question.
Amendment 90 #
Proposal for a regulation Article 7 – paragraph 1 1. The payment service provider of the payee shall detect whether the fields relating to the information on the payer and the payee in the messaging system or the payment and settlement system used to effect the transfer of funds, have been filled in using the characters or inputs admissible to the internal risk-based established anti-abuse procedures within the conventions of that system.
Amendment 91 #
Proposal for a regulation Article 7 – paragraph 2 – point a Amendment 92 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) and where applicable, the information required under Article 14;
Amendment 93 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) for batch file transfers, where the
Amendment 94 #
Proposal for a regulation Article 7 – paragraph 3 3. For transfers of funds
Amendment 95 #
Proposal for a regulation Article 7 – paragraph 3 3. For transfers of funds amounting to more than EUR 1 000, where the payment service provider of the payer is established within the Union or outside the Union, the payment service
Amendment 96 #
Proposal for a regulation Article 7 – paragraph 4 Amendment 97 #
Proposal for a regulation Article 7 – paragraph 4 4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of
Amendment 98 #
Proposal for a regulation Article 7 – paragraph 4 4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of money laundering or terrorist financing.
Amendment 99 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 1a (new) source: PE-516.604
2013/09/09
DEVE
16 amendments...
Amendment 10 #
Proposal for a regulation Recital 5 a (new) (5 a) Special attention must be paid to the EU obligations set out in the Treaty of Lisbon in Article 208 on Policy Coherence for Development in order to stem the increasing trend of money laundering activities being moved from developed countries with stringent legislation into developing countries.
Amendment 11 #
Proposal for a regulation 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. This system should also ensure the inclusion of payment service providers situated in developing countries whose financial systems are often abused for these illegal purposes.
Amendment 12 #
Proposal for a regulation Recital 9 (9) It is 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 credit or debit cards, mobile telephones or other digital or information technology (IT) devices, Automated Teller Machine (ATM) withdrawals, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt
Amendment 13 #
Proposal for a regulation Recital 12 a (new) (12 a) In order to strengthen international cooperation on sharing information and best practices with third countries, the EU should support capacity-building programmes in developing countries.
Amendment 14 #
Proposal for a regulation Recital 12 a (new) (12 a) The authorities responsible for combating money laundering or terrorist financing in the Member States should enhance cooperation with each other and the relevant authorities of non-Member States, including developing countries, in order to further strengthen the sharing of information and best practices.
Amendment 15 #
Proposal for a regulation Recital 14 a (new) (14a) Attention should be paid to remittances, which is to say money sent by migrants resident abroad to their families or, more generally, to their countries of origin. Only international cash movements of this kind which pass through official channels are measured, and the statistics take no account of remittances conveyed through informal channels, such as unregistered money transfer organisations or illegal or criminal groupings, which do not operate in migrants' best interests.
Amendment 16 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) (10a) ‘remittances’ means money sent by migrants resident abroad to their families or, more generally, to their country of origin;
Amendment 17 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – introductory part This Regulation shall not apply to transfers of funds carried out using a credit or debit card, or a mobile telephone or any other digital or information technology (IT) device, where the following conditions are fulfilled
Amendment 18 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 However, this Regulation shall apply when a credit or debit card, or a mobile telephone, or any other digital or IT prepaid or postpaid device is used in order to
Amendment 20 #
Proposal for a regulation Article 15 – paragraph 1 – point 1 (new) (1) Because a great proportion of illicit financial flows ends up in tax havens, the EU should increase its pressure on these countries to cooperate in order to combat such illicit financial flows and improve transparency.
Amendment 21 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. Payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent. The Commission shall by means of delegated acts in accordance with Article 22a adopt decisions on the recognition of the legal and supervisory framework of jurisdictions outside the Union as equivalent to the requirements of this Regulation.
Amendment 22 #
Proposal for a regulation Article 22 – paragraph 1 a (new) 1a. Exercise of a delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15(1a) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 26. 3. The delegation of power referred to in Article 15(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 23 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Amendment 8 #
Proposal for a regulation Recital 1 (1)
Amendment 9 #
Proposal for a regulation Recital 2 (2) In order to facilitate their criminal activities, money launderers and terrorist financers
source: PE-516.923
2013/10/15
JURI
29 amendments...
Amendment 12 #
Proposal for a regulation Recital 1 (1)
Amendment 13 #
Proposal for a regulation 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
Amendment 14 #
Proposal for a regulation Recital 10 (10)
Amendment 15 #
Proposal for a regulation Recital 13 (13) For transfers of funds from a single payer to several payees to be sent in an inexpensive way in batch files containing individual transfers from the Union to outside the Union, provision should be made for such individual transfers to carry only the account number of the payer or his unique
Amendment 16 #
Proposal for a regulation Recital 14 (14) In order to check whether the required information on the payer and the payee accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee and the intermediary payment service provider should have effective procedures in place in order to detect whether information on the payer and the payee is missing
Amendment 17 #
Proposal for a regulation Recital 15 (15) Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to require payment service providers to request information on the payer and the payee. In line with the risk based approach developed by FATF, it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks. Accordingly, the payment service provider of the payee and the intermediary service provider should establish effective risk- based procedures and individually assess and evaluate risks for cases where a transfer
Amendment 18 #
Proposal for a regulation Recital 17 (17) The provisions on transfers of funds where information on the payer or the payee is missing or incomplete apply without prejudice to any obligations on payment service providers and the intermediary payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law. The need for identity information on payer or the payee of individuals, legal persons, trusts, foundations, mutual societies, holdings and other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind corporate structure.
Amendment 19 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – introductory part This Regulation shall not apply to transfers of funds carried out using a credit or debit card, or a mobile telephone or any other digital or information technology (IT) prepaid or post-paid device, where the following conditions are fulfilled:
Amendment 20 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) the payer's account number, where such an account is used to process the transfer of funds, or a unique
Amendment 21 #
Proposal for a regulation Article 4 – paragraph 3 3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the complete information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source.
Amendment 22 #
Proposal for a regulation Article 4 – paragraph 5 5. However, by way of derogation from paragraph 3, in the case of transfers of funds not made from an account, the payment service provider of the payer shall not verify the information referred to in paragraph 1 if the amount does not exceed EUR 1 000 and it does not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 1 000. Member States can reduce or remove the threshold when the national risk assessment advises to intensify the control over the transfers of funds not made from an account. Member States making use of this derogation shall inform the Commission thereof.
Amendment 23 #
Proposal for a regulation Article 5 – paragraph 1 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union,
Amendment 24 #
Proposal for a regulation Article 6 – paragraph 1 1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established
Amendment 25 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 This information
Amendment 26 #
Proposal for a regulation Article 7 – paragraph 1 1. The payment service provider of the payee shall detect whether the fields relating to the information on the payer and the payee in the messaging system or the payment and settlement system used to effect the transfer of funds, have been filled in using the characters or inputs admissible to the internal risk-based established anti-abuse procedures within the conventions of that system.
Amendment 27 #
Proposal for a regulation Article 7 – paragraph 4 4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of money laundering or terrorist financing. Member States can reduce or remove the threshold when the national risk assessment advises to intensify the control over the transfers of funds not made from an account. Member States making use of this derogation shall inform the Commission thereof.
Amendment 28 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 If the payment service provider of the
Amendment 29 #
Proposal for a regulation Article 9 – paragraph 1 The payment service provider of the payee shall according to the payment service providers risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.
Amendment 30 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The intermediary payment service provider shall have effective procedures in place in order to detect whether the
Amendment 31 #
Proposal for a regulation Article 15 – title Cooperation obligations Cooperation obligations and Equivalence
Amendment 32 #
Proposal for a regulation Article 15 – paragraph 1 a (new) Payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent. The Commission shall by means of delegated acts in accordance with Article 22a adopt decisions on the recognition of the legal and supervisory framework of jurisdictions outside the Union as equivalent to the requirements of this Regulation.
Amendment 33 #
Proposal for a regulation Article 16 – paragraph 1 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 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 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, and the storage of personal data shall comply with the General Data Protection Regulation [yyyy/xxxx].
Amendment 34 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) repeated non-inclusion of required information on the payer and payee by a payment service provider, in
Amendment 35 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 36 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 37 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) appropriate protection for whistle- blowers and persons who report potential or actual breaches;
Amendment 38 #
Proposal for a regulation Article 21 – paragraph 3 3. The payment service providers in cooperation with the competent authorities shall establish
Amendment 39 #
Proposal for a regulation Article 22 – paragraph 1 a (new) Article 22 a Exercise of a delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15(1a) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 26. 3. The delegation of power referred to in Article 15(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 40 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 source: PE-521.631
2013/12/11
ECON, LIBE
100 amendments...
Amendment 100 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
Amendment 101 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
Amendment 102 #
Proposal for a regulation Article 7 – paragraph 3 3. For transfers of funds amounting to more than EUR 1 000, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee shall verify the identity of the payee if his or her identity has not already been verified.
Amendment 103 #
Proposal for a regulation Article 7 – paragraph 3 3. For transfers of funds amounting to more than EUR 1 000, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee shall verify the identity of the payee if his or her identity has not already been verified.
Amendment 104 #
Proposal for a regulation Article 7 – paragraph 3 3. For transfers of funds
Amendment 105 #
Proposal for a regulation Article 7 – paragraph 4 Amendment 106 #
Proposal for a regulation Article 7 – paragraph 4 4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of money laundering or terrorist financing.
Amendment 107 #
Proposal for a regulation Article 7 – paragraph 4 4. For transfers amounting to EUR 1 000 or
Amendment 108 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 The payment service provider of the payee shall establish effective risk-based procedures for determining when to execute, reject or suspend a transfer of funds lacking the required complete payer and payee information and the appropriate follow up action.
Amendment 109 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Amendment 110 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. In any event, the payment service provider of the payer and the payment service provider of the payee shall comply with any applicable law or administrative provisions relating to money laundering and terrorist financing, in particular Directive (xxxx/yyyy), Regulation (EC) No 2580/2001 and Regulation (EC) No 881/2002.
Amendment 111 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Where a payment service provider regularly fails to supply the required complete information on the payer, the payment
Amendment 112 #
Proposal for a regulation Article 9 – paragraph 1 The payment service provider of the payee shall according to the payment service providers risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.
Amendment 113 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The intermediary payment service provider shall have effective procedures in
Amendment 114 #
Proposal for a regulation Article 11 – paragraph 2 – point a Amendment 115 #
Proposal for a regulation Article 11 – paragraph 2 – point a Amendment 116 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) or, where applicable, the information required under Article 14;
Amendment 117 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) or, where applicable, the information required under Article 14;
Amendment 118 #
Proposal for a regulation Article 11 – paragraph 2 – point c (c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
Amendment 119 #
Proposal for a regulation Article 11 – paragraph 2 – point c (c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
Amendment 120 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 The intermediary payment service provider shall establish effective risk-based procedures for determining when to execute, reject or suspend a transfer that are incomplete or transfer of funds lacking the required payer and payee information and have in place the appropriate follow up action.
Amendment 121 #
Proposal for a regulation Article 13 – paragraph 1 The intermediary payment service provider shall in compliance with its risk-based procedures consider missing or incomplete information on the payer and the payee as a default factor and in assessing whether the transfer of funds, or any related transaction, is suspicious,
Amendment 123 #
Proposal for a regulation 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 124 #
Proposal for a regulation Article 15 – paragraph 1 Payment service providers and intermediary 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, to enquiries from the authorities responsible for combating money laundering or terrorist financing of that Member State concerning the information required under this Regulation.
Amendment 125 #
Proposal for a regulation Article 15 – paragraph 1 a (new) Payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent. The Commission shall be empowered to adopt delegated acts in accordance with Article 22a concerning the recognition of the legal and supervisory framework of jurisdictions outside the Union as equivalent to the requirements of this Regulation.
Amendment 126 #
Proposal for a regulation Article 15 a (new) Amendment 127 #
Proposal for a regulation Article 16 – paragraph 1 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
Amendment 128 #
Proposal for a regulation 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
Amendment 129 #
Proposal for a regulation Article 16 – paragraph 1 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 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
Amendment 130 #
Proposal for a regulation 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) 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 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 133 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) repeated non-inclusion of required information on the payer and payee by any payment service provider, in breach of Articles 4, 5 and 6;
Amendment 134 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) repeated non-inclusion by payment service providers of required information on the payer and payee, in breach of Articles 4, 5 and 6;
Amendment 135 #
Proposal for a regulation Article 18 – paragraph 1 – point c a (new) (ca) serious failure by intermediary payment service providers to comply with obligations under Articles 11 and 12;
Amendment 136 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 137 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 138 #
Proposal for a regulation Article 20 – paragraph 1 – point g a (new) (ga) in the case of administrative sanctions imposed on credit institutions defined in accordance with Regulation 2011/0202, the stability of the financial system must be taken into account when determining the level of sanctions;
Amendment 139 #
Proposal for a regulation Article 21 – paragraph 1 1. Member States shall establish effective mechanisms to encourage reporting of breaches of the provisions of this Regulation to competent authorities. Appropriate technical and organizational measures shall be implemented to protect data against accidental or unlawful destruction, accidental loss, alteration, or unlawful disclosure.
Amendment 140 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) appropriate protection for whistleblowers and persons who report potential or actual breaches;
Amendment 141 #
Proposal for a regulation 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.
Amendment 142 #
Proposal for a regulation Article 21 – paragraph 3 3. The payment service providers in cooperation with the competent authorities shall establish internal appropriate procedures for their employees to report breaches internally through a s
Amendment 143 #
Proposal for a regulation Article 22 a (new) Amendment 144 #
Proposal for a regulation Article 24 – title Agreements with territories or countries not mentioned in Article 355 of the Treaty
Amendment 145 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Amendment 46 #
Proposal for a regulation Recital 1 (1)
Amendment 47 #
Proposal for a regulation Recital 1 (1)
Amendment 48 #
Proposal for a regulation Recital 2 (2) In order to facilitate their criminal activities, money launderers and terrorist financers
Amendment 49 #
Proposal for a regulation 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 channelled through the financial system, to provide for a system imposing the obligation on payment service providers to
Amendment 50 #
Proposal for a regulation 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
Amendment 51 #
Proposal for a regulation 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 for the purpose of complying with this Regulation should not be further processed in a way inconsistent
Amendment 52 #
Proposal for a regulation 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
Amendment 53 #
Proposal for a regulation 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
Amendment 54 #
Proposal for a regulation 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 55 #
Proposal for a regulation Recital 9 (9) It is 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 credit or debit cards, mobile telephones or other digital or information technology (IT) devices, Automated Teller Machine (ATM) withdrawals, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt electronic giro payments, provided that it is always possible to trace the transfer of funds back to the payer, as well as transfers of funds carried out through cheque image exchanges or bills of exchange. However, there must be no exemption when a debit or credit card, a mobile telephone or other digital or IT prepaid or postpaid device is used in order to effect a person-to-person
Amendment 56 #
Proposal for a regulation Recital 9 (9) It is 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 credit or debit cards, mobile telephones or other digital or information technology (IT) devices, Automated Teller Machine (ATM) withdrawals, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt electronic giro payments, provided that it is always possible to trace the transfer of funds back to the payer. However, every exemption should be reviewed periodically, and there must be no exemption when a debit or credit card, a mobile telephone or other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer.
Amendment 57 #
Proposal for a regulation Recital 10 Amendment 58 #
Proposal for a regulation 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.
Amendment 59 #
Proposal for a regulation 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) (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 61 #
Proposal for a regulation Recital 14 (14) In order to check whether the required information on the payer and the payee accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee and the intermediary payment service provider should have effective procedures in place in order to detect whether information on the payer and the payee is missing or incomplete, in particular if numerous payment services are involved to improve the traceability of transfers of funds.
Amendment 62 #
Proposal for a regulation Recital 15 (15) Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to require payment service providers to request information on the payer and the payee. In line with the risk based approach developed by FATF, it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks. Accordingly, the payment service provider of the payee and the intermediary service provider should establish effective risk- based procedures
Amendment 63 #
Proposal for a regulation Recital 17 (17) The provisions on transfers of funds where information on the payer or the payee is missing or incomplete apply without prejudice to any obligations on payment service providers and the intermediary payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law. The need for identity information on payer or the payee of individuals, legal persons, trusts, foundations, mutual societies, holdings and other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind corporate structure.
Amendment 64 #
Proposal for a regulation 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
Amendment 65 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘transfer of funds’ means any transaction carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, in particular ‘money remittance services’ and ‘direct debit’ within the meaning of Directive 2007/64/EC, irrespective of whether the payer and the payee are the same person;
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘unique
Amendment 67 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. Data protection 1. With regard to the processing of personal data within the framework of this Regulation, payment service providers shall carry out their tasks for the purposes of this Regulation in accordance with national law implementing Directive 95/46/EC. 2. Payment service providers shall ensure that data retained under this Regulation is used only for the purposes described herein and in no case for commercial purposes. 3. Data protection authorities shall have powers, including the indirect access powers, to investigate, either ex officio or based on a complaint, any claims as regards problems with personal data processing. This should include particularly access to the data file at the payment service provider and competent national authorities.
Amendment 68 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – introductory part This Regulation shall not apply to transfers of funds carried out using a credit or debit card, or a mobile telephone or any other digital or information technology (IT) device defined in Directive 2013/0264, where the following conditions are fulfilled:
Amendment 69 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point a Amendment 70 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 – point b (b) the
Amendment 71 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 However, this Regulation shall apply when a credit or debit card, or a mobile telephone, e-money or any other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer of funds.
Amendment 72 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 However, this Regulation shall apply when
Amendment 73 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) the payer's account number, where such an account is used to process the transfer of funds, or a unique
Amendment 74 #
Proposal for a regulation Article 4 – paragraph 1 – point c (c) the payer's address,
Amendment 75 #
Proposal for a regulation Article 4 – paragraph 1 – point c (c) the payer's address,
Amendment 76 #
Proposal for a regulation Article 4 – paragraph 3 3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the complete information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source.
Amendment 77 #
Proposal for a regulation Article 4 – paragraph 3 3. Before transferring the funds, the payment service provider of the payer shall apply customer due diligence measures in accordance with Directive (xxxx/yyyy) and verify the accuracy of the information
Amendment 78 #
Proposal for a regulation Article 4 – paragraph 5 Amendment 79 #
Proposal for a regulation Article 5 Amendment 80 #
Proposal for a regulation Article 5 Amendment 81 #
Proposal for a regulation Article 5 – paragraph 1 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only the account number of the payer or
Amendment 82 #
Proposal for a regulation Article 5 – paragraph 1 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union,
Amendment 83 #
Proposal for a regulation Article 5 – paragraph 1 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only the full name of the principal and the account number of the payer or his unique transaction identifier shall be provided at the time of the transfer of funds.
Amendment 84 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. A derogation from paragraph 1 shall only be applicable in the case of a transfer of funds in the currency of one of the Member States.
Amendment 85 #
Proposal for a regulation Article 6 – title Transfers of funds within the Union and to outside the Union
Amendment 86 #
Proposal for a regulation Article 6 – title Transfers of funds within the Union and to outside the Union
Amendment 87 #
Proposal for a regulation Article 6 – paragraph 1 1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established within the Union or outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the account number of the payer or his unique transaction identifier.
Amendment 88 #
Proposal for a regulation Article 6 – paragraph 1 1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established within the Union or outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the account number of the payer or his unique transaction identifier.
Amendment 89 #
Proposal for a regulation Article 6 – paragraph 1 1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the name and account number of the payer or his unique
Amendment 90 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 91 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established within the Union or outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied only by:
Amendment 92 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established within the Union or outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied only by:
Amendment 93 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – introductory part By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied
Amendment 94 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 – point c (c) the account number of both the payer and the payee or their unique
Amendment 95 #
Proposal for a regulation Article 7 – paragraph 1 1. The payment service provider of the payee shall detect whether the fields
Amendment 96 #
Proposal for a regulation Article 7 – paragraph 2 – point a Amendment 97 #
Proposal for a regulation Article 7 – paragraph 2 – point a Amendment 98 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) and where applicable, the information required under Article 14;
Amendment 99 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) and where applicable, the information required under Article 14;
source: PE-524.701
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