2016/0208(COD) | [ParlTrack]

Proposal for a directive
Recital 10 b (new)

(10b) Within a year from the entry into force of this Directive, the Commission should provide a report to Member States on possible loopholes in the chapters on financial services and establishment in EU trade agreements with third countries already in force, in particular the definition of investment and establishment, scope and time limits of prudential carve outs, the existence or non-existence of ceilings for money transfer between parties of the trade agreements, currencies allowed for this transfer, confirmation of bank secret and the existence of provisions on data exchange.

Amendment 14 #

Proposal for a directive
Recital 10 c (new)

(10c) The chapters on financial services and establishment in future trade agreements should contain narrow definitions of investment, so as to exclude products which have a high potential to carry undeclared money; provide for the establishment of public ultimate beneficial ownership registers of companies, trusts and similar legal arrangements created, administered or operated in the territories the trade agreement comprises; include arrangements on cooperation in the control of financial flows and lifting the bank secret, in accordance with data protection rules and open data standards; enlarge scope and time limits for prudential carve-outs beyond "imbalance of payments necessities", and replace "best endeavour" commitments by compulsory provisions.

Amendment 15 #

Dita CHARANZOVÁ, Petr JEŽEK

Proposal for a directive
Recital 37 a (new)

(37a) Where trade agreements with developing countries exist or are under negotiation, sufficient funds must be earmarked, as part of the agreement, for the creation of technical, human and institutional capacity to carry out the above mentioned requirements. Annual reports on implementation of the trade agreement the Union has concluded with third countries should have a special section on financial services and establishment and contain verifiable information on compliance with the requirements mentioned above.

Amendment 16 #

Eleonora FORENZA

Proposal for a directive
Recital 37 a (new)

(37a) Key transparency standards should be binding and guide the negotiation and renegotiation of Union trade agreements and partnerships. Trade partners should lose the benefits granted by trade agreements with the Union where they fail to respect relevant international standards, such as the Common Reporting Standard of the OECD, the Action Plan on Base Erosion and Profit Shifting of the OECD, the central register of beneficial ownership and FATF recommendations. In the framework of the implementation of the OECD BEPS, it is essential to fully apply the country by country reporting system for multinational enterprises.

Amendment 17 #

Proposal for a directive
Recital 37 a (new)

(37a) To ensure anti-money laundering and counter terrorist financing rules are correctly implemented within third countries, monitoring of governance provisions of financial services should be strengthened in bilateral agreements and partnerships, even when these clauses are not binding.

Amendment 18 #

Sander LOONES

Proposal for a directive
Recital 37 a (new)

(37a) In its trade and partnership agreements, the Union should strengthen good governance clauses and clauses on capacity building by providing trade partners technical assistance to develop transparency, anti-money laundering, and anti-corruption legal frameworks and to implement them effectively.

Amendment 19 #

Proposal for a directive
Recital 39

((39) Since the objective of this Directive, namely the protection of the financial system by means of prevention, detection and investigation of money laundering and terrorist financing, cannot be sufficiently achieved by the Member States, as individual measures adopted by Member States to protect their financial systems could be inconsistent with the functioning of the internal market and with the prescriptions of the rule of law and Union public policy, but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union, in cooperation with the national authorities, may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

Amendment 20 #

Santiago FISAS AYXELÀ

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point e

(-1) in Article 2, paragraph 1, point 3 point e is replaced by the following: (e) other persons trading in goods or services to the extent that payments are made or received in cash in an amount of EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;" ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=IT)~~Or. en

Amendment 21 #

Santiago FISAS AYXELÀ

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 11 – point c

(2a) in Article 11, point c is replaced by the following: (c) in the case of persons trading in goods or services, when carrying out occasional transactions in cash amounting to EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;" ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=IT)~~Or. en

Amendment 6 #

Proposal for a directive
Citation 1 a (new)

- having regard to Protocol (No 1) on the role of National Parliaments in the European Union, annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),

Amendment 7 #

Dita CHARANZOVÁ, Petr JEŽEK

Proposal for a directive
Citation 1 b (new)

- having regard to Protocol (No 2) on the application of the principles of subsidiarity and proportionality, annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),

Amendment 8 #

Proposal for a directive
Recital 5 a (new)

(5a) Policies and actions in other relevant areas of Union competence, for instance in international trade and development cooperation, should be utilised, where possible, to complement the work to fight money laundering and terrorist financing through the financial system. Those policies and actions should seek to complement and not undermine other policy goals of the Union.

Amendment 9 #

Proposal for a directive
Recital 10 a (new)

(10a) In recent trade agreements between the Union and third countries, regulatory cooperation generally outweighs tariff reduction provisions. Therefore, such agreements should properly address concerns about money laundering, tax evasion and terrorist financing, as they largely use a transnational context. Therefore trade agreements should be designed in a way that money laundering and tax evasion both in third countries by European nationals or entities or by foreigners in the Member States are avoided. Trade Sustainability Impact Assessments (TSIAs), which precede and feed into the formulation and the adoption of negotiating directives by Member States via the Council, should contain precise information on the performance of the respective third country or countries in this respect, including the implementation of legislation and the availability of resources to perform scrutiny and detect of the mentioned practices.

source: 595.438

2016/12/14 JURI 83 amendments...

Amendment 15 #

Proposal for a directive
Recital 1

(1) Directive (EU) 2015/849 of the European Parliament and the Council24 constitutes the main legal instrument in the prevention of the use of the Union's financial system for the purposes of money laundering and terrorist financing. That Directive, which is to be transposed by 26 June 2017, sets out an updated, transparent, efficient and comprehensive legal framework to address the collection of money or property for terrorist purposes by requiring Member States to identify, understand ~~and~~, mitigate and prevent risks related to money laundering and terrorist financing. _________________ 24 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).

Amendment 16 #

Proposal for a directive
Recital 2

(2) Recent terrorist attacks have brought to light emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations. Certain modern technology services are becoming more and more popular as alternative financial systems and remain outside the scope of Union legislation or benefit from exemptions that may no longer be justified. In order to keep pace with evolving trends, further measures ~~to improve the existing preventive framework should be taken~~should be taken to ensure increased transparency of financial transactions and of corporate entities under the preventive legal framework in place in the Union, with a view to improving the existing preventive framework and countering the financing of terrorism more effectively.

Amendment 17 #

Proposal for a directive
Recital 3

(3) While the aims of Directive (EU) 2015/849 should be pursued, any amendments to that Directive should be consistent with the Union's ongoing action in the field of countering terrorism and terrorism financing~~. The European Agenda on Security25 indicated~~, with due regard for the fundamental rights and principles recognised in the Charter of Fundamental Rights of the European Union, as well as the observance and application of the proportionality principle. The European Agenda on Security25 identified as a priority the upgrading of the EU legal framework to combat terrorism, indicating the need for measures to address terrorist financing in a more effective and comprehensive manner, highlighting that infiltration of financial markets allows terrorism financing. The European Council conclusions of 17-18 December 2015 also stressed the need to take rapidly further action against terrorist finance in all domains. _________________ 25 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "The European Agenda on Security", COM(2015) 185 final.

Amendment 18 #

Angel DZHAMBAZKI

Proposal for a directive
Recital 3

(3) While the aims of Directive (EU) 2015/849 should be pursued, any amendments to that Directive should be consistent with the Union’s ongoing action in the field of countering terrorism and terrorism financing. The European Agenda on Security25 indicated the need for measures to address terrorist financing in a more effective and comprehensive manner, highlighting that infiltration of financial markets may allows for terrorism financing. The European Council conclusions of 17- 18 December 2015 also stressed the need to take ~~rapidly~~ further action against terrorist finance in all domains, without undue delay. _________________ 25 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “The European Agenda on Security”, COM(2015) 185 final.

Amendment 19 #

Angel DZHAMBAZKI

Proposal for a directive
Recital 5

(5) Union measures must also accurately reflect developments and commitments undertaken at international level. UN Security Council Resolution 2199 (2015) urges States to prevent terrorist groups from gaining access to international financial institutions through adequate means within their competences.

Amendment 20 #

Proposal for a directive
Recital 5

(5) Union measures must also accurately reflect developments and commitments undertaken at international level. UN Security Council Resolutions 2199 (2015) and 2253 (2015) urges States to prevent terrorist groups from gaining access to international financial institutions.

Amendment 21 #

Proposal for a directive
Recital 6

(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) ~~as well as~~, custodian wallet providers for virtual currencies, issuers, administrators, intermediaries and distributors of virtual currencies, and administrators and providers of systems for online payments are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union’s financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms ~~and custodian wallet provider~~, custodian wallet providers, issuers, administrators, intermediaries and distributors of virtual currencies, and administrators and providers of systems for online payments. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.

Amendment 22 #

Proposal for a directive
Recital 6

(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as custodian wallet providers for virtual currencies are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet providers. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach, ~~safeguarding technical advanc~~at the same time safeguarding both the innovative technical advances offered by such currencies and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.

Amendment 23 #

Proposal for a directive
Recital 6

(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as custodian wallet providers for virtual currencies are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union’s financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet providers. Competent authorities should be able to monitor the use of virtual currencies in order to identify suspicious activities. This would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.

Amendment 24 #

Proposal for a directive
Recital 7

(7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms ~~and~~, custodian wallet providers ~~will not entirely address the issue of anonymity attached to virtual currency transactions, as a large part of the virtual currency environ~~, issuers, administrators, intermediaries and distributors of virtual currencies, and administrators and providers of systems for online payments will ~~remain anonymous because users can also transact without exchange platforms or custodian wallet providers~~not entirely address the issue of anonymity attached to virtual currency transactions in itself. To combat the risks related to the anonymity, virtual currencies should not be anonymous and national Financial Intelligence Units (FIUs) should be able to associate virtual currency addresses to the identity of the owner of virtual currencies. ~~In addition, the possibility to allow users to self-declare to designated authorities on a voluntary basis should be further assessed.~~

Amendment 25 #

Proposal for a directive
Recital 11

(11) General purpose prepaid cards, which are considered to have a social value, have legitimate uses and constitute an accessible instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments for legitimate purposes and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and suppress the customer due diligence exemption for their online use.

Amendment 26 #

Proposal for a directive
Recital 11

(11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers’ needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards ~~and suppress the customer due diligence exemption for their online use~~.

Amendment 27 #

Proposal for a directive
Recital 13

(13) F~~IUs~~inancial Intelligence Units (FIUs), as a decentralised and sophisticated network, help EU Member States to better cooperate with each other. They play an important role in identifying the financial operations of terrorist networks, especially across borders, and in detecting their financial backers. Due to a lack of prescriptive international standards, FIUs maintain significant differences as regards their functions, competences and powers. Those differences should however not affect an FIU’s activity, particularly its capacity to develop preventive analyses in support of all the authorities in charge of intelligence, investigative and judicial activities, and international cooperation. FIUs should have access to information and be able to exchange it without impediments, including through appropriate cooperation with law enforcement authorities. In all cases of suspected criminality and, in particular, in cases involving terrorism financing, information should flow directly and quickly without undue delays. It is therefore essential to further enhance FIUs’ effectiveness and efficiency, by clarifying the powers of and cooperation between FIUs.

Amendment 28 #

Proposal for a directive
Recital 13 a (new)

(13a) Whereas the creation of a European FIU assisting and supporting Member States’ FIUs in their tasks would be an efficient and cost-effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.

Amendment 29 #

Proposal for a directive
Recital 14

(14) FIUs should be able to obtain from any obliged entity all the necessary information relating to their functions. Unfettered access to information is essential to ensure that flows of money can be properly traced and illicit networks and flows detected at an early stage. When FIUs need to obtain additional information from obliged entities based on a suspicion of money laundering, such suspicion may be triggered by a prior suspicious transaction report reported to the FIU, but also through other means such as FIU's own analysis, intelligence provided by competent authorities or information held by another FIU. FIUs should therefore be able to obtain ~~information~~the financial, administrative and law enforcement information they require to undertake their functions properly from any obliged entity, even without a prior report being made by the individual obliged entity. A FIU should also be able to obtain such information on a request made by another Union FIU and to exchange the information with the requesting FIU.

Amendment 30 #

Proposal for a directive
Recital 15

(15) Delayed access to information by FIUs and other competent authorities on the identity of holders of bank and payment accounts and safe deposit boxes, especially anonymous ones, hampers the detection of transfers of funds relating to terrorism. National data allowing the identification of bank and payments accounts and safe deposit boxes belonging to one person is fragmented and therefore not accessible to FIUs and other competent authorities in a timely manner. It is therefore essential to establish centralised automated mechanisms, such as a register or data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.

Amendment 31 #

Proposal for a directive
Recital 16

(16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations or the financing of terrorism. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed for the stated purpose. Access to the registries and databases should be limited on a need to know basis.

Amendment 32 #

Proposal for a directive
Recital 16

(16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed for the stated purpose. Access to the registries and databases should be limited on a need to know basis following a risk assessment.

Amendment 33 #

Proposal for a directive
Recital 17 a (new)

(17a) The European Union Agency for Network and Information Security (ENISA) is the EU’s centre of network and information security expertise, and ENISA should be empowered to exchange information with law enforcement authorities without impediment in order to enable cyber security cooperation, which plays an important role in fighting against the financing of criminal activities, including terrorism.

Amendment 34 #

Proposal for a directive
Recital 17 b (new)

(17b) The European Banking Authority (EBA) should be called upon to update its transparency exercise to face today’s challenges in order to better prevent the use of financial systems for the purpose of money laundering or terrorist financing.

Amendment 35 #

Proposal for a directive
Recital 18

(18) The beneficial ownership threshold set out in Article 3(6)(a) of Directive (EU) 2015/849 does not distinguish between genuine commercial corporate entities and those that have no active business and are mostly used as an intermediary structure between the assets or income and the ultimate beneficial owner. For the latter, the set threshold is easily circumvented, leading to no identification of the natural persons who ultimately own or control the legal entity. In order to better clarify beneficial ownership information as regards intermediary structures that adopt a corporate form, it is necessary to establish a specific threshold, sufficiently low to cover most situations, from which indication of ownership is inferred.

Amendment 36 #

Proposal for a directive
Recital 21

Amendment 37 #

Proposal for a directive
Recital 21

Amendment 38 #

Proposal for a directive
Recital 22

Amendment 39 #

Proposal for a directive
Recital 22

Amendment 40 #

Proposal for a directive
Recital 35

(35) In order to ensure proportionality, the beneficial ownership information in respect of any other trusts than those which consist of any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit should only be available to parties holding a legitimate interest. The legitimate interest with respect to money laundering, terrorist financing and the associated predicate offences should be justified by readily available means, such as statutes or mission statement of non-governmental organisations, or on the basis of demonstrated previous activities relevant to the fight against money laundering and terrorist financing or associated predicate offences, or a proven track record of surveys or actions in that field. A legitimate interest could be envisaged where the beneficial owner or the trustee has a public function or has had a public function in the last five years.

Amendment 41 #

Proposal for a directive
Recital 35

(35) In order to ensure legitimacy and proportionality, the beneficial ownership information in respect of any other trusts than those which consist of any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit should only be available to parties holding a legitimate interest. The legitimate interest with respect to money laundering, terrorist financing and the associated predicate offences should be justified by readily available means, such as statutes or mission statement of non-governmental organisations, or on the basis of demonstrated previous activities relevant to the fight against money laundering and terrorist financing or associated predicate offences, or a proven track record of surveys or actions in that field.

Amendment 42 #

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive (EU) 2015/849
Article 2 – paragraph 1 – point 3 – point h a (new)

(ha) issuers, administrators, intermediaries and distributors of virtual currencies;

Amendment 43 #

Proposal for a directive
Article 1 – paragraph 1 – point 1

(hb) administrators and providers of online payment system services.

Amendment 44 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)

Directive (EU) 2015/849
Article 3 – paragraph 1 – point 4 – point f a (new)

(-a) in point (4), the following point is added: “(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive.”

Amendment 45 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive (EU) 2015/849
Article 3 – paragraph 1 – point 6 – point a – point i – subparagraph 2 a

“"For the purposes of Article 13(1)(b) and Article 30 of this Directive, the indication of ownership or control set out in the second subparagraph is reduced to 10% ~~whenever the legal entity is a Passive Non-Financial Entity as defined in Directive 2011/16/EU~~”;

Amendment 46 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive (EU) 2015/849
Article 3 – paragraph 1 – point 6 – point a – point ii

(aa) in point (6) (a), point (ii) is replaced by the following: “(ii) if, after having exhausted all possible means ~~and~~, the entity fails to provided the~~re are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the~~ identity of any natural person who meets the criteria set out in point (i), the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point (i). Where there is any doubt that the person(s) identified are the beneficial owner(s), a record of that doubt shall be made. In addition, obliged entities shall identify and verify the identity of the relevant natural person~~(s)~~ who holds the position of senior managing official(s), the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point; content/EN/TXT/HTML/?uri=CELEX:32015L0849&qid=1481283067634&from=EN), who shall be identified as the "senior manager" (and not as "beneficial owner"), and record details of all legal owners of the entity;” Or. en (http://eur-lex.europa.eu/legal-

Amendment 47 #

“(18) ‘virtual currencies’ means a digital representation of value that is neither issued by a central bank or a public authority, nor ~~necessarily attached to a fiat currenc~~attached to a legally established fiat currency, does not possess a legal status of currency or money, but is accepted by natural or legal persons, as a means of exchange, payment and possibly also for other purposes, and which can be transferred, stored or traded electronically. Virtual currencies cannot be anonymous”;

Amendment 48 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive (EU) 2015/849
Article 7 – paragraph 2 – subparagraph 1 a (new)

(2a) in Article 7(2), the following subparagraph is added: “If a Member State confers the competence assigned to the authority referred to in the first subparagraph to other authorities, in particular those at regional or local level, efficient and effective coordination shall be ensured between all the authorities involved. If more than one unit within an authority to which the competence is conferred is in charge the tasks referred to in the first subparagraph, efficient and effective coordination and cooperation shall be ensured between the different units”.

Amendment 49 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

Directive (EU) 2015/849
Article 9 – paragraph 2 – point c a (new)

(2b) in Article 9(2), the following point is added: “(ca) the existence of robust systems to ensure that information on beneficial ownership is available to competent authorities of the third country without impediment”.

Amendment 50 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)

Directive (EU) 2015/849
Article 9 – paragraph 2 – point c b (new)

(2c) in article 9(2), the following point is added: “(cb) the existence of a proper sanctions regime in case of breach of law”.

Amendment 51 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)

Directive (EU) 2015/849
Article 10 – paragraph 1

(2d) in Article 10, paragraph 1 is replaced by the following: “1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes be subject to customer due diligence measures as soon as possible and in any event before such accounts or, passbooks or deposit boxes are used in any way”.

Amendment 52 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/849
Article 12 – paragraph 2

“2. Member States shall ensure that the derogation provided for in paragraph 1 is not applicable in the case ~~either of online payment or~~ of redemption in cash or cash withdrawal of the monetary value of the electronic money where the amount redeemed exceeds EUR 50”;

Amendment 53 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive (EU) 2015/849
Article 12 – paragraph 3

(3) "3 Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article. As a precautionary measure, the sending of prepaid cards by post or courier outside the jurisdiction of the EU Member States must immediately be reported to, and recorded by, the competent persons.";

Amendment 54 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive (EU) 2015/849
Article 12 – paragraph 3

3. Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article."; The competent authorities of the Member States shall check with the utmost care that the mailing or shipping of prepaid cards outside their territory is actually reported.

Amendment 55 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive (EU) 2015/849
Article 13 – paragraph 1 – subparagraph 1 – point a a (new)

(4a) in Article 13(1), the following point is added: “(aa) screening the customer’s and beneficial owner’s names against the EU, UN and other relevant sanctions lists;”

Amendment 56 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new) Directive (EU) 2015/849

(4b) the following Article is inserted: “Article 13a By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU, Member States, and other relevant lists of persons, groups, and entities subject to sanctions”.

Amendment 57 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2015/849
Article 14 – paragraph 5

(5) "5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU."; Member States shall request the obliged entity to contact the customer with a view to reviewing any information related to the beneficial owner(s) at the latest by ... [one year from the date of entry into force of this amending directive].

Amendment 58 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2015/849
Article 14 – paragraph 5

“5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU. Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) not later than... [one year after the date of entry into force of this Directive]”;

Amendment 59 #

"In the cases referred to in Articles 19 to 24, as well as in other cases of ~~higher~~ risk that are identified by Member States or obliged entities, Member States shall require obliged entities to apply enhanced customer due diligence measures to manage and mitigate those risks appropriately.";

Amendment 60 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive (EU) 2015/849
Article 18a – paragraph 1 – point a

(a) obtaining additional information on the customer and on the beneficial owner;

Amendment 61 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive (EU) 2015/849
Article 18a – paragraph 1 – point c

Amendment 62 #

Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)

Directive (EU) 2015/849
Article 26 – paragraph 2

(7a) Article 26(2)is replaced by the following: “2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries. Member States may exempt branches and majority-owned subsidiaries of obliged entities established in the Union from that prohibition where those branches and majority-owned subsidiaries fully comply with the group-wide policies and procedures in accordance with Article 45”.

Amendment 63 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive (EU) 2015/849
Article 30 – paragraph 1 – subparagraph 2 a (new)

(-a) in paragraph 1, the following subparagraph is added: “Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person”.

Amendment 64 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive (EU) 2015/849
Article 30 – paragraph 5 a (new)

(aa) the following paragraph is inserted: “5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.”

Amendment 65 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive (EU) 2015/849
Article 30 – paragraph 5 a (new)

(aa) the following paragraph is inserted: “5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the administrative costs”.

Amendment 66 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b

Directive (EU) 2015/849
Article 30 – paragraph 6 – subparagraph 1

"6. The central register referred to in paragraph 3 shall ensure, with a view to guaranteeing efficiency, timely and unrestricted access by competent authorities and FIUs to all information held in the central register without any restriction and without alerting the entity concerned. It shall also allow timely and unrestricted access by obliged entities when taking customer due diligence measures in accordance with Chapter II.

Amendment 67 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b

Directive (EU) 2015/849
Article 30 – paragraph 6 – subparagraph 2

Competent authorities granted access to the central register referred to in paragraph 3 shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including tax authorities, supervisory authorities and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing, tracing and seizing or freezing and confiscating criminal assets.";:

Amendment 68 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)

Directive (EU) 2015/849
Article 30 – paragraph 8 – subparagraph 1 a (new)

(ba) in paragraph 8, the following subparagraph is added: “Before entering into a new customer relationship with a corporate or other legal entity subject to the registration of beneficial ownership information, the obliged entities shall collect proof of that registration”.

Amendment 69 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive (EU) 2015/849
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis.deleted

Amendment 70 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive (EU) 2015/849
Article 30 – paragraph 10 – subparagraph 3

Member States shall cooperate among themselves and with the Commission in order to implement the different types of access in accordance with paragraph 5 and taking into account the latest international standards applicable.";

Amendment 71 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive (EU) 2015/849
Article 31 – paragraph 1 – subparagraph 1

Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waqf or fideicomiso, and all existing or future legal arrangements, which are similar in terms of structure or function.

Amendment 72 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive (EU) 2015/849
Article 31 – paragraph 1 – subparagraph 1

"1. Member States shall ensure that this Article applies to trusts and other types of legal instrument or legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand or fideicomiso.

Amendment 73 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive (EU) 2015/849
Article 31 – paragraph 1 – subparagraph 2 – introductory part

Each Member State shall require that trustees of any express trust created, administered or operated in that Member State under the law of a Member State or of a third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of:

Amendment 74 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b

Directive (EU) 2015/849
Article 31 – paragraph 3 a

“3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated”;

Amendment 75 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b

Directive (EU) 2015/849
Article 31 – paragraph 3 a

(3a) "3a. The information referred to in paragraph 1 shall be held in athe central register ~~set up by~~of the Member State where the trust is set up, administered or managed.";

Amendment 76 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c

Directive (EU) 2015/849
Article 31 – paragraph 4 – subparagraph 2

Competent authorities granted access to the central register referred to in paragraph 3a shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including, tax authorities, supervisory authorities and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing and seizing or freezing and confiscating criminal assets.";

Amendment 77 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c

Directive (EU) 2015/849
Article 31 – paragraph 4 – subparagraph 2

Competent authorities granted access to the central register referred to in paragraph 3a shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including, tax authorities, supervisors and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing and seizing or freezing and confiscating criminal assets.;

Amendment 78 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive (EU) 2015/849
Article 31 – paragraph 4 a – subparagraph 1

Amendment 79 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive (EU) 2015/849
Article 31 – paragraph 4 a – subparagraph 2

The information publicly accessible ~~to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and year~~shall consist of at least the name, the date of birth, the nationality ~~and~~, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b).

Amendment 80 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive (EU) 2015/849
Article 31 – paragraph 4 a – subparagraph 2 a (new)

For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Article 2(7) of Directive 2003/98/EC, and subject to online registration.

Amendment 81 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive (EU) 2015/849
Article 31 – paragraph 4 b

(4b) Whenever entering into a new customer relationship with a trust or other type of legal instrument or legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable.";

Amendment 82 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive (EU) 2015/849
Article 31 – paragraph 7 a – subparagraph 1

Amendment 83 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive (EU) 2015/849
Article 31 – paragraph 7 a – subparagraph 1

~~"7a.~~ In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis, which must be justified in writing in the register and subject to regular review.

Amendment 84 #

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a

Directive (EU) 2015/849
Article 32 – paragraph 3 – subparagraph 1 – fourth sentence

“It shall be able to request, obtain and use additional information from any obliged entity”;

Amendment 85 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive (EU) 2015/849
Article 32 a – paragraph 1

1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC and bank accounts and safe deposit boxes held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.

Amendment 86 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive (EU) 2015/849
Article 32 a – paragraph 1

1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC ands well as bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.

Amendment 87 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive (EU) 2015/849
Article 32 a – paragraph 3 – indent 3 a (new)

- for the safe deposit boxes: the name of the renter and the duration of the lease.

Amendment 88 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive (EU) 2015/849
Article 32 a – paragraph 3 a (new)

3a. Member States may introduce exemptions from the obligations referred to in paragraphs 1 to 3 regarding passive bank accounts. For the purpose of this paragraph, ‘passive bank account’ means a bank account with a balance of no more than EUR 5000 to and from which no payments, excluding interest payments and other normal service fees charged by the service provider, have been made during the past 36 months.

Amendment 89 #

Enrico GASBARRA, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive (EU) 2015/849
Article 32 b (new)

(12a) the following Article is inserted: “Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1) (a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; - for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; - for the land: location, parcel number, land category (current state of land), parcel area (area of land); - for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1 building on the European Land Information Service (EULIS)”.

Amendment 90 #

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive (EU) 2015/849
Article 32 b (new)

(12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. Automated centralised mechanisms shall be established and held by a public authority or agency, or by entities delegated with public authority powers which offer guarantees of adequate training, impartiality and independence and which are subject to monitoring by the authorities of the Member State concerned, also with regard to security and confidentiality in the processing of personal data. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1) (a) or a unique identification number; – for the beneficial owner of the real property: the name of the beneficial owner, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish, by 1 January 2018, a European real property register in accordance with paragraph 1.

Amendment 91 #

Proposal for a directive
Article 1 – paragraph 1 – point 16

Directive (EU) 2015/849
Article 47 – paragraph 1

“1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices, issuers, administrators, intermediaries and distributors of virtual currencies, administrators and providers of systems for online payments, and trust or company service providers are licensed or registered, and that providers of gambling services are regulated”;

Amendment 92 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive (EU) 2015/849
Article 50a – paragraph 1 – introductory part

Member States shall ~~not prohibit or place unreasonable or unduly restrictive conditions on the~~ensure the unrestricted exchange of information orand assistance between competent authorities. In particular Member States shall ensure that competent authorities do not refuse a request for assistance on the grounds that: To ensure clarity and fulfil the purpose of this article, a positive formulation is necessary, replacing ‘shall not prohibit’ with ‘ensure’ and ‘unduly restrictive’ with ‘unrestricted’.Or. ro

Amendment 93 #

Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)

Directive (EU) 2015/849
Article 51 a (new)

(18a) the following Article is inserted: “Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that is to coordinate, assist and support Member States FIUs. This European FIU shall lend support to national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own strategic analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIUs shall automatically exchange information with this European FIU when investigating a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs’ powers and obstacles to cooperation in order to design a well-balanced and tailor-made system of cooperation”.

Amendment 94 #

Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)

Directive (EU) 2015/849
Article 51 b (new)

(18b) the following Article is inserted: “Article 51b 1. Member States shall ensure that their FIUs are able to cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that EU FIUs are able to make inquiries on behalf of foreign counterparts where this can be relevant to an analysis of financial transactions. At a minimum, inquiries shall include: - searching its own databases, which would include information related to suspicious transaction reports; - searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information”.

Amendment 95 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

Directive (EU) 2015/849
Article 57 a (new)

(21a) in Section 3 of Chapter VI, the following Subsection is inserted: Subsection IV International cooperation Article 57a 1. Member States shall ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member States shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.

Amendment 96 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 3

3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2). , in accordance with data protection rules and open data standards, as defined in Article 2(7) of Directive 2003/98/EC, and subject to online registration.

Amendment 97 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2015/849/EU
Article 7 b – paragraph 4

source: 595.624

2016/12/19 ECON, LIBE 418 amendments...

Amendment 100 #

Proposal for a directive
Recital 26

(26) A fair balance should be sought in particular between the general public interest in corporate transparency and in the prevention of money laundering and the data subjects' fundamental rights. The set of data to be made available to the public shall be determined by Member States themselves and should be limited, clearly and exhaustively defined, and should be of a general nature, so as to minimize the potential prejudice to the beneficial owners. ~~At the same time, information made accessible to the public should not significantly differ from the data currently collected.~~ In order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular, that that information should relate essentially to the status of beneficial owners of businesses and, where there is a clear risk of money laundering or terrorist financing, trusts, and should strictly concern the sphere of economic activity in which the beneficial owners operate. Disclosure of information should always be consistent with the key objectives of this Directive which are to counter the financing of terrorism and to combat the laundering of money from criminal activities and should not exceed the international FATF standards which aim to promote a global consistency of approach.

Amendment 101 #

Proposal for a directive
Recital 28

(28) The personal data of beneficial owners should be publicly disclosed in order to enable third parties and civil society at large to know who the beneficial owners are. The enhanced public scrutiny will contribute preventing the misuse of legal entities and legal arrangements, including tax avoidance. Therefore, iIt is essential that this information remains ~~publicly~~ available through the national registers and through the system of interconnection of registers for 10 years after the company has been struck off from the register. However, Member States should be able to provide by law for the processing of the information on beneficial ownership, including personal data for other purposes if such processing meets an objective of public interest and constitutes a necessary and proportionate measure in a democratic society to the legitimate aim pursued.

Amendment 102 #

Proposal for a directive
Recital 28

(28) The ~~personal data of beneficial owners should be publicly disclosed in order to enable third parties and civil society at large to know who the beneficial owners are. The enhanced public scrutiny~~enhanced scrutiny of beneficial ownership will contribute to preventing the misuse of legal entities and legal arrangements, including tax avoidance. Therefore, it is essential that this information remains ~~publicly~~ available to competent authorities and FIUs through ~~the~~ national registers and through the system of interconnection of registers for 10 years after the company has been struck off from the register. However, Member States should be able to provide by law for the processing of the information on beneficial ownership, including personal data for other purposes if such processing meets an objective of public interest and constitutes a necessary and proportionate measure in a democratic society to the legitimate aim pursued.

Amendment 103 #

Proposal for a directive
Recital 28

(28) The personal data of beneficial owners of companies should be publicly disclosed in order to enable third parties and civil society at large to know who the beneficial owners are. The enhanced public scrutiny will contribute preventing the misuse of legal entities ~~and legal arrangements~~, including tax avoidance. Therefore, it is essential that this information remains publicly available through the national registers and through the system of interconnection of registers for 10 years after the company has been struck off from the register. However, Member States should be able to provide by law for the processing of the information on beneficial ownership, including personal data for other purposes if such processing meets an objective of public interest and constitutes a necessary and proportionate measure in a democratic society to the legitimate aim pursued.

Amendment 104 #

Proposal for a directive
Recital 31

(31) As a consequence, natural persons whose personal data are held in the national registers as beneficial ownership information should be informed of the publication of their personal data on a national register only available to competent authorities or FIUs before that publication takes place. Furthermore, only the personal data that is up to date and corresponds to the actual beneficial owners should be made available and the beneficiaries should be informed about their rights under the current Union legal data protection framework, as set out in Regulation (EU) 2016/679 and Directive (EU) 2016/68031, and the procedures applicable for exercising these rights. __________________ 31 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

Amendment 105 #

Proposal for a directive
Recital 33

(33) Currently~~, companies and similar legal entities active~~ trusts with tax consequences in the Union are under an obligation to register their beneficial ownership information, whereas the same obligation does not apply to ~~all~~other types of trusts and other legal arrangements which present similar characteristics ~~such as Treuhand, fiducies or fideicomiso set up in the Union. With a view to ensure that the beneficial owners of all legal entities and~~. The Commission should work with Member States, industry and relevant international bodies, including the Financial Action Task Force and the Global Forum on Transparency and Exchange of Information for Tax Purposes, to analyse which legal arrangements ~~operating~~ , including t~~he Union are properly identified and monitored under a co~~rusts, Treuhand, fiducies and fideicomiso, present risks of money laundering or terrorist financing and whether there is a need for minimum harmonisation within the EU on the re~~nt and equivalent set of conditions, r~~gistration requirements for these legal arrangements. Rules regarding the registration of the beneficial ownership information of trusts by their trustees should be consistent with those in place in respect of the registration of beneficial ownership information of ~~companie~~similar legal arrangements.

Amendment 106 #

Othmar KARAS

Proposal for a directive
Recital 33

(33) Currently, companies and similar legal entities active in the Union are under an obligation to register their beneficial ownership information, whereas the same obligation does not apply to all trusts and other legal arrangements which present similar characteristics ~~such a~~. Member States Tare~~uhand, fiducies or fideicomiso set up in the Union~~ called upon to review which legal arrangements in their legal framework have a structure and function similar to trusts. With a view to ensure that the beneficial owners of all legal entities and legal arrangements operating in the Union are properly identified and monitored under a coherent and equivalent set of conditions, rules regarding the registration of the beneficial ownership information of trusts by their trustees should be consistent with those in place in respect of the registration of beneficial ownership information of companies.

Amendment 107 #

Proposal for a directive
Recital 33

(33) Currently, companies and similar legal entities active in the Union are under an obligation to register their beneficial ownership information, whereas the same obligation does not apply to all trusts and other legal arrangements which present similar characteristics such as Treuhand, fiducies or fideicomiso set up in the Union. With a view to ensure that the beneficial owners of all legal entities and legal arrangements operating in the Union are properly identified and monitored under a coherent and equivalent set of conditions, rules regarding the registration of the beneficial ownership information of trusts by their trustees should be consistent, where necessary, with those in place in respect of the registration of beneficial ownership information of companies.

Amendment 108 #

Proposal for a directive
Recital 34

Amendment 109 #

Proposal for a directive
Recital 34

Amendment 110 #

Proposal for a directive
Recital 34

(34) It is essential to take into account the particularities of trusts and similar legal arrangements, as far as publicly available information on their beneficial owner is concerned. Irrespective of their qualification under national law, a distinction should be drawn between, on the one hand, trusts which consist of any property held by or on behalf of a persMember States may allow competent authorities to exempt on a case by case basis trusts and similar legal arrangements, which do not have the objective of making a profit or whose profit are exclusively spent on char~~rying on a business which consists of or includes the management of trusts, and acting as trustee of a~~ itable or otherwise altruist in the course of that business with a view to gain profit, and, on the other hand, any other trusts. Given the nature of the first category of trusts, information on their beneficial owners should be made publicly available through compulsory disclosure. Access should be given to the same limited set of data on the beneficial owner as in the case of companieic non-political causes, from reporting requirements or other administrative burdens.

Amendment 111 #

Proposal for a directive
Recital 34

(34) It is essential to take into account the particularities of trusts and similar legal arrangements, as far as publicly available information on their beneficial owner is concerned. Irrespective of their qualification under national law, a distinction should be drawn between, on the one hand, trusts ~~which consist of any property held by or on behalf of a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in~~ and other legal arrangements similar to trusts that have qualifying ownership or control over another co~~urse of that business with a view to gain prof~~rporate or other entit,y and, on the other hand, any other trusts or other legal arrangements similar to trusts. Given the nature of the first category of trusts~~, information on their beneficial owners~~ and other legal arrangements similar to trusts, information on their trustees, or any individuals holding a similar position of direct or indirect control of a corporate or other legal entity should be made publicly available through compulsory disclosure. Access should be given to the same limited set of data on the beneficial owner as in the case of co~~mpan~~rporate and other legal entities.

Amendment 112 #

Proposal for a directive
Recital 35

Amendment 113 #

Proposal for a directive
Recital 35

Amendment 114 #

Bernd LUCKE, Ashley FOX

Proposal for a directive
Recital 35

Amendment 115 #

Proposal for a directive
Recital 35

Amendment 116 #

Proposal for a directive
Recital 35

(35) In order to ensure proportionality, ~~the~~certain beneficial ownership information in respect of any other trusts than those which consist of any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit should only be available to parties holding a legitimate interest. The legitimate interest with respect to money laundering, terrorist financing and the associated predicate offences should be justified by readily available means, such as statutes or mission statement of non-governmental organisations, or on the basis of demonstrated previous activities relevant to the fight against money laundering and terrorist financing or associated predicate offences, or a proven track record of surveys or actions in that fieldcompetent authorities and FIUs.

Amendment 117 #

Proposal for a directive
Recital 36

(36) With a view to ensure a coherent and efficient registration and information exchange, Member States should ensure that their authority ~~in charge of the register set up for~~granted access to the beneficial ownership information of trusts and other legal arrangements with a function or structure similar to trusts and that it cooperates with its counterparts in other Member States, sharing information concerning trusts governed by the law of the first Member State and administered in another Member State.

Amendment 118 #

Proposal for a directive
Recital 36

(36) With a view to ensure a coherent and efficient registration and information exchange, Member States should ensure that their authority in charge of the register set up for the beneficial ownership information of trusts and other legal arrangements similar to trusts cooperates with its counterparts in other Member States, sharing information concerning trusts ~~governed by the law of the first Member State and administered in another Member State~~and other similar legal arrangements to trusts.

Amendment 119 #

Proposal for a directive
Recital 37 a (new)

(37a) Regardless of their nature or status, competent authorities supervising credit and financial institutions for compliance with this Directive should be able to cooperate and exchange confidential information in this context. For this reason, an adequate legal basis is needed to allow such competent authorities to exchange confidential information and cooperate to the widest extent possible. In addition, prudential information gathered via the supervision of credit and financial institutions will often prove indispensable for an adequate AML/CFT supervision of such institutions and vice-versa. Therefore, exchange of confidential information and cooperation between AML/CFT competent authorities of credit and financial institutions and prudential supervisors should not be hampered by legal uncertainty which may follow from a lack of explicit provisions in this field.

Amendment 120 #

Proposal for a directive
Recital 37 a (new)

(37a) Existing data included in the Eurostat special report on Anti-money laundering show that the number of suspicious transaction reports submitted varies significantly across Member States and obliged entities. Data collection needs to be improved with the objective of extending data coverage and enable the information are updated. Member States shall submit to Eurostat statistics on AML to allow the European Statistical office to publish every two years a report summarising and explaining these statistics.

Amendment 121 #

Proposal for a directive
Recital 37 a (new)

(37a) To improve the fight against money laundering and terrorist financing, obliged entities should effectively apply risk based approach to better allocate limited resources. The rules should not be too descriptive to avoid the risk of a tick- the-box approach.

Amendment 122 #

Proposal for a directive
Recital 37 b (new)

(37b) A relatively large number of Suspicious Transactions Reports are submitted by credit institutions whereas very few of almost no Suspicious Transactions Reports are submitted by certain other obliged entities, in particular the different types of professional advisers, lawyers and trusts.

Amendment 123 #

Danuta Maria HÜBNER

Proposal for a directive
Recital 41

(41) Given the need to urgently implement measures adopted with a view to strengthen the Union's regime set in place for the prevention of money laundering and terrorism financing, and seeing the commitments undertaken by Member States to quickly proceed with the transposition of Directive (EU) 2015/849, this Directive should be transposed by 1 January 2017. ~~For the same reason~~In order to leave sufficient time for their transposition while, for the reasons set out above, avoiding undue delays, the amendments to Directive (EU) 2015/849 and Directive 2009/101/EC should ~~also~~ be transposed by 1 January 20178.

Amendment 124 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Recital 41

(41) Given the need to urgently implement measures adopted with a view to strengthen the Union's regime set in place for the prevention of money laundering and terrorism financing, and seeing the commitments undertaken by Member States to quickly proceed with the transposition of Directive (EU) 2015/849, this Directive should be transposed ~~by 1 January 2017~~18 months after its adoption. For the same reasons, the amendments to Directive (EU) 2015/849 and Directive 2009/101/EC should also be transposed ~~by 1 January 2017~~18 months after its adoption.

Amendment 125 #

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point a

(-1) in point (3) of Article 2(1), point (a) is replaced by the following: (a) auditors, and external accountants ~~and tax advisors;~~ ; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 126 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Paul TANG

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point a

~~"(a) auditors, external accountants and tax advisors;"~~ (-1) in point (3) of Article 2(1), point (a) is replaced by the following: "(a) auditors, external accountants and tax advisors, wealth managers or any other natural or legal persons offering tax- related services and advice;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481024906782&uri=CELEX:32015L0849)

Amendment 127 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point b – point iii a (new)

(-1a) in point (b) of Article 2(1)(3), the following point is inserted: (iii a) provision of tax advice; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 128 #

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point b – point v a (new)

(-1) in point (b) of point (3) of Article 2(1), the following point (va) is added: (va ) tax planning;

Amendment 129 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Paul TANG

Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point b – point v a (new)

(-1a) in point (b) of Article 2(1)(3), the following point is inserted: (va) tax planning and advice;

Amendment 130 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point e

(-1) in point (3) of Article 2(1), point (e) is replaced by the following: ‘(e) other persons trading in goods to the extent that payments are made or received in cash in an amount of EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;'

Amendment 131 #

Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point c a (new)

(-1b) in point (3) of Article 2(1) the following point is inserted: (ca) tax service providers not already covered under points (a) or (b); Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 132 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point c a (new)

(-1b) In point (3) of Article 2(1), the following point is inserted: (ca) taxation and accountancy service providers not covered under point (a) or (b);

Amendment 133 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point -1 c (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point d

(~~d) estate agents;~~ -1c) in point (3) of Article 2(1), point (d) is replaced by the following: (d) estate agents and persons providing customers, through sale or rental, with the possibility to use freeports or similar arrangements; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 134 #

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point g

(g) providers engaged primarily and professionally in exchange services between ~~virtual currencies and fiat~~ currencies;

Amendment 135 #

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h

~~(h) wallet providers offering custodial services of credentials necessary to access virtual currencies;~~deleted

Amendment 136 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h a (new)

(1a) In point (3) of Article 2(1), the following point is inserted: (ha) issuers, administrators, intermediaries and distributors of virtual currencies,

Amendment 137 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h a (new)

(1a) In point (3) of Article 2(1), the following point is inserted: (ha) art galleries and auction houses.

Amendment 138 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h a (new)

(1a) In point (3) of Article 2(1), the following point is inserted: (ha) natural or legal persons trading in works of art, art gallerists, auction houses and platforms for storing, servicing and trading in works of art and other valuables ("freeports");

Amendment 139 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)

Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h b (new)

(1b) In point (3) of Article 2(1), the following point is inserted: (hb) administrators and providers of online payment system services.

Amendment 140 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)

Directive 2015/849/EU
Article 2 – paragraph 4

(1a) in Article 2, paragraph 4 is replaced by the following: "4. For the purposes of point (a) of paragraph 3, Member States shall require that the total turnover of the financial activity does not exceed a threshold, which must be sufficiently low. That threshold shall be established at national level, depending on the type of financial activity." The threshold shall be reported to the European Commission and assessed in the risk analyses performed by the Commission and each Member States in accordance with Articles 6 and 7 of this Directive." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 141 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)

Directive 2015/849/EU
Article 3 – point 4 – point f

~~"(f) all offences, including tax crime~~(-a) in point (4), point (f) is repla~~ting to direct taxes and indirect taxes and~~ced by the following: "(f) all offences as defined in the national law of the Member States, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards those Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 142 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)

Directive 2015/849/EU
Article 3 – point 4 – point f

~~"(f) all offences, including tax crime~~(-a) in point (4), point (f) is repla~~ting to direct taxes and indirect taxes and as defined in the national law of the Member Stat~~ced by the following: "(f) all offences, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards those Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 143 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)

Directive 2015/849/EU
Article 3 – point 4 – point f

~~"(f) all offences, including tax crimes relating to direct taxes and indirect taxes and as defin~~(-a) in paragraph 4, point (f) is replaced inby the ~~national law of the Member Stat~~following: "(f) all offences, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards those Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 144 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a a (new)

Directive 2015/849/EU
Article 3 – point 4 – point f a (new)

(-aa) in point (4), the following point is added: "(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive."

Amendment 145 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a a (new)

Directive 2015/849/EU
Article 3 – point 4 – point f a (new)

(-aa) in point (4), the following point is added: (fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 146 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a b (new)

Directive 2015/849/EU
Article 3 – point 6 – point a – point i

"(i) the natural person(s) who ultimately owns or controls a legal entity through direct or indirect ownership of a sufficient percentage of the shares or voting rights or ownership interest in that entity, including through bearer shareholdings, or through control via other means(-ab) in point (6)(a), point (i) is replaced by the following: "(i) all the natural person(s) who ultimately own(s) or control(s) a legal entity, other than a company listed on a regulated market that is subject to disclosure requirements consistent with Union law or subject to equivalent international standards which ensure adequate transparency of ownership information~~. A shareholding of 25 % plus one share or an ownership interest of mor~~, through direct or indirect ownership of at least one tsha~~n 25% in the customer held by a natural perso~~re or equivalent minimum unit of interest in sthall be an indication of direct ownership. A shareholding of 25 % plus one share or an ownership interest of more than 25% in the customer held by a corporate entity, which is under the control of a natural person(s), or byt entity, including through bearer shareholdings, or through control via other means. Indirect ownership means at least one natural person owning at least one share in an entity, not directly but via one or multiple ~~corporate~~other entities, ~~which are under the control of the same natural person(s), shall be an indication~~spread over one or multiple layers. If two or more natural persons jointly own, directly ofr indirect ownership. This applies without prejudice to the right of Member States to decide that a lower percentage may be an indication of ownership or control. Control through other means may be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council." ly, a single share of an entity (or the minimum unit of interest in that entity), then each of those persons should be considered as owner of that share or unit of interest for the purpose of this article." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 147 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)

Directive 2015/849/EU
Article 3 – paragraph 6 – point a – point i

(-a) in point (6)(a)(i), the second subparagraph is replaced by the following: ‘(i) the natural person(s) who ultimately owns or controls a legal entity through direct or indirect ownership of a sufficient percentage of the shares or voting rights or ownership interest in that entity, including through bearer shareholdings, or through control via other means, other than a company listed on a regulated market that is subject to disclosure requirements consistent with Union law or subject to equivalent international standards which ensure adequate transparency of ownership information. A shareholding of 25 1% plus one share or an ownership interest of more than 25 1% in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 25 1% plus one share or an ownership interest of more than 25 1% in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person(s), shall be an indication of indirect ownership. This applies without prejudice to the right of Member States to decide that a lower percentage may be an indication of ownership or control. Control through other means may be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council (29);’ ~~(http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)~~Or. it

Amendment 148 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a b (new)

Directive 2015/849/EU
Article 3 – point 6 – point a – point i – second subparagraph

(-ab) in point (6)(a)(i), second subparagraph is replaced by the following: "A shareholding of 2510 % plus one share or an ownership interest of more than 2510 % in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 2510 % plus one share or an ownership interest of more than 2510 % in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person(s), shall be an indication of indirect ownership. This applies without prejudice to the right of Member States to decide that a lower percentage may be an indication of ownership or control. Control through other means may be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 149 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 2015/849/EU
Article 3 – paragraph 6 – point a – point i – subparagraph 2 a (new)

(a) in point (6)(a)(i), the following subparagraph is added: ‘For the purposes of Article 13(1)(b) and Article 30 of this Directive, the indication of ownership or control set out in the second paragraph is reduced to 10% whenever the legal entity is a Passive Non-Financial Entity as defined in Directive 2011/16/EU.’;deleted

Amendment 150 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 2015/849/EU
Article 3 – point 6 – point a – point i

(a) in point (6)(a)(i), the following subparagraph is added: For the purposes of Article 13(1)(b) and Article 30 of this Directive, the indication of ownership or control set out in the second paragraph is reduced to 10% whenever the legal entity is a Passive Non-Financial Entity as defined in Directive 2011/16/EU.;deleted

Amendment 151 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 2015/849/EU
Article 3 – point 6 – point a – point i

Amendment 152 #

Nils TORVALDS, Petr JEŽEK, Sylvie GOULARD, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 2015/849/EU
Article 3 – point 6 – point a – point i

Amendment 153 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 2015/849/EU
Article 3 – point 6 – point a – point i

(a) in point (6)(a)(i), ~~the following~~second subparagraph is ~~added: "For the purposes of Article 13(1)(b) and Article 30 of this Directive, the~~replaced by the following: A shareholding of 10% plus one share or an ownership interest of more than 10% in the customer held by a natural person shall be an indication of direct ownership ~~or control set out in the second paragraph is reduced to 10% whenever the legal entity is a Passive Non-Financial Entity as def~~. A shareholding of 10 % plus one share or an ownership interest of more than 10% in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person(s), shall be an indication of indirect ownership. This applies without prejudice to the right of Member States to decide that a lower percentage may be an indication of ownership or control. Control through other means may be determined, in ~~Directive 2011/16/EU.";~~ter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council.

Amendment 154 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 2015/849/EU
Article 3 – point 6 – point a – point i – subparagraph 2 a (new)

For the purposes of Article 13(1)(b) and Article 30 of this Directive, the indication of ownership or control set out in the second subparagraph is reduced to 10% ~~whenever the legal entity is a Passive Non-Financial Entity as defined in Directive 2011/16/EU~~.;

Amendment 155 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Anneliese DODDS, Paul TANG

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive 2015/849/EU
Article 3 – point 6 – point a – point i a (new)

(aa) in point (6)(a), the following point is inserted: (ia) senior managers, nominee directors, administrators and other proxies or agents shall never be identified as beneficial owners;

Amendment 156 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Ramón JÁUREGUI ATONDO, Maria GRAPINI, Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive 2015/849/EU
Article 3 – paragraph 6 – point a – point ii

~~"(ii) if, after having exhausted all possible means and provided there are no grounds for suspicion, no person under point~~(aa) point (6) (ia) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the natural person(s) who hold the position of senior managing official(s), the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point;" (ii) is deleted; Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)

Amendment 157 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive 2015/849/EU
Article 3 – paragraph 6 a – point ii

~~‘(ii) if, after having exhausted all possible means and provided there are no grounds for suspicion,~~(aa) Article 3(6)(a)(ii) ‘(ii) if no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the obliged entities shall register the fact that there is no beneficial owner or that there is doubt on that point; the obliged entities shall, in addition, identify and register the natural person~~(s)~~s who hold ~~the~~senior management position of s as ‘senior manag~~ing official(s),~~ers’ (and not as ‘beneficial owners’) and shall register the data of all the owners of the company; the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point;’ ~~(http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)~~Or. it

Amendment 158 #

Proposal for a directive
Article 1 – paragraph 1 – point a a (new)

Directive 2015/849/EU
Article 3 – point 6 – point a – point ii

~~"(ii) if, after having exhausted all possible means and provided there are no grounds for suspicion, no person~~(aa) in point (6) (a), point (ii) is replaced by the following "(ii) if the entity fails to provide the identity of any natural person who meets the criteria set out in point (i), the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point (i) ~~is identified,~~. In such case or if there is ~~any~~ doubt ~~that~~under (i) as to whether the person(s) identified are the beneficial owner(s), and the ~~natural person(s) who hold the position of seni~~entity does not cooperate to clarify the infor ma~~naging official(s)~~tion, the obliged entit~~ies~~y shall ~~keep records of the actions taken in order to identify t~~terminate its business relationship with the customer and refrain from executing any more transactions on his or her be~~neficial ownership under point (i) and this point."~~ half." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 159 #

Nils TORVALDS, Petr JEŽEK, Sylvie GOULARD, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive 2015/849/EU
Article 3 – point 6 – point a – point ii

(aa) in point (6) (a), point (ii) is replaced by the following: ""(ii) if, after having exhausted all possible means ~~and~~, the entity fails to provided the~~re are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the~~ identity of any natural person who meets the criteria set out in point (i), the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point (i). Where there is any doubt that the person(s) identified are the beneficial owner(s), a record of that doubt shall be made. In addition, obliged entities shall identify and verify the identity of the relevant natural person~~(s)~~ who holds the position of senior managing official~~(s), the obliged~~ , who shall be identitfie~~s shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point;"~~ d as the "senior manager" (and not as "beneficial owner"), and record details of all legal owners of the entity;";" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481016627325&uri=CELEX:32015L0849)

Amendment 160 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a b (new)

Directive 2015/849
Article 3 – paragraph 6 a – point ii a (new)

~~(http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)~~(aa) in point 6(a), the following point is added: (iia) if the beneficial owners or senior managers of a company within the meaning of point (i) and point (ii) are not identified, or there are doubts concerning them, the obliged entities shall suspend or withhold consent to any transaction linked to that company, shall report it as a suspicious transaction and shall suspend all business relations with the company;’ Or. it

Amendment 161 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive 2015/849/EU
Article 3 – point 6 – point b – introductory part

~~"(b) in the case of trusts:"~~ (aa) in point(6)(b), introductory part is replaced by the following: "(b) in the case of trusts - all following persons:" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 162 #

Proposal for a directive
Article 1 – paragraph 1 – point a b (new)

Directive 2015/849/EU
Article 3 – point 6 – point b

(ab) in point (6), point (b) is replaced by the following "(b) in the case of trusts: (i) the settlor(s); (ii) the trustee(s); (iii) the protector(s), if any; (iv) the beneficiaries; or where the individuals benefiting from the legal arrangement or entity have yet to be determined, the class of persons in whose main interest the legal arrangement or entity is set up or operates; (v) any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means" . If any of the above categories (i) - (v) involves, instead of or in addition to natural persons, one or several legal entities, the beneficial owners of that entity, as defined in the paragraph above, shall in turn be considered as part of the beneficial owners of the trust." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 163 #

Ana GOMES, Hugues BAYET, Maria GRAPINI, Jeppe KOFOD, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Peter SIMON

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a c (new)

Directive 2015/849/EU
Article 3 – paragraph 1 – point 6 – point b

(ac) in point (6), point (b) is replaced by the following: "(b) in the case of trusts: (i) the settlor (s); (ii) the trustee (s); (iii) the protector (s), if any; (iv) the beneficiaries, or where the individuals benefiting from the legal arrangement or entity have yet to be determined, the class of persons in whose main interest the legal arrangement or entity is set up or operates; (iva) any other person mentioned in the trust deed or related document (regardless of any distribution, right, power or interest) (v) any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481024906782&uri=CELEX:32015L0849)

Amendment 164 #

Peter SIMON, Birgit SIPPEL, Jeppe KOFOD, Ramón JÁUREGUI ATONDO, Maria GRAPINI, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a e (new)

Directive 2015/849/EU
Article 3 – point 9 – introductory part

"(ae) in point (9) introductory part is replaced by the following: "(9) '"politically exposed person'" means a natural person who is or who has been entrusted with prominent ~~public func~~functions in politics, economy and administrations and includes the following:" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)

Amendment 165 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a c (new)

Directive 2015/849/EU
Article 3 – point 9 – point f

(ac) in point (9), point (f) is replaced by the following: "(f) ambassadors, chargés d'affaires and high-ranking officers in the armed forces;" , intelligence and other security services;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 166 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a d (new)

Directive 2015/849/EU
Article 3 – point 9 – point g

(ad) in point (9), point (g) is replaced by the following: (g) members of the administrative, management or supervisory bodies of ~~State-owned enterprise~~public and private enterprises as well as of foundations and any other religious and secular organisations;

Amendment 167 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Pervenche BERÈS, Ramón JÁUREGUI ATONDO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a f (new)

Directive 2015/849/EU
Article 3 – point 9 – point h a (new)

(af) in point (9), the following point is added: "(ha) members of public administration, who are in charge of awarding public procurement contracts exceeding the thresholds referred to in Article 4 of Directive 2014/24/EU."

Amendment 168 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a d (new)

Directive 2015/849/EU
Article 3 – point 9 – subparagraph 2

(ad) in point (9), subparagraph 2 is replaced by the following: "No public function referred to in points (a) to (h) shall be understood as covering middle-ranking or more junior officials."" All categories in points (a) to (h) shall however be understood as also covering former holders of the listed public functions." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 169 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive 2015/849/EU
Article 3 – point 10 – point c

(aa) in point 10, point (c) is replaced by the following: "(c) the parents and siblings of a politically exposed person;" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)

Amendment 170 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

Directive 2015/849/EU
Article 3 – point 18

(c) the following point (18) is added: (18) 'virtual currencies' means a digital representation of value that is neither issued by a central bank or a public authority, nor necessarily attached to a fiat currency, but is accepted by natural or legal persons as a means of payment and can be transferred, stored or traded electronically.;deleted

Amendment 171 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

Directive 2015/849/EU
Article 3 – point 18

(18) '"virtual currencies'" means a digital representation of value that is neither issued by a central bank or a public authority, nor ~~necessarily attached to a fiat currenc~~attached to a legally established fiat currency, does not possess a legal status of currency or money, but is accepted by natural or legal persons, as a means of exchange, payment and possibly also for other purposes, and which can be transferred, stored or traded electronically. Virtual currencies cannot be anonymous;

Amendment 172 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

Directive 2015/849/EU
Article 3 – point 18

(18) 'virtual currencies' means a digital representation of value that is neither issued by a central bank or a public authority, nor ~~necessarily attached to a fiat currenc~~attached to a legally established fiat currency, which does not possess the legal status of currency or money, but is accepted by natural or legal persons, as a means of ~~payment and~~exchange and possibly also for other purposes, and which can be transferred, stored or traded electronically.;

Amendment 173 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 5 a (new)

(2a) The following Article 5a is inserted: Article 5a Member States shall ensure that, in addition to obliged entities as laid down in this Directive, national authorities perform customer due diligence measures as described in Article 13, 18a, 19 and 20 with regards to third country nationals who apply for residence rights or citizenship in the Member State under national laws which grant residence rights and/or citizenship to third country nationals in exchange of capital transfers, purchase of property or government bonds, or investment in corporate entities in that Member State.

Amendment 174 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 6 – paragraph 1 – subparagraph 1

(2a) in Article 6(1), subparagraph 1is replaced by the following: The Commission shall conduct an assessment of the risks of money laundering and terrorist financing affecting the internal market and related to cross- border activities. , including between Member States and third countries. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 175 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

Directive 2015/849/EU
Article 6 – paragraph 2 – point b

(~~b) the risks associated with each relevant sector;~~ 2b) in Article 6(2), point b is replaced by the following: (b) the risks associated with each relevant sector, including estimates of the monetary volumes of money-laundering for each of those sectors; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 176 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)

Directive 2015/849/EU
Article 6 – paragraph 2 – point c

(2c) in Article 6(2), point (c) is replaced by the following: (c) the most widespread means used by criminals to launder illicit proceeds. , including those particularly used in transactions between Member States and third countries, independently of the latter's classification as regards the list drawn up on the basis of Article 9 (2). Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 177 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)

Directive 2015/849/EU
Article 6 – paragraph 3

(2d) in Article 6, paragraph (3) is replaced by the following: 3. The Commission shall make the report referred to in paragraph 1 available to the Member States and obliged entities in order to assist them to identify, understand, manage and mitigate the risk of money laundering and terrorist financing, and to allow other stakeholders, including national legislators, the European Parliament, the ESAs, and representatives from FIUs to better understand the risks. Reports shall be made public six months after having been made available to Member States. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 178 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)

Directive 2015/849/EU
Article 6 – paragraph 4

(2e) in Article 6, paragraph (4) is replaced by the following: 4. The Commission shall make the recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply a~~ny of the~~ particular recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification of such a decision. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 179 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 6 – paragraph 4

~~4. The Commission shall make the recommendations to~~(2a) in Article 6, paragraph (4) is replaced by the following: 4. If either the justification provided by a Member State is not deemed satisfactory with the purpose of ensuring a strong AML regimes across the Union or a Member States con ~~the measures suitable for addressing the identified risks. In the ev~~tinues failing to enforce measures to comply with those recommendations, the Commission might additionally recommentd that Member States ~~decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification of such a decision~~require obliged entities to apply enhanced customer due diligence measures when dealing with natural persons or legal entities operating in a sector or carrying out activities which are identified to be at high risk of money laundering/ terrorism financing.

Amendment 180 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)

Directive 2015/849/EU
Article 7 – paragraph 4 – point e a (new)

(2f) in Article 7(4), the following point is added: (ea) report the institutional structure and broad procedures of their AML/CFT regime, including inter alia the FIU, tax agencies and legal prosecutors, as well as the allocated human and financial resources. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 181 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 7 – paragraph 4 – point e a (new)

~~(eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)~~(2a) in Article 7(4), the following point is added: (ea) inquire and report on national efforts and resources (labour forces and budget) allocated to combat money- laundering and terrorism financing. Or. en

Amendment 182 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)

Directive 2015/849/EU
Article 7 – paragraph 5

(2g) in Article 7, paragraph 5 is replaced by the following: 5. Member States shall make the results of their risk assessments available to the Commission, the ESAs and the other Member States." , and shall publish them after a period of six months." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 183 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 7 – paragraph 5

(2a) in Article 7, paragraph 5 is replaced by the following: "5. Member States shall make the results of their risk assessments available to the Commission, the ESAs and the other Member States." A summary of the assessment shall be made publicly available. That summary shall not contain classified information." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 184 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

Directive 2015/849/EU
Article 7 – paragraph 5

~~"5. Member States shall make the results of~~(2b) in Article 7, paragraph 5 is replaced by the following: "5. Other Member States may provide relevant additional information, where appropriate, to the Member State carrying out their risk assessment~~s available to the Commission, the ESAs and the other Member States~~. A summary of the assessment shall be made publicly available. That summary shall not contain classified information."

Amendment 185 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)

Directive 2015/849/EU
Article 7 – paragraph 5 a (new)

(2c) in Article 7, the following paragraph 5a is added: 5a. The ESAs, through the Joint Committee, and the Commission shall make the recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the ESAs and the Commission thereof and provide a justification of such a decision. If either the justification provided is not deemed satisfactory with the purpose of ensuring a strong AML regimes across the Union or a Member State continues failing to enforce measures to comply with those recommendations, the Commission might additionally recommend that Member States require obliged entities to apply enhanced customer due diligence measures when dealing with natural persons or legal entities operating in a sector or carrying out activities which are identified to be at high risk of money laundering/ terrorism financing.

Amendment 186 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

(2b) in Article 9, paragraph (1) is replaced by the following: "1. Third-country jurisdictions which have strategic deficiencies in their national AML/CFT regimes that pose significant threats to the financial system of the Union ("high-risk third countries"), shall be identified for the security of citizens and in order to protect the proper functioning of the internal market." Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)

Amendment 187 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 h (new)

Directive 2015/849/EU
Article 9 – paragraph 1

(2h) in Article 9, paragraph (1) is replaced by the following: 1. Third-country jurisdictions which have ~~strategic~~ deficiencies in their national AML/CFT regimes that pose significant threats to the financial system o~~f the Union~~r to public budgets of member states or the Union or have other laws or provisions in place with a similar effect ("high-risk third countries"), shall be identified in order to protect the proper functioning of the internal market. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 188 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 i (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – introductory part

(2i) in Article 9(2), the introductory part is replaced by the following: 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 64 in order to identify high-risk third countries, taking into account ~~strategic deficiencies, in particular in relation to:~~ deficiencies both in law and actual administrative and commercial practice, in particular in relation to: Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 189 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 j (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point i a (new)

(2j) in Article 9(2)(a), the following point is added: (ia) the transparency of beneficial ownership of corporations and other entities or arrangements; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 190 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point iii

(2c) in Article 9(2)(a), point (iii) is replaced by the following: (iii) requirements relationg to record- keeping; ~~and~~

Amendment 191 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Hugues BAYET

Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point iv

(2d) in Article9(2)(a), point (iv) is replaced by the following: (iv) requirements to report suspicious transactions; and

Amendment 192 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point iva (new)

(2e) in Article 9(2)(a), the following point is added: (iva) requirements to ensure beneficial ownership transparency;

Amendment 193 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 k (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point b

(2k) in Article 9(2), point b is replaced by the following: (b) the powers and procedures of the third country's competent authorities for the purposes of combating money laundering and terrorist financing; , including appropriately dissuasive and effective penalties and sanctions, as well as its practices in cooperation with competent authorities in member states or the Union; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 194 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point b

(~~b) the powers and procedures~~2f) in Article 9(2), point (b) is replaced by the following: (b) the powers, procedures and political independence of the third country's competent authorities for the purposes of combating money laundering and terrorist financing;

Amendment 195 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 2 l (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point b a (new)

(2l) in Article 9(2), the following point is added: (ba) the legal and practical measures in place in the third country to protect whistleblowers when reporting information in relation to money laundering and terrorist financing." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 196 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point c

(2g) in Article 9(2), point (c) is replaced by the following: (c) the effectiveness of the AML/CFT system in addressing money laundering or terrorist financing risks of the third country., including an analysis of governance indicators, such as control of corruption, government effectiveness, political stability and absence of violence/terrorism, regulatory quality, the rule of law and accountability;

Amendment 197 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 2 h (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point c a (new)

(2h) in Article 9(2), the following point is inserted: (ca) the existence of proper sanction regime in case of breach of law;

Amendment 198 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point c a (new)

(2a) in Article 9(2), the following point is added: (ca) the existence of robust systems to ensure that information on beneficial ownership is available to competent authorities including by means of exchange of information with EU Member States.

Amendment 199 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point c a (new)

(2a) In paragraph 2 of Article 9, the following point is added: (ca) measures for the adequate protection of whistle blowers who report information that is relevant to combating money laundering, tax abuses or the financing of terrorism and other illegal activities;

Amendment 200 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Hugues BAYET

Proposal for a directive
Article 1 – paragraph 1 – point 2 i (new)

Directive 2015/849/EU
Article 9 – paragraph 2 – point c b (new)

(2i) in Article 9(2), the following point is added: (cb) measures in place to protect whistleblowers who uncover information related to money laundering activities.

Amendment 201 #

Krišjānis KARIŅŠ, Judith SARGENTINI

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 9 – paragraph 2 a (new)

(2a) in Article 9, the following paragraph is inserted: 2a. Paragraph 2 (a), (b) and (c) of Article 9 shall be taken into account during the negotiation of any trade, association and partnership agreements by the Commission or any Member State with a third country. The final agreement shall provide provisions for minimum standards and good governance clauses as provided in Annex II of the Communication from the Commission to the European Parliament and the Council on an External Strategy for Effective Taxation in the field of AML/CFT, improved cooperation and effective retaliatory measures if the third country fails to enforce these provisions.;

Amendment 202 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 9 – paragraph 4

~~4. The Commission shall take into account, as appropriate, when drawing up the delegated acts referred to in paragraph 2, relevant~~(2a) In Article 9, paragraph 4 is replaced by the following: 4. The Commission, when drawing up the delegated acts referred to in paragraph 2, shall conduct its assessment in relation to the risks posed by individual third countries by taking into account, but not solely relying on, evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing~~, in relation to the risks posed by individual third countries~~.

Amendment 203 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 2015/849/EU
Article 10 – paragraph 1

(2a) In Article 10, paragraph 1 is replaced by the following: 1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts or, anonymous passbooks or anonymous safe deposit boxes be subject to customer due diligence measures as soon as possible and in any event before such accounts or, passbooks or deposit boxes are used in any way.

Amendment 204 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 j (new)

Directive 2015/849/EU
Article 10 – paragraph 1

(2j) In Article 10, paragraph 1 is replaced by the following: "1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts or anonymous passbooks. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts or anonymous passbooks be subject to customer due diligence measures ~~as soon as possible and in any event before such accounts or passbooks are used in any way." (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)~~no later than six months after the entry into force of this Directive." Or. en

Amendment 205 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

Directive 2015/849/EU
Article 11 – point e a (new)

(2b) In Article 11 the following point is inserted: (ea) when establishing a business relationship with a supplier or customer involving the trade of designated goods or in the case of a transaction with a supplier or customer being carried out outside an existing business relationship involving the trade of designated goods. The following goods whose trading is considered to be vulnerable to direct or indirect terrorist financing shall be deemed to be designated goods within the meaning of the first paragraph: (i) oil, oil products, modular refineries and related material, arms, nuclear material, precious metals and minerals such as gold, silver, copper and diamonds, (ii) machinery, electronics, tobacco products and pharmaceuticals, including the raw materials needed to manufacture, materials, packaging and containers bearing a designation of origin and certificates of authenticity, (iii) cultural artefacts and other items of archaeological, historical, cultural and religious importance, or rare scientific value, as well as ivory and protected species

Amendment 206 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point i

Directive 2015/849/EU
Article 12 – paragraph 1 – point a

(a) the payment instrument is not reloadable, or has a maximum monthly payment transactions limit of EUR 1250 ~~which can be used only in that Member State~~;

Amendment 207 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point i

Directive 2015/849/EU
Article 12 – paragraph 1 – point a

(a) the payment instrument is not reloadable, or has a maximum monthly payment transactions limit of EUR 1250 which can be used only in that Member State;

Amendment 208 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point i

Directive 2015/849/EU
Article 12 – paragraph 1 – point b

(b) the maximum amount stored electronically does not exceed EUR 1250;

Amendment 209 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point i

Directive 2015/849/EU
Article 12 – paragraph 1 – point b

(b) the maximum amount stored electronically does not exceed EUR 1250;

Amendment 210 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point i a (new)

Directive 2015/849/EU
Article 12 – paragraph 1 – point e

(i a) in the first subparagraph, point (e) is replaced by the following: '(e) the issuer carries out sufficient monitoring and ensures the traceability of the transactions or business relationship to enable the detection of unusual or suspicious transactions.'

Amendment 211 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b

Directive 2015/849/EU
Article 12 – paragraph 2

2. Member States shall ensure that the derogation provided for in paragraph 1 is not applicable in the case either of online payment or of redemption in cash or cash withdrawal of the monetary value of the electronic money where the amount redeemed exceeds EUR 5100;

Amendment 212 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c

Directive 2015/849/EU
Article 12 – paragraph 3

3. Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article;. The information shall be monitored regularly and financial institutions shall allocate appropriate resources to carry out this task.

Amendment 213 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2015/849/EU
Article 13 – paragraph 1 – point a

(4) in Article 13(1), point (a) is replaced by the following: ‘ (a) identifying the customer and verifying the customer's identity on the basis of documents, data or information obtained from a reliable and independent source, including, where available, electronic identification means as set out in Regulation (EU) No 910/2014*; _______________ * Regulation (EU) No 910/2014 of the European Parliament and the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). ’deleted

Amendment 214 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2015/849/EU
Article 13 – paragraph 1 – point a

~~(a)~~ identifying the customer and ~~(a)~~ verifying the customer's identity on the basis of documents, data or information obtained from a reliable and independent source, including, where available, electronic identification means as set out in Regulation (EU) No 910/2014*; or alternative remote identification techniques subject to the approval of the competent authorities.

Amendment 215 #

Petr JEŽEK, Sylvie GOULARD, Louis MICHEL, Gérard DEPREZ, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2015/849/EU
Article 13 – paragraph 1 – point a

(a) identifying the customer and verifying the customer's identity on the basis of documents, data or information obtained from a reliable and independent source, including, where available, electronic identification means as set out in Regulation (EU) No 910/2014* or any other remote identification processes recognised and approved by the competent authority;

Amendment 216 #

Petr JEŽEK, Sylvie GOULARD, Louis MICHEL, Gérard DEPREZ, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2015/849/EU
Article 13 – paragraph 1 – point a a (new)

(4a) in Article 13(1), the following point is inserted: (aa) screening the customer's and beneficial owner's names against the EU sanction list;

Amendment 217 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2015/849/EU
Article 13 – paragraph 6 a (new)

(4a) In Article 13, the following paragraph is added: 6a. Member States shall ensure that when customer due diligence measures, as described in this Article, do not allow the identification of the beneficial owner, or where there are reasonable doubts that the person(s) identified are the beneficial owner(s), the business relationship is refused or terminated, and that no transactions are executed.

Amendment 218 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

(4a) The following Article 13a is inserted: Article 13a. By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU and Member State's, lists of persons, groups, and entities subject to sanctions.

Amendment 219 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2015/849/EU
Article 13 a (new)

(4a) The following Article 13a is inserted: Article 13a The Commission shall set up, within one year after entry into force of this Directive, a publicly accessible platform that interconnects the EU Financial Sanctions Database with any other relevant European and national databases containing information on persons, groups and entities that are subject to sanctions. Member States shall cooperate with the Commission where necessary.

Amendment 220 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2015/849/EU
Article 14 – paragraph 5

5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU.; Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) not later than ... [one year after the date of the entry into force of this amending Directive].

Amendment 221 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2015/849/EU
Article 14 – paragraph 5

5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU.; ~~(With regard to proportionality, low-risk business models should be handled differently to~~Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) no later than [one year after the date of the entry into force of this amending Directive]. This does not apply in low-risk cases. Or. de those of normal or high risk. Therefore only low-risk cases should not be monitored.)

Amendment 222 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)

Directive 2015/849/EU
Article 15

"(5a) Article 15 ~~1. obliged entity identifies areas of lower risk, that Member State may allow obliged entities to~~is deleted; Where a Member State or an Before applying simplified customer due diligence measures. 2. customer due diligence measures obliged entities shall ascertain that the customer relationship or transaction presents a lower degree of risk. 3. obliged entities carry out sufficient monitoring of the transactions or business relationships to enable the detection of unusual or suspicious transactions." Member States shall ensure that Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 223 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)

Directive 2015/849/EU
Article 16

“(5b) Article 16 When assessing the risks of money laundering and terrorist financing relating to types of customers, geographic areas, and particular products, services, transactions or delivery channels, Member States and obliged entities shall take into acis deleted; Or. en (http://eur-lex.europa.eu/legal- count ~~at least the factors of potentially lower risk situations set out in Annex II.”~~ ent/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 224 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2015/849/EU
Article 18 – paragraph 1

In the cases referred to in Articles 198a to 24, as well as in other cases of higher risk that are identified by Member States or obliged entities, Member States shall require obliged entities to apply enhanced customer due diligence measures to manage and mitigate those risks appropriately.;

Amendment 225 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2015/849/EU
Article 18 – paragraph 2

(6a) in Article 18, paragraph 2 is replaced by the following: "2. Member States shall require obliged entities to examine~~, as far as reasonably possible,~~ the background and purpose of all ~~complex, unusually large transactions, and all~~transactions that fulfil one of the following conditions: (i) they are complex transactions; (ii) they are unusually large transactions; (iii) the are conducted in an unusual patterns of transactions~~, which have no apparent economic or~~; (iv) they do not seem to have an entirely lawful purpose. In particular, obliged entities shall increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear suspicious." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 226 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – introductory part

1. ~~With respect to transactions involving high risk third countries,~~ Member States shall require that, when dealing with natural persons who are resident or legal entities established in the third countries identified as high-risk third countries pursuant to Article 9 (2), obliged entities shall apply ~~at least~~ all the following ~~enhanced~~ customer due diligence measures:

Amendment 227 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – introductory part

1. With respect to business relationships or transactions involving high risk third countries, Member States shall require that, when dealing with natural persons or legal entities established in the third countries identified as high-risk third countries pursuant to Article 9 (2), obliged entities shall apply at least all the following enhanced customer due diligence measures:

Amendment 228 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – point a

(a) obtaining additional information on the customer and on the beneficial owner;

Amendment 229 #

Sirpa PIETIKÄINEN

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – point a

(a) obtaining additional information on the customer and beneficial owner(s);

Amendment 230 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – point c

(c) obtaining information on the source of funds or source of wealth of the customer including the type of assets used and the originating bank account;

Amendment 231 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – point c

Amendment 232 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – point d

(d) obtaining information on the reasons for the intended or performed transactions and the details on the beneficial financial account or receiving party of the transaction, including full name and location;

Amendment 233 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – point g

~~(g) requiring the first payment to be carried out through an account in the customer's name with a bank subject to similar CDD standards.~~ deleted Or. de (Measures (a) - (f) are sufficient to minimise the risk of money laundering.)

Amendment 234 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 – subparagraph 2 (new)

In addition to these enhanced CDD measures, obliged entities shall, for all their customers, report to the responsible FIU and competent authorities, including tax authorities, any transactions originating from or destined to high risk third countries.

Amendment 235 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 a (new)

1a. In addition to the measures provided in paragraph 1, Member States shall apply the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union: (a) requiring increased supervisory examination or external audit requirements for branches and subsidiaries of financial institutions based in the country concerned; (b) requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the country concerned.

Amendment 236 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 1 a (new)

1a. Those jurisdictions which do not collaborate effectively in prosecuting financial crimes shall be considered to be high-risk third countries. The Commission shall determine on an annual basis those jurisdictions which, because they have not collaborated effectively in prosecuting crimes, in relation to either information exchange or the established cooperation and collaboration mechanisms, should be considered to be high-risk countries for the purposes of adopting the enhanced measures laid down in this Directive. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. es (see Article 9(2))

Amendment 237 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 2

2. In addition to the measures provided in paragraph 1 and 1a and in compliance with international obligations of the Union, Member States may require obliged entities, when dealing with natural persons or legal entities established in the third countries identified as high-risk third countries pursuant to Article 9(2) to apply one or several additional mitigating measures:

Amendment 238 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 2 – point c

(c) ~~limit~~suspending business relationships or suspending or withholding consent to financial transactions with natural persons or legal entities from the identified country.

Amendment 239 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 2 – point c a (new)

(ca) the existence of robust systems to ensure that the relevant authorities have the minimum amount of information required on final beneficiaries, with no barriers linked to the national system or management that are used as pretexts to refuse the provision of information. Or. es (see Article 9(2))

Amendment 240 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 3

3. In addition to the measures provided in paragraph 1, Member States ~~may~~shall apply ~~one of~~ the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union:

Amendment 241 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 3

3. In addition to the measures provided in paragraph 1 and 1a, Member States may apply one of the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union:

Amendment 242 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 18 a – paragraph 3

3. In addition to the measures provided in paragraph 1, Member States ~~may~~should apply one of the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 243 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 3 – point e

~~(e) requiring increased supervisory examination or external audit requirements for branches and subsidiaries of financial institutions based in the country concerned;~~deleted

Amendment 244 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 3 – point f

~~(f) requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the country concerned.~~deleted

Amendment 245 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 18 a – paragraph 3 – point f a (new)

(fa) providing, in the event of non- compliance, for effective sanctions, which may extend to suspending the licences needed to carry out activity (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 246 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2015/849/EU
Article 18 a – paragraph 5 a (new)

5a. The Commission shall ensure that the measures laid down in this Directive apply fully to all territories with a sovereign status dependent on Member States, including those that enjoy special tax legislation. Should any territories with special legislation fail to comply adequately with the measures laid down, the Commission may decide to include them in the list of high-risk third countries for the purposes of the application of enhanced due diligence measures.

Amendment 247 #

Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)

Directive 2015/849/EU
Article 20 – point b – point ii

(7a) in article 20(b), point (ii) is replaced by the following: "(ii) take adequate measures to establish the source of wealth and source of funds that are involved in the business relationship or transaction with such ~~persons;"~~ persons and spontaneously provide this information to the competent authorities of the person's countries of origin and residence. If there are grounds to believe that the person in question is or was involved in the illicit transfer of funds or the obliged entity is not capable of identifying the source of wealth or source of funds relating to the person, it shall automatically repeat the provision of information to the competent authorities of the person's countries of origin and residence in regular intervals of not more than five years;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 248 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)

Directive 2015/849/EU
Article 20 – point b – point ii

(7a) in Article 20(b), point (ii) is replaced by the following: "(ii) take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with such persons~~; (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)~~, including the corporate structure used for business relations or transactions;" Or. en

Amendment 249 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)

Directive 2015/849/EU
Article 20 a (new)

(7b) The following Article 20a is inserted: Article 20a 1. Member States shall enact national legislation providing for the elaboration of lists of Politically Exposed Persons resident in their territory. 2. The Commission, in cooperation and gathering data submitted by Member States and international organisations, shall assemble a list of politically exposed persons resident in the EU. The list shall be accessible by competent authorities and by obliged entities. 3. The above paragraphs shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on that information as sufficient to fulfil those obligations. 4. Member States shall take all appropriate measures to prevent the trade of information for commercial purposes on politically exposed persons, or persons who are or who have been entrusted with a prominent function by an international organisation.

Amendment 250 #

Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)

Directive 2015/849/EU
Article 22

(7b) Article 22 is replaced by the following: "Where a politically exposed person is no longer entrusted with a prominent function by a Member State or a third country or with a prominent function by an international organisation, obliged entities shall for at least 1236 months, be required to take into account the continuing risk posed by that person and to apply appropriate and risk-sensitive measures until such time as that person is deemed to pose no further risk specific to politically exposed persons." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 251 #

Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)

Directive 2015/849/EU
Article 26 – paragraph 2

(7a) in Article 26, paragraph (2) is replaced by the following: "2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries. Member States may exempt branches and majority-owned subsidiaries of obliged entities established in the Union from that prohibition where those branches and majority-owned subsidiaries fully comply with the group-wide policies and procedures in accordance with Article 45." " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 252 #

Cătălin Sorin IVAN

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 2015/849/EU
Article 27 – paragraph 2

2. Member States shall ensure that obliged entities to which the customer is referred take adequate steps to ensure that the third party provides, immediately, upon request, relevant copies of identification and verification data~~, including, where available, data obtained through electronic identification means as set out in Regulation (EU) No 910/2014,~~ and other relevant documentation on the identity of the customer or the beneficial owner, including, where available, data obtained through electronic identification means or evidence of electronic identification means, at the substantial level, as set out in Regulation (EU) No 910/2014 and any other electronic identification means based on new technologies presenting an adequate level of security equivalent to the substantial assurance level of e-IDAS; and other relevant documentation on the identity of the customer or the beneficial owner.;

Amendment 253 #

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 2015/849/EU
Article 27 – paragraph 2

2. Member States shall ensure that obliged entities to which the customer is referred take adequate steps to ensure that the third party provides immediately, upon request, relevant copies of identification and verification data, including, where available, data obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, and other relevant documentation on the identity of the customer or the beneficial owner.;

Amendment 254 #

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 2015/849/EU
Article 27 – paragraph 2

2. Member States shall ensure that obliged entities to which the customer is referred take adequate steps to ensure that the third party provides immediately, upon request, relevant copies of identification and verification data, including, where available, data obtained through electronic identification means as set out in Regulation (EU) No 910/2014, or any other remote identification processes recognised and approved by the competent authority and other relevant documentation on the identity of the customer or the beneficial owner.;

Amendment 255 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 1

(-a) Article 30(1) ‘Member States shall ensure that corporate and other legal entities incorporated or operating within their territory are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held~~.’ (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)~~, and to forward it to the central public register that operates in their territory.’ Or. it

Amendment 256 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point –a (new)

Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 1

(-a) in paragraph 1, subparagraph 1 is replaced by the following: ‘1. Member States shall ensure that corporate and other legal entities incorporated within their territory are required to obtain and hold adequate, accurate and current information on the~~ir beneficial ownership, including the details of the beneficial interests held.~~ following points : - All beneficial owners and all nominee intermediaries. - All directors and all those in accordance with whose instructions they act. - All accounts. The same should be required for all protected cell companies and international cell companies with full details disclosed for each cell.’

Amendment 257 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)

(-a) in paragraph 1 the following subparagraph is inserted: Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person.

Amendment 258 #

Petr JEŽEK, Nils TORVALDS, Sylvie GOULARD, Louis MICHEL, Gérard DEPREZ, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)

(-a) in paragraph 1, the following subparagraph is added: 'Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting.

Amendment 259 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)

Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 b (new)

(-aa) in paragraph 1 the following subparagraph is added: Member States shall ensure that, when acting on behalf of another person, the nominee owner(s) or director(s) in corporate and other legal entities are required to maintain information identifying their nominator.

Amendment 260 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 3

(-a) paragraph 3 is replaced by the following: 3. Member States shall ensure that the information referred to in paragraph 1 is held in a central register in each Member State, for example a commercial register, companies register as referred to in Article 3 of Directive 2009/101/EC of the European Parliament and of the Council (1), or a public register. Member States shall notify to the Commission the characteristics of those national mechanisms. The information on beneficial ownership contained in that database may be collected in accordance with national systems." (eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)Member states shall ensure that the register administering entity will not take advantage of a possible preferential market position to charge fees with an exceptional high mark-up. The information on beneficial ownership contained in that database may be collected in accordance with national systems. In the case of a register administered by public administration, the member state shall continuously look for possibilities to lower the administrative costs so access to the register is not discouraged by high costs and related fees." Or. en

Amendment 261 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)

Directive 2015/849/EU
Article 30 – paragraph 4

(-aa) paragraph 4 is replaced by the following: 4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current. Obliged entities, FIUs and competent authorities shall report any discrepancy they find between the beneficial ownership information held in the central registers and the beneficial ownership information collected as part of their customer due diligence procedures or investigations.

Amendment 262 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)

Directive 2015/849/EU
Article 30 – paragraph 4

(-aa) Article 30(4) ‘4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current.~~’ (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)~~ Member States shall also require the obliged entities to report any discrepancy found between the information held in the central register and the information on beneficial owners acquired in performance of the customer due diligence obligations.’ Or. it

Amendment 263 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)

Directive 2015/849/EU
Article 30 – paragraph 4

(-aa) paragraph 4 is replaced by the following: ‘4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis.’

Amendment 264 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 4

(-a) paragraph 4 is replaced by the following: ‘4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current.’ Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. They shall also foresee mechanisms for encouraging obliged entities to report inconsistencies between the information they have collected through their customer due diligence process and that held in the central register.’

Amendment 265 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)

Directive 2015/849/EU
Article 30 – paragraph 4

(-aa) paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current." Member States shall require that the obliged entities report cases of missing or inaccurate disclosures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 266 #

Petr JEŽEK, Nils TORVALDS, Sylvie GOULARD, Louis MICHEL, Gérard DEPREZ, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 4

(9a) Paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current." over time. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. Obliged entities shall report any discrepancy they find between the beneficial ownership information contained in the central registers and the beneficial ownership information collected when performing their due diligence procedures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 267 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 – subparagraphs 2 and 3

~~The persons or organisations referred to in point (c)~~(-a) the second and third subparagraphs of paragraph 5 are replaced by the following: The information accessible to the public shall ~~access~~ at least consist of the name, the ~~month and year~~date of birth, the nationality ~~and~~, the country of residence and the business address of the beneficial owner, as well as the nature and extent of the beneficial interest held, as defined in Article 3(6)(b). For the purposes of this paragraph, access to the information on beneficial ownership by the public shall be in accordance with ~~data protection rules and may be subject to online registration and to the payment of a fee. The fees charged for obtaining the information shall not exceed~~the relevant open data standards and the data protection rules. Access shall not be further subject to online registration or other restrictions of any kind, including payment of fees or charges to cover the administrative costs thereof.

Amendment 268 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a

Directive 2015/849/EU
Article 30 – paragraph 5 – point c

(a) in paragraph 5, point (c) of the first subparagraph ~~and the second subparagraph are deleted;~~is replaced by the following: (c) the public, in open data format.’

Amendment 269 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 – subparagraph 2

The persons or organisations referred to in point (c) shall access at least the name, the month and year of birth, the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held. (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)(aa) in paragraph 5, the second subparagraph is deleted: Or. it

Amendment 270 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 – subparagraph 3

For the purposes of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and may be subject to online registration and to the payment of a fee. The fees charged for obtaining the information shall not exceed the administrative costs thereof.’ (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)(aa) in paragraph 5, the third subparagraph is deleted; Or. it

Amendment 271 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 – subparagraph 3

(aa) in paragraph 5, subparagraph 3 is replaced by the following: The following parts of the information held in the register referred to in paragraph 3 shall be publicly accessible: the name, the date of birth, the nationality, the country of residence and the nature and extent of the beneficial interest of the beneficial owner(s) as defined in Article 3 (6) (b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and ma~~y be subject to onl~~de possible in machine -re~~gistration and to the payment of a fee. The fees charged for obtaining the information shall not exceed the administrative costs thereof."~~ adable and open format as defined in Directive 2013/37/EU." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 272 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Paul TANG

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 a (new)

(aa) the following paragraph 5a is inserted: 5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purposes of this paragraph, the information on beneficial ownership shall be available in in accordance with data protection rules and in open format, as defined in Directive 2003/98/EC Article 2(7) and subject to online registration. Member States may subject public access to information to online registration and introduce a fee to cover the administrative costs.

Amendment 273 #

Nils TORVALDS, Petr JEŽEK, Sylvie GOULARD, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 a (new)

(aa) the following paragraph 5a is inserted: '5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the direct administrative costs. The fee should not prevent stakeholders from access to information in the register.'

Amendment 274 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 a (new)

(aa) the following paragraph 5a is inserted: '5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.'

Amendment 275 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2015/849/EU
Article 30 – paragraph 5 a (new)

(aa) the following paragraph 5a is inserted: 5a. The information held in the register referred to in paragraph 3 of this article on any corporate and legal entities other than those referred to in Article 1a(a) of directive (EC) 2009/101 shall be accessible to public authorities only. For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection laws. Member States shall not introduce a fee to cover the administrative cost. For the purpose of this directive a legitimate interest shall be documented by either (a) statutes or mission statements of non-governmental organizations with a positive track record of actions aimed at money laundering, tax evasion or financial criminal activities including terrorism or (b) a positive track record of previous activities relevant to the fight against money laundering, tax evasion or financial criminal activities including terrorism.

Amendment 276 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a b (new)

Directive 2015/849/EU
Article 30 – paragraph 5 a (new)

~~(eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)~~(-a) the following paragraph is inserted: 5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purposes of this paragraph, the information on beneficial ownership shall be available in in accordance with data protection rules and in open format, as defined in Directive 2003/98/EC Article 2(7) and subject to online registration. Member States may subject public access to information to online registration and introduce a fee to cover the administrative costs but which shall not exceed the administrative cost thereof." Or. en

Amendment 277 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b

Directive 2015/849/EU
Article 30 – paragraph 6 – subparagraph 1

The central register referred to in paragraph 3 shall ensure ~~timely~~direct and unrestricted access by competent authorities and FIUs to all information held in the central register without any restriction or payment of a fee and without alerting the entity concerned. ~~It shall also allow timely access by~~The same provisions should apply to obliged entities when taking customer due diligence measures in accordance with Chapter II.

Amendment 278 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)

Directive 2015/849/EU
Article 30 – paragraph 8

(ba) paragraph 8 is replaced by the following: "8. Member States shall require that obliged entities do not rely exclusively on the central register referred to in paragraph 3 to fulfil their customer due diligence requirements in accordance with Chapter II. ~~Those requirements shall be fulfilled by using a risk-based approach."~~ When carrying out customer due diligence requirements, obliged entities shall however be required to report any discrepancy between central registers and information obtained directly through clients or other sources to competent authorities with a view to ensuring that central registers contain the most accurate, up-to-date and complete information possible." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 279 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)

Directive 2015/849/EU
Article 30 – paragraph 8

(ba) paragraph 8 is replaced by the following: "8. Member States shall require that obliged entities do not rely exclusively on the central register referred to in paragraph 3 to fulfil their customer due diligence requirements in accordance with Chapter II. Those requirements shall be fulfilled by using a risk-based approach." Whenever entering into a new customer relationship with a corporate or other legal entity subject to registration of beneficial ownership information pursuant to paragraph 3, the obliged entities shall collect proof of registration." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 280 #

Petr JEŽEK, Nils TORVALDS, Sylvie GOULARD, Louis MICHEL, Gérard DEPREZ, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)

Directive 2015/849/EU
Article 30 – paragraph 8 – subparagraph 1 a (new)

(ba) in paragraph 8, the following subparagraph is added : "Before entering into a new customer relationship with a corporate or other legal entity subject to the registration of beneficial ownership information, the obliged entities shall collect proof of that registration"

Amendment 281 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 –subparagraph 1

Amendment 282 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances and under the conditions to be laid down in national law, where an in-depth and reasoned assessment shows that the access referred to in point (b) and point (c) of paragraph 5 ~~would~~ exposes the beneficial owner to the risk of ~~fraud,~~ kidnapping, blackmail, violence or intimidation, oin particular wheren the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption for a limited period of no more than a year from such access to all or part of the information on the beneficial ownership on a case-by-case basis. In the exceptional cases in which exemption is granted, the identity of the guardian/administrator/person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public. The exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner.

Amendment 283 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances ~~to be~~and other specific terms laid down in national law, where the access referred to in ~~point (b) of~~ paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Member States shall ensure that these exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register. It shall further be possible to challenge exemptions before the national authority that granted the exemption.

Amendment 284 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register and legal appeal against the exemption shall always be possible. Member States shall publish annual statistical data on the amount of exemptions granted and reasons stated and report the data to the Commission.

Amendment 285 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 would expose the beneficial owner to the risk of ~~fraud,~~ kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. Member States shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances, with the evaluation accessible to the Commission upon request. Exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.

Amendment 286 #

Nils TORVALDS, Petr JEŽEK, Sylvie GOULARD, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances to be laid down in national law, where the access referred to in point (b) and point (c) of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. When an exemption is granted, this has to be clearly indicated in the register. Exemptions shall be reassessed at regular intervals to avoid abuse. Any legal or natural person may ask for the exemption to be examined by a court.

Amendment 287 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals not exceeding 12 months to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.

Amendment 288 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1

In exceptional circumstances to be laid down in national law, where the access referred to in point (b) and (c) of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis.

Amendment 289 #

Judith SARGENTINI

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c

Directive 2015/849/EU
Article 30 – paragraph 10 – subparagraph 3

The information referred to in paragraph 1 of this Article shall be available through the national registers and through the system of interconnection of registers for 10 years after the corporate or other legal entity has been struck off from the commercial or company register. Member States shall cooperate among themselves and with the Commission in order to implement the different types of access in accordance with paragraph 5.;

Amendment 290 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c a (new)

Directive 2015/849/EU
Article 30 – paragraph 10 a (new)

(ca) the following paragraph 10a is added: 10a. Member States shall ensure that corporate and other legal entities incorporated outside their territory and/or their jurisdiction are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held, and submit that information to the public register in similar terms as those described in paragraphs 1, 3, 5 and 6 of the Article and in Article 7b of Directive 2009/101/EC in the following circumstances: (a) when the corporate or legal entity opens a bank account or requests a loan in the Member State; (b) when the corporate or legal entity acquires real estate, either by purchase or other legal means, such as donation; (c) when the corporate or legal entity is a party to any commercial transaction whose validity under national law is dependent on a certain formality or validation act, such as certification by a notary. Member States shall provide for adequate sanctions for the failure to comply with the obligation to register in accordance with this paragraph, such as the nullity of the contract.

Amendment 291 #

Bernd LUCKE, Ashley FOX, Pirkko RUOHONEN-LERNER

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 –subparagraph 1

Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand or fideicomiso. Member States shall define the characteristics to determine where legal arrangements have a structure or functions similar to trusts.

Amendment 292 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 –subparagraph 1

Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fTreuhand, Stiftung, Privatstiftung, Usufruct Fiduciea, ~~Treuhand or fideicomiso~~or Fideicomiso, and all other similar in terms of structure or function, existing or future legal arrangements.

Amendment 293 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 1

Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts~~, such as, inter alia, fiducie, Treuhand or fideicomiso~~. Member States, in cooperation with the Commission, shall define the characteristics to describe which legal arrangements have functions and a structure similar to trusts.

Amendment 294 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1– subparagraph 1

Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waaf or fideicomiso, and all other similar, in terms of structure or function, existing or future legal arrangements.

Amendment 295 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 1

Member States shall ensure that this Article applies to trusts, foundations and other types of entity or legal arrangements, whether existing or future, having a similar structure or functions ~~similar to trust~~or aims, such as, inter alia, fiducie, Treuhand or fideicomiso.

Amendment 296 #

Othmar KARAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 1

Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure orand functions similar to trusts~~, such as, inter alia, fiducie, Treuhand or fideicomiso~~.

Amendment 297 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 1

Member States shall ~~ensu~~require that the provisions in this Article appl~~ies~~y to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand or fideicomiso.

Amendment 298 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 2 – introductory part

Each Member State shall require that trustees of any express trust created, administered or operating in that Member State obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of:

Amendment 299 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 2

Each Member State shall require that trustees of any ~~express trust~~trust created, administered or operated in that Member State under the law of a Member State or of a third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of: (a) the settlor(s); (b) the trustee(s); (c) the protector(s) (if any); (d) the beneficiaries or class of beneficiaries;, (e) any other natural person exercising effective control over the trust or being mentioned in the trust deed or related documents.

Amendment 300 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 2

Each Member State shall require that trustees of any express trust created, administered or operated in that Member State under the law of a Member State or third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of: (a) the settlor (s); (b) the trustee (s); (c) the protector (s) (if any); (d) the beneficiaries or class of beneficiaries; (~~e) exercising effective control over the trust.~~da) any other person mentioned in the trust deed or related document (regardless of any distribution, right, power or interest); any other natural person

Amendment 301 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)

Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 2 a (new)

(aa) in paragraph 1, the following subparagraph is added: The information will be kept in a central register created by the Member State. The data in registries should be also automatically exchanged with jurisdictions in which beneficiaries of trusts are located. That location is to be identified by both the place of main residence of beneficiaries and by the country which issued their passports.

Amendment 302 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)

Directive 2015/849/EU
Article 31 – paragraph 2

"2. Member States shall ensure that trustees disclose their status and provide the information referred to in paragraph 1 to obliged entities in a timely manner where, as a trustee, the trustee forms a busines(aa) paragraph 2 is replaced by the following: "2. Member States shall set up central trust registers and require trustees to make the information referred to in paragraph 1 available in the central register of the Member State(s) where the trust is crelat~~ionship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 11."~~ ed, administered or operated." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 303 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)

Directive 2015/849/EU
Article 31 – paragraph 2

(aa) paragraph 2 is replaced by the following: "2. Member States shall ensure that trustees and other beneficial owners disclose their status and provide the information referred to in paragraph 1 to obliged entities in a timely manner ~~where, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the thresholds set out in points (b), (c) and (d) of Article 11."~~ ." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 304 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)

Directive 2015/849/EU
Article 31 – paragraph 3

(aa) paragraph 3 is replaced by the following: 3. Member States shall require that the information referred to in paragraph 1 can be directly accessed in a timely manner by competent authorities and FIUs. Obliged entities, FIUs and competent authorities shall report any discrepancy they find between the beneficial ownership information held in the central registers and the beneficial ownership information collected as part of their customer due diligence procedures or investigations.

Amendment 305 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a b (new)

Directive 2015/849/EU
Article 31 – paragraph 3

~~"3. Member States shall require that~~(ab) paragraph 3 is replaced by the following: "3. Member States shall ensure that trustees disclose their status and provide the information referred to in paragraph 1 ~~can be accessed~~to obliged entities in a timely manner ~~by competent authorities and FIUs."~~ where, as a trustee, the trustee forms a business relationship or carries out a transaction with an obliged entity." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 306 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b

Directive 2015/849/EU
Article 31 – paragraph 3 a

~~(b) the following paragraph 3a is inserted: "3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is administered.”~~ deleted Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 307 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b

Directive 2015/849/EU
Article 31 – paragraph 3 a

3a. The information referred to in paragraph 1 shall be held in athe central register set up by the Member State where the trust ~~is administered~~, foundation or other type of legal entity, whether existing or future, was created or established or is administered or where it operates.

Amendment 308 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b

Directive 2015/849/EU
Article 31 – paragraph 3 a

3a. The information referred to in paragraph 1 shall be held in a central register referred to in Article 30(3) set up by the Member State where the trust is administered;

Amendment 309 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b

Directive 2015/849/EU
Article 31 – paragraph 3 a

3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated;

Amendment 310 #

Bernd LUCKE, Ashley FOX

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c

Directive 2015/849/EU
Article 31 – paragraph 4

4. Member States shall ensure that the information held in the register referred to in paragraph 3a is accessible in a timely and unrestricted manner by competent authorities and FIUs, without alerting the parties to the trust concerned. They ~~shall~~may also ~~ensure that~~provide obliged entities are allowed timely access to that information, pursuant to the provisions on customer due diligence laid down in Chapter II. Member States shall notify to the Commission the characteristics of those mechanisms.

Amendment 311 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraphs 4 a and 4 b

(d) the following paragraphs 4a and 4b are inserted: ‘4a.The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation that can demonstrate a legitimate interest. The information accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and year of birth, the nationality and the country of residence of the beneficial owner as defined in Article 3(6)(b). 4b. Whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable.’;deleted

Amendment 312 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a

Amendment 313 #

Nils TORVALDS, Petr JEŽEK, Sylvie GOULARD, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1

Amendment 314 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be publicly accessible ~~to any person or organisation that can demonstrate a legitimate interest~~. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.

Amendment 315 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1

The following parts of the information held in the register referred to in paragraph 31a ~~of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or~~ shall be publicly accessible: the name, the date of birth, the nationality, the country of residence and the nature and extent of the beneficial interest of the beneficial owner(s) as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accorgdan~~isation that can demonstrate a legitimate interest~~ce with data protection rules and made possible in machine-readable and open format as defined in Directive 2013/37/EU.

Amendment 316 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1

The information held in the register referred to in paragraph 3a of this Article ~~with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation that can demonstrate a legitimate interes~~shall be accessible to the public in an open data format.

Amendment 317 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1

The information held in the register referred to in paragraph 3a of this Article with respect to any ~~other~~ trusts ~~than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation that can demonstrate a legitimate interest~~or similar legal entities shall be public.

Amendment 318 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1

“4a. The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation ~~that can demonstrate a legitimate interest~~.

Amendment 319 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1

Amendment 320 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2

The information accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and year of birth, the nationality and the country of residence of the beneficial owner as defined in Article 3(6)(b).deleted

Amendment 321 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Amendment 322 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2

The information accessible to ~~persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and year of bir~~the public shall at least consist of the name, the date of birth, the nationality, the country of residence and the business address of the beneficial owner, as well as the nature and extent of the beneficial interest held, as defined in Article 3(6)(b). For the purposes of this paragraph, access to the information by the public must be fully in accordance with, the ~~nationality and the country of residence of the beneficial owner as defined in Article 3(6)(b)~~relevant open data standards and data protection rules. Access shall not be further subject to online registration or other restrictions of any kind, including payment of fees or charges to cover administrative costs.

Amendment 323 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2

The information accessible to persons and organisations ~~that can demonstrate a legitimate interest~~ shall consist of the name, the month and year of birth, the nationality and the country of residence of the beneficial owner as defined in Article 3(6)(b).

Amendment 324 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Caterina CHINNICI, Birgit SIPPEL, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2

The information publicly accessible ~~to persons and organisations that can demonstrate a legitimate interest~~ shall consist of the name, the ~~month and year~~date of birth, the nationality ~~and~~, the country of residence and the nature and extent of the interest held of the beneficial owner as defined in Article 3(6)(b).

Amendment 325 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31– paragraph 4 a – subparagraph 2 a (new)

For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fair and non-discriminatory fee to cover the direct administrative costs. The fee should not prevent stakeholders from access to information in the register.

Amendment 326 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 b

4b. Whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable and report to the relevant authorities any discrepancy that they find between the beneficial ownership information held in the central register and the beneficial ownership information collected as part of their customer due diligence procedures.”;

Amendment 327 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 b

Amendment 328 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d a (new)

Directive 2015/849/EU
Article 31 – paragraph 5

(da) paragraph 5 is replaced by the following: "5. Member States shall require that the information held in the central register referred to in paragraph 41a is adequate, accurate and up-to-date." To the extent that there is doubt as to whether the information held in the central register is adequate, accurate and up-to-date and the person(s) identified are the actual beneficial owner(s) and the trust or trustee do not cooperate to clarify the information, or where the trust or trustee do not provide identity information of all natural persons meeting the criteria under paragraph 1 above, trusts should not be allowed to register in the central register." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 329 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d a (new)

Directive 2015/849/EU
Article 31 – paragraph 5

(da) paragraph 5 is replaced by the following: 5. Member States shall require that the information held in the central register referred to in paragraph 4 is adequate, accurate and up-to-date. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis.

Amendment 330 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d a (new)

Directive 2015/849/EU
Article 31 – paragraph 5

(da) paragraph 5 is replaced by the following: "5. Member States shall require that the information held in the central register referred to in paragraph 4 is adequate, accurate and up-to-date." Member States shall require that the obliged entities report cases of missing or inaccurate disclosures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 331 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d a (new)

Directive 2015/849/EU
Article 31 – paragraph 5 a (new)

(da) the following paragraph 5a is inserted: "5a. Trusts that are not registered in the central register should not be allowed to operate (i.e. hold bank accounts, engage in business transactions, hold or purchase assets, be enforceable under domestic laws and courts, etc.) within the territory of the Union. Existing registered trusts that do not update information, should be "inactivated": while their available information will be kept, they will be unable to operate within the territory of the Union as if they were unregistered trusts."

Amendment 332 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d c (new)

Directive 2015/849/EU
Article 31 – paragraph 6

(dc) paragraph 6 is replaced by the following: "6. Member States shall ensure that obliged entities do not rely exclusively on the central register referred to in paragraph 4 to fulfil their customer due diligence requirements as laid down in Chapter II. ~~Those requirements shall be fulfilled by using a risk-based approach."~~ When carrying out customer due diligence requirements, obliged entities shall however be required to report any discrepancy between central registers and information obtained directly through clients or other sources to competent authorities with a view to ensuring that central registers contain the most accurate, up-to-date and complete information possible." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 333 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a

(e) the following paragraph 7a is inserted: ‘7a. In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions granted pursuant to the first subparagraph shall not apply to the credit institutions and financial institutions, and to obliged entities referred to in point (3)(b) of Article 2(1) that are public officials. Where a Member State decides to establish an exemption in accordance with the first subparagraph, it shall not restrict access to information by competent authorities and FIUs’;deleted

Amendment 334 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a

In exceptional circumstances and under the conditions laid down in national law, where an in-depth and reasoned assessment shows that the access referred to in paragraphs 4 and 4a ~~would~~ exposes the beneficial owner to the risk of ~~fraud,~~ kidnapping, blackmail, violence or intimidation, oin particular wheren the beneficial owner is a minor or otherwise incapable, Member States may provide for a limited time of no more than a year for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. In the exceptional cases in which exemption is granted, the identity of the guardian/administrator/person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public. The exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner.

Amendment 335 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1

In exceptional circumstances and under specific terms laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- ~~case basis.~~ case basis. Member States shall ensure that these exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register. It shall further be possible to challenge exemptions before the national authority that granted the exemption.

Amendment 336 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1

In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of ~~fraud,~~ kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. Member States shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances, with the evaluation accessible to the Commission upon request. Exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.

Amendment 337 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1

In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register and legal appeal against the exemption shall always be possible. Member States shall publish annual statistical data on the amount of exemptions granted and reasons stated and report the data to the Commission.

Amendment 338 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1

In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. When an exemption is granted, this has to be clearly indicated in the register. Exemptions shall be reassessed at regular intervals to avoid abuse. Any legal or natural person may ask for the exemption to be examined by a court.

Amendment 339 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1

In exceptional circumstances laid down in national law, where the access referred to in p~~aragraphs 4 and 4a~~oint b of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, ~~Member States may provide for an exemption from such access~~a competent authority may grant a temporary exemption to all or part of the information on the beneficial ownership on a case-by-case basis. When an exemption is granted this has to be clearly indicated in the register.

Amendment 340 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e

Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1

In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 ~~and 4a~~ would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis.

Amendment 341 #

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point f

Directive 2015/849/EU
Article 31 – paragraph 8

~~(f) Paragraph 8 is~~ deleted;

Amendment 342 #

Judith SARGENTINI

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point g

Directive 2015/849/EU
Article 31 – paragraph 9 – subparagraph 4

The information referred to in paragraph 1 of this Article shall be available through the national registers and through the system of interconnection of registers for 10 years after the trust or other legal arrangement similar to a trust has been struck off from the commercial or company register. Member States shall cooperate with the Commission in order to implement the different types of access in accordance with paragraphs 4 and 4a of this Article.”;

Amendment 343 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point g

Directive 2015/849/EU
Article 31 – paragraph 9 – subparagraph 4

Member States shall cooperate with the Commission in order to implement the different types of access in accordance with paragraphs 4 and 4a of this Article and to propose improved procedures when it comes to ensuring interconnections;

Amendment 344 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h

Directive 2015/849/EU
Article 31 – paragraph 10

10. For the purposes of this Article, a trust is considered to be created, administered ~~in each Member State where the trustees are established;~~or operated in a Member State where one or more of the following conditions are fulfilled: (a) it is created according to or governed by the law of the Member State or has its ultimate court of appeal in the jurisdiction of the Member State; (b) it is connected to the Member State by: (i) having one or more of the persons referred to in paragraph 1 or beneficial owners of the trust, as defined in Article 3(6)(b), resident in that Member State; (ii) holding real estate or other tangible assets in the Member State; (iii) holding shares or voting rights or ownership interest in a legal entity incorporated in that Member State; (iv) holding a bank or payment account in a credit institution situated in that Member State.

Amendment 345 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h

Directive 2015/849/EU
Article 31 – paragraph 10

10. For the purposes of this Article, a trust is considered to be administered in each Member State where ~~the trustees are established;~~: (a) it is created according to or governed by the Member State's law or has its ultimate court of appeal in the Member State's jurisdiction; or (b) it is connected to the Member State by: (i) having one or more of the beneficial owners of the trust, as defined in Article 3(6)(b), resident in that Member State; (ii) holding real estate in that Member State; (iii) holding shares or voting rights or ownership interest in a legal entity incorporated in that Member State; or (iv) holding a bank or payment account in a credit institution situated in that Member State.

Amendment 346 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h

Directive 2015/849/EU
Article 31 – paragraph 10

10. For the purposes of this Article, a trust ~~is considered to be administered in each Member State where the trustees are established.~~ , foundation or other legal entity with a similar structure and functions is considered to be administered, created or operating in each Member State in which it has been constituted in accordance with the legislation of the Member State, or in each Member State where it has a connection, in that, for example, the trustees, beneficial owners or other natural persons involved in management and control are established or reside, or where it possesses activities, real or moveable property, bank accounts, shares, voting rights or holdings.

Amendment 347 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h a (new)

Directive 2015/849/EU
Article 31 – paragraph 10 a (new)

(ha) the following paragraph 10a is added: "10a. Member States shall notify to the Commission the categories and characteristics of the legal arrangements that have been identified pursuant to the paragraph 1 within 12 months from the entry into the force of this Directive and upon expiry of that period the Commission should publish within 2 months in the Official Journal of the European Union the consolidated list of such legal arrangements. By 26 June 2020, the Commission shall submit a report to the European Parliament and to the Council assessing whether all legal arrangements which have a structure and function similar to trusts governed under the law of Member States were duly identified and made subject to the obligations as set out in this Directive. Where appropriate, the Commission shall take the necessary steps to act upon the findings of that report."

Amendment 348 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h a (new)

Directive 2015/849/EU
Article 31 – paragraph 10 a (new)

(ha) the following paragraph 10a is added: 10a. Member States will require trust deeds of any trust administered in their territory to obtain and maintain sufficient, exact and current information about the trust. This information shall include: – The trust deed. – All letter of wishes. – The name and address of the settlor – The name and addressee of all trustees and the name and addresses of all those on whose instructions they act. – The name of any enforcer and the instructions they hold. – The annual accounts of the trust. – Details of all trust distributions with the names and addresses of beneficiaries on record.

Amendment 349 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h a (new)

Directive 2015/849/EU
Article 31 – paragraph 10 a (new)

(ha) Paragraph 5 is amended as follows: 10a. Member States shall require that the information held in the central register referred to in paragraph 4 is adequate, accurate and current. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. They shall also foresee mechanisms for encouraging obliged entities to report inconsistencies between the information they have collected through their customer due diligence process and that held in the central register.

Amendment 350 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Hugues BAYET, Birgit SIPPEL, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a a (new)

Directive 2015/849/EU
Article 32 – paragraph 1

(-aa) paragraph 1 is replaced by the following: 1. Each Members State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. The FIU shall be a police authority or other law enforcement service or entity which, under national law, is responsible for preventing and combating criminal offences.

Amendment 351 #

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a

Directive 2015/849/EU
Article 32 – paragraph 3 – subparagraph 1 – fourth sentence

It shall be able to request, obtain and use additional information from any obliged entity;

Amendment 352 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)

Directive 2015/849/EU
Article 32 – paragraph 4

(aa) paragraph 4 is replaced by the following: 4. Members States shall ensure that their FIUs have timely and unrestricted access, directly or indirectly, in a timely manner, to ~~the~~, at least, the following financial, administrative and law enforcement information that they require to fulfil their tasks properly.: (a) financial and administrative information – information for bank accounts – information on the identification of assets – information on legal and beneficial ownership – information on the identity of the person (ID, address, etc.) (b) law enforcement information – criminal police proceedings (ongoing criminal investigations); – criminal records; – mutual legal assistance records; – Schengen Information System, border crossings, border controls; FIUs shall be able to respond to requests for information by competent authorities in their respective Member States when such requests for information are motivated by concerns relating to money laundering, associated predicate offences or terrorist financing. The decision on conducting the analysis or dissemination of information shall remain with the FIU.

Amendment 353 #

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)

Directive 2015/849/EU
Article 32 – paragraph 7

(aa) paragraph 7 is replaced by the following: "7. Member States shall ensure that the FIU is empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction that is proceeding, in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis automatically to the competent authorities. The FIU shall be empowered to take such action, directly or indirectly, at the request of an FIU from another Member State for the periods and under the conditions specified in the national law of the FIU receiving the request." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 354 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 1

1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC, financial instruments as defined in Directive 2014/65/EU and bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.

Amendment 355 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 1

1. Member States shall put in place ~~automated centralised~~ mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling ~~payment accounts as defined in Directive 2007/64/EC and~~ bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.

Amendment 356 #

Nils TORVALDS, Sylvie GOULARD, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849
Article 32 a – paragraph 1

Amendment 357 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 1

1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC ands well as bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.

Amendment 358 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 1

1. Member States shall put in place ~~automated centralised~~ mechanisms, such as ~~central~~ registries or ~~central~~ electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC and bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.

Amendment 359 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 2

2. Member States shall ensure that the information held in the ~~centralised~~ mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities for fulfilling their obligations under this Directive. Member States shall ensure that any FIU is able to provide information held in the ~~centralised~~ mechanisms referred to in paragraph 1 to any other FIUs in ~~a timely manner in~~ accordance with Article 53.

Amendment 360 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 3 – introductory part

3. The following information shall be accessible and searchable through the ~~centralised~~ mechanisms referred to in paragraph 1:

Amendment 361 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 3 – indent 3 a (new)

– for the safe deposit boxes: the name of the renter and the duration of the lease

Amendment 362 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 3 a (new)

3a. Member States shall prohibit their financial and credit institutions from keeping anonymous accounts, anonymous passbooks or anonymous safe deposit boxes. Member States shall, with no exceptions, require that the owners and beneficiaries of existing anonymous accounts, anonymous passbooks and anonymous safe deposit boxes be subject to customer due diligence measures as soon as possible and, in any event, before such accounts or passbooks are used in any way. Or. es (Article 1 paragraph 1)

Amendment 363 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 3 a (new)

3a. Those Member States which have not already done so shall establish national property registers and exchange the national data with competent authorities of other Member States. In order to facilitate the exchange of information the Commission shall develop, with FIUs, a standardised template for national competent authorities to use to submit the data.

Amendment 364 #

Nils TORVALDS, Sylvie GOULARD, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 3 a (new)

3a. By 26 June 2019, the Commission shall submit a report to the European Parliament and to the Council assessing the conditions and the technical specifications and procedures for ensuring safe and efficient interconnection of the central registries. Where appropriate, that report shall be accompanied by a legislative proposal.

Amendment 365 #

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2015/849/EU
Article 32 a – paragraph 3 a (new)

(3a) Member States may introduce exemptions from the obligations referred to in paragraphs 1-3 regarding passive bank accounts. For the purpose of this paragraph, 'passive bank account' means a bank account with a balance of no more than EUR 5000 to and from which no payments, excluding interest payments and other normal service fees charged by the service provider, has been made during the past 36 months.

Amendment 366 #

Enrico GASBARRA, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 32 b (new)

(12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. The automated centralised mechanisms shall be established and kept by a public authority or agency or by entities to which public powers have been delegated which offer guarantees of appropriate training, impartiality and neutrality and which are subject to control by the authorities of the relevant Member State, including in relation to security and the confidentiality of personal data. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1.

Amendment 367 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 32 b (new)

(12a) the following Article 32b is inserted: "Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons owning real estate within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, to FIUs and competent authorities including of other Member States. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other Member State's FIUs in a timely manner in accordance with Article 53. 3. Member States shall ensure that the automated centralised mechanism contains all necessary information to identify both the real estate and the legal owner of the real estate in question.

Amendment 368 #

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 32 b (new)

(12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land, buildings or any other physical assets valued at 10 000 Euros or above within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities, including tax authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs or competent authorities, including tax authorities, in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property or asset owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(a) or a unique identification number; – for the beneficial owner of the property or asset: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the property or asset: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land), valuation; – for the building: location, parcel number, building number, type, structure, floor area, valuation; – for any other asset referred to in paragraph 1: type, description, valuation.

Amendment 369 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 32 b (new)

(12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1 building on the European Land Information Service (EULIS).

Amendment 370 #

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 32 b (new)

(12a) The following article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling life insurance contracts or investment related services such as insurance contracts with premium refund held within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the contracting partner and any person purporting to act on behalf of the contracting partner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1) (a) or a unique identification number; – for the beneficial owner of the life insurance contract: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the life insurance contract: date of conclusion of contract and insured amount. 4. By 26 June 2019, the Commission shall submit a report to the European Parliament and to the Council assessing the conditions and the technical specifications and procedures for ensuring safe and efficient interconnection of the central registries. Where appropriate, that report shall be accompanied by a legislative proposal.

Amendment 371 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 33 – paragraph 1 – introductory part

(13a) in Article 33, paragraph 1 is replaced by the following: "1. Member States shall require obliged entities, and, where applicable, their directors ~~and employees, to cooperate fully by promptly: (eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)~~, employees and externally hired consultants and professionals to cooperate fully by promptly: Or. en

Amendment 372 #

Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)

Directive 2015/849/EU
Article 34 – paragraph 2

(13a) in Article 34, paragraph 2 is replaced by the following: "2. Member States shall not apply the obligations laid down in Article 33(1) to notaries, other independent legal professionals, auditors, external accountants and tax advisors only to the strict extent that such exemption relates to information they receive from, or obtain on, one of their clients, in the course of ascertaining the legal position of their client or performing their task of defending or representing that client in, or concerning, judicial proceedings, ~~including providing advice on instituting or avoiding such proceedings,~~ whether such information is received or obtained before, during or after such proceedings." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 373 #

Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)

Directive 2015/849/EU
Article 34 – paragraph 2 – subparagraph 1 a (new)

(13a) in article 34(2), the following subparagraph is added: The exemption shall not apply in the case of suspicions of tax evasion, tax avoidance and tax fraud.

Amendment 374 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)

Directive 2015/849/EU
Article 34 – paragraph 3 a (new)

(13a) in Article 34, the following paragraph is added: 3a. Self-regulatory bodies designated by Member States under paragraph 1 shall publish an annual report containing information about: (a) measures taken under Articles 58, 59 and 61; (b) number of reports of breaches received; (c) number of reports filed to the FIU; (d) number and description of measures carried out to verify compliance by obliged entities with their obligations under: i. Articles 10 to 24 (customer due diligence); ii. Articles 33, 34 and 35 (suspicious transaction reporting); iii. Article 40 (record-keeping); and iv. Articles 45 and 46 (internal controls).

Amendment 375 #

Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)

Directive 2015/849/EU
Article 37

(13b) Article 37 is replaced by the following: "Disclosure of information in good faith by an obliged entity or by an employee or director of such an obliged entity, FIUs or other relevant public bodies in accordance with Articles 33 and 34 shall not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not involve the obliged entity or its directors or employees in liability of any kind even in circumstances where they were not precisely aware of the underlying criminal activity and regardless of whether illegal activity actually occurred." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 376 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)

Directive 2015/849/EU
Article 38

(13a) Article 38 is replaced by the following: "Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally, externally or to the FIU, are protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions." , civil claims and criminal charges linked to such disclosure." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 377 #

Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)

Directive 2015/849/EU
Article 38

(13c) Article 38 is replaced by the following: "Member States shall ensure that individuals, including employees and representatives of the obliged entity, FIUs or other relevant public bodies who report suspicions of money laundering or terrorist financing internally or to the FIU, are protected from being exposed to threats or any hostile action, ~~and~~ in particular from any adverse or discriminatory employment action~~s."~~ . This protection shall also effectively comprise relatives or any other person with close links to the one that has reported the suspicion. Where there is reasonable ground to suspect that money laundering, associated predicate offences or terrorist financing, or an action with comparable risks for the public interest, have actually occurred and not been adequately dealt with by the obliged entity or the FIU, an individual, including employees and representatives of the obliged entity or employees of the FIU or other relevant bodies shall also be protected if these cases are exposed publicly. In such circumstances, protection shall entail reasonable financial support or compensation in addition to the elements listed in paragraph 1." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 378 #

Ana GOMES, Peter SIMON, Maria GRAPINI, Jeppe KOFOD, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)

Directive 2015/849/EU
Article 38

(13b) Article 38 is replaced by the following: Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats or hostile action, and in particular from adverse or discriminatory employment actions.

Amendment 379 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)

Directive 2015/849/EU
Article 38 – paragraph 1 a (new)

(13c) in Article 38, the following paragraph is added: 1a. Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are able to present a complaint in a safe manner to the respective competent authorities. Member States shall ensure that competent authorities have the legal duty to carry out an investigation and emit a decision. Judicial redress against the decision shall always be possible.

Amendment 380 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2015/849/EU
Article 39 – paragraph 3

(14) in Article 39, paragraph 3 is replaced by the following: ‘3. The prohibition laid down in paragraph 1 shall not prevent disclosure between the credit institutions and financial institutions from the Member States provided that they belong to the same group, or between these entities and their branches and majority owned subsidiaries established in third countries, provided that these branches and majority-owned subsidiaries fully comply with the group-wide policies and procedures, including procedures for sharing information within the group, in accordance with Article 42 and that the group-wide policies and procedures comply with the requirements set out in this Directive.’;deleted

Amendment 381 #

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2015/849/EU
Article 39 – paragraph 3

3. The prohibition laid down in paragraph 1 shall not prevent disclosure between the credit institutions and financial institutions from the Member States ~~provided that they belong to the same group~~on risk sensitive basis, or between these entities and their branches and majority owned subsidiaries established in third countries, provided that these branches and majority-owned subsidiaries fully comply with the group- wide policies and procedures, including procedures for sharing information within the group, in accordance with Article 42 and that the group-wide policies and procedures comply with the requirements set out in this Directive.;

Amendment 382 #

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a

Directive 2015/849/EU
Article 40 – paragraph 1 – point a

(a) in the case of customer due diligence, a copy of the documents and information which are necessary to comply with the customer due diligence requirements laid down in Chapter II, including, where available, information obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, for a period of five years after the end of the business relationship with their customer or after the date of an occasional transaction;

Amendment 383 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a

Directive 2015/849/EU
Article 40 – paragraph 1 – point b

(b) the supporting evidence and records of transactions, consisting of the original documents or copies admissible in judicial proceedings under the applicable national law, including, where available, information obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, which are necessary to identify transactions, for a period of five years after the end of a business relationship with their customer or after the date of an occasional transaction.;

Amendment 384 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)

Directive 2015/849/EU
Article 43

(15 a) Article 43 is replaced by the following: The processing of personal data on the basis of this Directive for the purposes of the prevention of money laundering and terrorist financing as referred to in Article 1 shall be considered to be a matter of public interest under ~~Directive 95/46/EC~~Regulation (EU) 2016/679.

Amendment 385 #

Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)

Directive 2015/849/EU
Article 44 – paragraph 2 – point d

(15a) in Article 44(2), point (d) is replaced by the following: "(d) data regarding the number of cross- border requests for information that were made, received, refused and partially or fully answered by the FIU." , broken down by counterpart country." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 386 #

Pirkko RUOHONEN-LERNER

Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)

Directive 2015/849/EU
Article 46 a (new)

(15a) the following Article 46a is inserted: Article 46a Member States should ensure that the ownership registries of listed securities also support the anti-money laundering efforts. In situations where Member States reform the ways they administer these ownership registries, they should investigate possibilities to introduce a model of direct, centralised and public ownership registry for listed securities either through national registry or a system where the list of owners would be available in the headquarters of each listed enterprise. In addition, particular attention should be paid to getting reliable information on ultimate beneficiaries in situations where listed securities are traded in chains involving one or more than one stock brokers.

Amendment 387 #

Proposal for a directive
Article 1 – paragraph 1 – point 16

Directive 2015/849/EU
Article 47 – paragraph 1

(16) in Article 47, paragraph 1 is replaced by the following: ‘1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices, and trust or company service providers are licensed or registered, and that providers of gambling services are regulated.’;deleted

Amendment 388 #

Proposal for a directive
Article 1 – paragraph 1 – point 16

Directive 2015/849/EU
Article 47 – paragraph 1

1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices, ~~and~~issuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments, trust or company service providers are licensed or registered, and that providers of gambling services are regulated.;

Amendment 389 #

Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)

Directive 2015/849/EU
Article 48 – paragraph 1

(16b) in Article 48, paragraph 1 is replaced by the following: In particular, Member States shall require the competent authorities to monitor effectively, a~~nd to take the measures necessary to ensure, compliance with this Directive~~ctivities of persons whom AML/CFT related tasks are delegated by obliged entities and self-regulatory bodies.

Amendment 390 #

Proposal for a directive
Article 1 – paragraph 1 – point 16 c (new)

Directive 2015/849/EU
Article 48 – paragraph 1 a (new)

(16c) in Article 48, the following paragraph 1a is inserted: 1a. Member States shall ensure that one competent authority operates as supervising AML/CFT authority, which shall be structurally independent. The supervising AML/CFT authority shall ensure supervision and coordination of anti-money laundering activities carried out by other competent authorities and law enforcement bodies to ensure that all obliged entities are subject to adequate supervision including inspections, preventions, monitoring and remedial actions. The supervising AML/CFT authority shall serve as a contact point for the supervising AML/CFT authorities of the other Member States, the Commission and the ESAs.

Amendment 391 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)

Directive 2015/849/EU
Article 48 – paragraph 2

(16a) in Article 48, paragraph 2 is replaced by the following: 2. Member States shall ensure that the competent authorities have adequate powers, including the power to compel the production of any information that is relevant to monitoring compliance and perform checks, and have adequate financial, human and technical resources to perform their functions. Member States shall ensure that staff of those authorities maintain high professional standards, including standards of confidentiality and data protection, that they are of high integrity and are appropriately skilled. Member States shall ensure that staff of those authorities have sufficient rules and mechanisms in place to prevent and sanction situations of conflict of interest.

Amendment 392 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)

Directive 2015/849/EU
Article 48 – paragraph 9

(16b) in Article 48, paragraph 9 is replaced by the following: 9. In the case of the obliged entities referred to in point (3)(a), (b), (ca) and (d) of Article 2(1), Member States may allow the functions referred to in paragraph 1 of this Article to be performed by self- regulatory bodies, provided that those self- regulatory bodies comply with paragraph 2 of this Article.

Amendment 393 #

Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)

Directive 2015/849/EU
Article 48 a (new)

(16a) the following Article 48a is inserted: "Article 48a 1. Commission experts shall carry out general and specific audits in the competent authorities of the Member States. The Commission may appoint experts from Member States to assist its own experts. General and specific audits shall be carried out on a regular basis. Their main purpose shall be to verify that competent authorities take action in accordance with the risk assessments and in compliance with this Directive. The Commission may, in advance of carrying out such audits, request that the Member States provide, as soon as possible, any relevant information. 2. Specific audits and inspections in one or more specific areas may supplement general audits. These specific audits and inspections shall in particular serve to: (a) verify the implementation of the recommendations on the measures suitable for addressing the risks identified in risk assessments and may include, as appropriate, on-the-spot inspections of competent authorities; (b) verify the functioning and organisation of competent authorities; (c) investigate important or recurring problems in the Member States; (d) investigate emergency situations, emerging problems or new developments in the Member States. 3. The Commission shall report on the findings of each audit carried out. Its report shall, if appropriate, contain recommendations for Member States to be included into the recommendations referred to in Article 7(5a). The Commission shall make its reports publicly available. The Commission shall provide the relevant competent authority with a draft report for comments, take those comments into consideration in preparing the final report and publish the competent authority's comments together with the final report. 4. The Commission shall establish an annual control programme, communicate it to Member States in advance, and report on its results. The Commission may amend the programme to take account of developments in the fields of AML/CFT. 5. Member States shall: (a) take appropriate follow-up action in the light of the recommendations resulting from the audits; (b) give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out the audits efficiently and effectively; (c) ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems, relevant to the execution of their duties. 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 64 in order to draw up detailed rules concerning the audits."

Amendment 394 #

Proposal for a directive
Article 1 – paragraph 1 – point 17

Directive 2015/849/EU
Article 49

Member States shall ensure that ~~policy makers, the~~ FIUs, supervisors and other competent authorities involved in AML/CFT, such as tax authorities, have effective mechanisms to enable them to cooperate and coordinate domestically concerning the development and implementation of policies and activities to combat money laundering and terrorist financing, including with a view to fulfilling their obligation under Article 7.

Amendment 395 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2015/849/EU
Article 50 a

(18) in Section 3 of Chapter VI, the following subsection IIa is added: "Subsection IIa Cooperation between competent authorities Article 50a Member States shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities. In particular Member States shall ensure that competent authorities do not refuse a request for assistance on the grounds that: (a) the request is also considered to involve tax matters; (b) national legislation requires obliged entities to maintain secrecy or confidentiality, except where the relevant information that is sought is held in circumstances where legal privilege or legal professional secrecy applies; (c) there is an inquiry, investigation or proceeding underway in the requested Member State, unless the assistance would impede that inquiry, investigation or proceeding; (d) the nature or status of the requesting counterpart authority is different from that of requested competent authority;deleted

Amendment 396 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2015/849/EU
Article 50 a – introductory part

Member States shall ~~not prohibit or place unreasonable or unduly restrictive conditions on~~ensure the exchange of information orand assistance between competent authorities. In particular Member States shall ensure that competent authorities do not refuse a request for assistance on the grounds that:

Amendment 397 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2015/849/EU
Article 50 a – subparagraph 1 a (new)

The obligation to ensure effective, comprehensive and timely exchange of information with counterpart authorities shall apply to all types of exchanges including automatic, spontaneous and on request.

Amendment 398 #

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2015/849/EU
Article 50 a – subparagraph 1a (new)

Member States shall establish a common cooperation framework for competent authorities responsible for supervising credit and financial institutions for compliance with their AML/CFT obligations.

Amendment 399 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)

Directive 2015/849/EU
Article 51

~~The Commission may lend such assistance as may be needed~~(18a) Article 51 is replaced by the following paragraph: The Commission shall set up a European Financial Intelligence Unit (EFIU) to facilitate coordination, including the exchange of information between FIUs within the Union. It may regularly convene meetings of the EU FIUs' Platform composed of representatives from Member States' FIUs, in order to facilitate cooperation among FIUs, exchange views and provide advice on implementation issues relevant for FIUs and reporting entities as well as on cooperation-related issues such as effective FIU cooperation, the identification of suspicious transactions with a cross-border dimension, the standardisation of reporting formats through the FIU.net or its successor, the joint analysis of cross-border cases, and the identification of trends and factors relevant to assessing the risks of money laundering and terrorist financing at national and supranational level. The EFIU shall coordinate, assist and support Member Sates FIUs in cross- border cases. The EFIU shall lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States FIUs for cross- border cases. The Commission shall provide the EFIU with adequate financial, human and technical resources in order to fulfil its tasks.

Amendment 400 #

Petr JEŽEK, Nils TORVALDS, Sylvie GOULARD, Louis MICHEL, Gérard DEPREZ, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)

Directive 2015/849/EU
Chapter VI – Section 3 – Subsection IV (new)

(18a) in Section 3 of Chapter VI, the following subsection IV is added: Subsection IV Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that would coordinate, assist and support Member Sates FIUs. This European FIU shall lend support national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own case analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIU shall automatically exchange information with this European FIU when investigating on a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs powers and obstacles to cooperation in order to design a well-balanced and tailor made system of cooperation.

Amendment 401 #

Petr JEŽEK, Nils TORVALDS, Sylvie GOULARD, Gérard DEPREZ, Louis MICHEL, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)

Directive 2015/849/EU
Article 51 b (new)

(18b) the following Article 51b is inserted: Article 51b 1. Member States shall ensure their FIU can cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that their FIU is able to make inquiries on behalf of foreign counterparts where this could be relevant to an analysis of financial transactions. At a minimum, inquiries should include: – Searching its own databases, which would include information related to suspicious transaction reports. – Searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information

Amendment 402 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)

Directive 2015/849/EU
Article 53 – paragraph 3

(ba) in Article 53, paragraph 3 is replaced by the following: 3. An FIU may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. When such exceptional circumstances are invoked, the requested FIU shall send a report to the Commission.

Amendment 403 #

Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b a (new)

Directive 2015/849/EU
Article 53 – paragraph 3 a (new)

(ba) the following paragraph is added: 3a. The FIU of each Member State shall quarterly publish summary statistics on its collaboration and the exchange of information with other FIUs. This should at least include the number of requests sent and received, whether those have been successfully followed-up and concluded, the type of information received or requested, the economic sector and nationality of the entity or individual concerned and the overall as well as average amounts of money included in requests, if applicable.

Amendment 404 #

Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b a (new)

Directive 2015/849/EU
Article 53 – paragraph 3 a (new)

~~(eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)~~(ba) the following paragraph is added: 3a. The commission shall draw up a report on barriers of any kind experienced by competent authorities regarding the exchange of information and assistance between authorities of different member states. This report shall be published every two years." Or. en

Amendment 405 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)

Directive 2015/849/EU
Article 54 – paragraph 1 a (new)

(19a) in Article 54, the following paragraph is added: 1a. Member States shall ensure that FIUs designate at least one official to be responsible for receiving requests for information or mutual legal assistance from homologous entities in other Member States and ensuring that those requests are treated in a timely manner.

Amendment 406 #

Hugues BAYET, Ana GOMES, Peter SIMON

Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)

Directive 2015/849/EU
Article 55 – paragraph 2 a (new)

(20a) the following paragraph 2 a is being inserted 2a. By 31 December 2017, the Commission shall submit a legislative proposal to the European Parliament and to the Council addressing the necessary and efficient coordination of the FIUs and to coordinate the fight against financial criminality at the EU level via a European FIU

Amendment 407 #

Proposal for a directive
Article 1 – paragraph 1 – point 21

Directive 2015/849/EU
Article 57

(21) Article 57 is replaced by the following: ‘Article 57 Differences between national law definitions of tax crimes shall not impede the ability of FIUs to provide assistance to another FIU and shall not limit the exchange, dissemination and the use of information pursuant to Articles 53, 54 and 55.’;deleted

Amendment 408 #

Proposal for a directive
Article 1 – paragraph 1 – point 21

Directive 2015/849/EU
Article 57

Differences between national law definitions of ~~tax crim~~predicate offences shall not impede the ability of FIUs to provide assistance to another FIU and shall not limit the exchange, dissemination and the use of information pursuant to Articles 53, 54 and 55.;

Amendment 409 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

(21a) in Section 3 of Chapter VI the following Subsection is inserted: Subsection IIIa Cooperation between competent authorities supervising credit and financial institutions and professional secrecy Article 57a 1. Member States shall provide that all persons working for or who have worked for competent authorities supervising credit and financial institutions for compliance with this Directive, as well as auditors or experts acting on behalf of competent authorities, shall be bound by the obligation of professional secrecy. No confidential information which they may receive in the course of their duties under this Directive may be divulged to any person or authority whatsoever, except in summary or collective form, such that individual obliged entities cannot be identified, without prejudice to cases covered by criminal law. 2. Paragraph 1 shall not prevent these competent authorities from transmitting or exchanging information with each other in accordance with this Directive or other Directives or Regulations relating to the supervision of credit and financial institutions. Transmitting or exchanging information shall be subject to the receiving authority being bound by national law to comply with conditions of professional secrecy as indicated in paragraph 1. 3. Competent authorities receiving confidential information according to paragraph 1, shall only use this information: – in the discharge of their duties under this Directive, including sanctioning ; – in the discharge of their duties under other Directives or Regulation, including sanctioning; – in an appeal against a decision of the competent authority, including court proceedings; – in court proceedings initiated pursuant to special provisions provided for in Union law adopted in the field of credit and financial institutions. 4. Member States shall ensure that competent authorities supervising credit and financial institutions cooperate with each other to the greatest extent possible, regardless of their respective nature or status. Such cooperation also includes the ability to conduct, within the powers of the requested competent authority, inquiries on behalf of a requesting competent authority, and the subsequent exchange of the information obtained through such inquiries. 5. Member States may conclude cooperation agreements providing for collaboration and exchanges of confidential information with the competent authorities that constitute counterparts of the competent authorities mentioned in paragraph 1. Such cooperation agreements shall be concluded on the basis of reciprocity and only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those referred to in paragraph 1. Confidential information exchanged according to these cooperation agreements shall be used for the purpose of performing the supervisory task of the authorities mentioned. Where the information originates in another Member State, it may not be disclosed without the express agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement. Article 57b 1. Notwithstanding Article 57a (1) and (3), Member States may authorise exchange of information, in the same Member State or in a different Member State, between the competent authorities and the following, in the discharge of their supervisory functions : – authorities entrusted with the public duty of supervising other financial sector entities and the authorities responsible for the supervision of financial markets; – bodies involved in the liquidation and bankruptcy of institutions and in other similar procedures; – persons responsible for carrying out statutory audits of the accounts of credit and financial institutions. The information received shall in any event be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a (1). 2. Notwithstanding Article 57a (1) and (3), Member States may, by virtue of provisions laid down in national law, authorise the disclosure of certain information to other departments of their central government administrations responsible for law on the supervision of credit and financial institutions, and to inspectors acting on behalf of those departments. However, such disclosures may be made only where necessary for the supervision of those institutions for compliance with this directive. Persons having access to the information shall be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a (1). 3. Member States shall authorise the disclosure of certain information relating to the supervision of credit institutions for compliance with this Directive to Parliamentary enquiry committees in their Member State, courts of auditors in their Member State and other entities in charge of enquiries in their Member State, under the following conditions: (a) that the entities have a precise mandate under national law to investigate or scrutinise the actions of authorities responsible for the supervision of these institutions or for laws on such supervision; (b) that the entities consider the information necessary for fulfilling the mandate referred to in point (a); (c) the persons with access to the information are subject to professional secrecy requirements under national law at least equivalent to those referred to in Article 57a (1); (d) where the information originates in another Member State, that it is not disclosed without the express agreement of the competent authorities which have disclosed it and, solely for the purposes for which those authorities gave their agreement. 4. This Subsection shall not prevent the competent authorities supervising credit and financial institutions for compliance with this Directive from transmitting confidential information, for the purposes of their tasks, to other authorities responsible for supervising credit and financial institutions according to other Directives or Regulations, including the European Central Bank acting according to Regulation 1024/2013.

Amendment 410 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

(21a) Subsection IIIa Cooperation between competent authorities supervising credit and financial institutions and professional secrecy Article 57a 1. Member States shall provide that all persons working for or who have worked for competent authorities supervising credit and financial institutions for compliance with this Directive, as well as auditors or experts acting on behalf of competent authorities, shall be bound by the obligation of professional secrecy. No confidential information which they may receive in the course of their duties under this Directive may be divulged to any person or authority whatsoever, except in summary or collective form, such that individual obliged entities cannot be identified, without prejudice to cases covered by criminal law. 2. Paragraph 1 shall not prevent these competent authorities from transmitting or exchanging information with each other in accordance with this Directive or other Directives or Regulations relating to the supervision of credit and financial institutions. That information shall be subject to the conditions of professional secrecy indicated in paragraph 1. 3. Competent authorities receiving confidential information according to paragraph 1, shall only use this information: – in the discharge of their duties under this Directive, including sanctioning ; – in the discharge of their duties under other Directives or Regulation, including sanctioning; – in an appeal against a decision of the competent authority, including court proceedings; – in court proceedings initiated pursuant to special provisions provided for in Union law adopted in the field of credit and financial institutions. 4. Member States shall ensure that competent authorities supervising credit and financial institutions cooperate with each other to the greatest extent possible, regardless of their respective nature or status. Such cooperation also includes the ability to conduct, within the powers of the requested competent authority, inquiries on behalf of a requesting competent authority, and the subsequent exchange of the information obtained through such inquiries. 5. Member States may conclude cooperation agreements providing for collaboration and exchanges of confidential information with the competent authorities that constitute counterparts of the competent authorities mentioned in paragraph 1. Such cooperation agreements shall be concluded on the basis of reciprocity and only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those referred to in paragraph 1. Confidential information exchanged according to these cooperation agreements shall be used for the purpose of performing the supervisory task of the authorities mentioned. Where the information originates in another Member State, it may not be disclosed without the express agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement. Article 57b 1. Notwithstanding Article 57a (1) and (3), Member States may authorise exchange of information, in the same Member State or in a different Member State, between the competent authorities and the following, in the discharge of their supervisory functions : – authorities entrusted with the public duty of supervising other financial sector entities and the authorities responsible for the supervision of financial markets; – bodies involved in the liquidation and bankruptcy of institutions and in other similar procedures; – persons responsible for carrying out statutory audits of the accounts of credit and financial institutions. The information received shall in any event be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a (1). 2. Notwithstanding Article 57a (1) and (3), Member States may, by virtue of provisions laid down in national law, authorise the disclosure of certain information to other departments of their central government administrations responsible for law on the supervision of credit and financial institutions, and to inspectors acting on behalf of those departments. However, such disclosures may be made only where necessary for the supervision of those institutions for compliance with this directive. Persons having access to the information shall be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a (1). 3. Member States may authorise the disclosure of certain information relating to the supervision of credit institutions for compliance with this Directive to Parliamentary enquiry committees in their Member State, courts of auditors in their Member State and other entities in charge of enquiries in their Member State, under the following conditions: (a) that the entities have a precise mandate under national law to investigate or scrutinise the actions of authorities responsible for the supervision of these institutions or for laws on such supervision; (b) that the information is strictly necessary for fulfilling the mandate referred to in point (a); (c) the persons with access to the information are subject to professional secrecy requirements under national law at least equivalent to those referred to in Article 57a (1); (d) where the information originates in another Member State, that it is not disclosed without the express agreement of the competent authorities which have disclosed it and, solely for the purposes for which those authorities gave their agreement. 4. This Subsection shall not prevent the competent authorities supervising credit and financial institutions for compliance with this Directive from transmitting confidential information, for the purposes of their tasks, to other authorities responsible for supervising credit and financial institutions according to other Directives or Regulations, including the European Central Bank acting according to Regulation 1024/2013.

Amendment 411 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

(21a) in Section 3 of Chapter VI, The following Subsection IIIa is inserted: Subsection IIIa Cooperation between competent authorities supervising credit and financial institutions and professional secrecy Article 57a Member States shall provide that all persons working for or who have worked for competent authorities supervising credit and financial institutions for compliance with this Directive and auditors or experts acting on behalf of such competent authorities shall be bound by the obligation of professional secrecy. Confidential information which they receive in the course of their duties under this Directive may be disclosed only in summary or aggregate form, such that individual credit and financial institutions cannot be identified, without prejudice to cases covered by criminal law and administrative sanctioning provisions. 2. Paragraph 1 shall not prevent the exchange of information between competent authorities supervising credit and financial institutions within a Member States or between competent authorities supervising credit and financial institutions in different Member States in accordance with this Directive or other directives or regulations relating to the supervision of credit and financial institutions. That information shall be subject to the conditions of professional secrecy indicated in paragraph 1. 3. Competent authorities supervising credit and financial institutions receiving confidential information as referred to in paragraph 1, shall only use this information: – in the discharge of their duties under this Directive or under other directives or regulations in the field of AML/CFT, prudential regulation and supervising credit and financial institutions, including sanctioning; – in an appeal against a decision of the competent authority supervising credit and financial institutions, including court proceedings; – in court proceeding initiated pursuant to special provisions provided for in Union law adopted in the field of this Directive or in the field of prudential regulations and supervision of credit and financial institutions. 4. Member States shall ensure that competent supervising authorities cooperate with each other for the purposes of this Directive to the greatest extent possible, regardless of their respective nature or status. Such cooperation also includes the ability to conduct, within the powers of the requested competent authority, inquiries on behalf of a requesting competent authority, and the subsequent exchange of the information obtained through such inquiries. 5. Member States shall authorize their national competent authorities supervising credit and financial institutions to conclude cooperation agreements providing for collaboration and exchanges of confidential information with the competent authorities of third countries that constitute counterparts of the national competent authorities supervising credit and financial institutions mentioned in paragraph 1. Such cooperation agreements shall be concluded on the basis of reciprocity and only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those referred to in paragraph 1. Confidential information exchanged according to these cooperation agreements shall be used for the purpose of performing the supervisory task of those authorities. Where the exchanged information originates in another Member State, it shall only be disclosed with the explicit agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement. Article 57b 1. Notwithstanding Article 57a (1) and (3), Member States may authorise exchange of information between competent authorities, in the same Member State or in a different Member State, between the competent authorities and authorities entrusted with the public duty of supervising financial sector entities and natural or legal persons acting in the exercise of their professional activities as referred to in Article 2(1)(3) of this Directive and the authorities responsible for the supervision of financial markets in the discharge of their respective supervisory functions. The information received shall in any event be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a (1). 2. Notwithstanding Article 57a (1) and (3), Member States may, by virtue of provisions laid down in national law, authorise the disclosure of certain information to other national authorities responsible for law on the supervision of the financial markets, or the investigation of money laundering, the associated predicate offences and terrorist financing. However, confidential information exchanged according to paragraph 2 shall only be used for the purpose of performing the legal tasks of the authorities mentioned. Persons having access to such information shall be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a (1). 3. This Subsection shall not prevent the competent authorities supervising credit and financial institutions for compliance with this Directive from transmitting confidential information, for the purposes of their tasks, to other authorities responsible for supervising credit and financial institutions according to other directives or regulations, including the European Central Bank acting according to Regulation 1024/2013.

Amendment 412 #

Petr JEŽEK, Sylvie GOULARD, Nils TORVALDS, Louis MICHEL, Gérard DEPREZ, Enrique CALVET CHAMBON

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

(21a) in Section 3 of Chapter VI, the following subsection is inserted : Subsection IIIa International Cooperation Article 57a 1. Member State should ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities, provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member state shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.

Amendment 413 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

Directive 2015/849/EU
Article 58 – paragraph 2 – subparagraph 2 a (new)

(21a) In Article 58(2), the following subparagraph is added: Member States shall ensure that, in cases of breaches which are subject to criminal sanctions, law enforcement authorities are properly informed about such breaches.

Amendment 414 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

Directive 2015/849/EU
Article 58 – paragraph 4 a (new)

(21a) In Article 58, the following paragraph is inserted: 4a. Member States shall ensure that competent authorities and self-regulatory bodies inform the Commission when national laws hamper their supervisory and investigatory powers that are necessary for the exercise of their functions.

Amendment 415 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)

Directive 2015/849/EU
Article 59 – paragraph 1 – introductory part

(21b) In Article 59, the introductory part of paragraph 1 is replaced by the following: "1. Member States shall ensure that this Article applies at least to breaches on the part of obliged entities ~~that are serious, repeated, systematic, or a combination thereof,~~ of the requirements laid down in:"

Amendment 416 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

Directive 2015/849/EU
Article 59 – paragraph 1 – point a a (new)

(21a) In paragraph 1 of Article 59, the following point is added: (aa) Articles 30 and 31 (transparency concerning beneficial ownership);

Amendment 417 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 c (new)

Directive 2015/849/EU
Article 59 – paragraph 2 – point c

~~"(c)~~(21c) in Article 59(2), point (c) is replaced by the following: "(c) for cases that are serious, repeated, systematic, or a combination thereof and where an obliged entity is subject to an authorisation, the withdrawal or suspension of the authorisation;"

Amendment 418 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)

Directive 2015/849/EU
Article 59 – paragraph 2 – point e

(~~e) maximum~~21b) In Article 59, paragraph 2(e) is replaced by the following: (e) administrative pecuniary sanctions of at least ~~twic~~whichever is the greater: triple the amount of the benefit derived from the breach ~~where that benefit can be determined or at least~~or EUR 12 000 000. ~~(http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)~~Or. it

Amendment 419 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 21 c (new)

Directive 2015/849/EU
Article 59 – paragraph 3

(21c) Article 59(3) is replaced by the following: ‘3. Member States shall ensure that, by way of derogation from paragraph 2(e), where the obliged entity concerned is a credit institution or financial institution, the following sanctions ~~can also b~~are applied: (a) in the case of a legal person, ~~maximum~~ administrative pecuniary sanctions of at least whichever is the greater: EUR 510 000 000 or 10 % of the total annual turnover according to the latest available accounts approved by the management body; where the obliged entity is a parent undertaking or a subsidiary of a parent undertaking which is required to prepare consolidated financial accounts in accordance with Article 22 of Directive 2013/34/EU, the relevant total annual turnover shall be the total annual turnover or the corresponding type of income in accordance with the relevant accounting Directives according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking; (b) in the case of a natural person, ~~maximum~~ administrative pecuniary sanctions of at least EUR 510 000 000, or in the Member States whose currency is not the euro, the corresponding value in the national currency on 25 June 2015.’ ~~(http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L0849&from=EN)~~Or. it

Amendment 420 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 d (new)

Directive 2015/849/EU
Article 59 – paragraph 3 – point b a (new)

(21d) in Article 59(3), the following point is inserted: '(ba) for cases that are serious, repeated, systematic, or a combination thereof the withdrawal of the authorisation to operate;'

Amendment 421 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Pervenche BERÈS, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO

Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)

Directive 2015/849/EU
Article 61 – paragraph 1

(21b) in Article 61, paragraph 1 is replaced by the following: 1. Member States shall ensure that competent authorities and self-regulatory bodies establish effective and reliable mechanisms to encourage the reporting to competent authorities and self-regulatory bodies of potential or actual breaches of the national provisions transposing this Directive.

Amendment 422 #

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 21 c (new)

Directive 2015/849/EU
Article 61 – paragraph 3 a (new)

(21c) in Article 61, the following paragraph 3a is added: 3a. Member States shall ensure that reporting to competent authorities and self-regulatory bodies receives proper and timely follow up and feedback.

Amendment 423 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)

Directive 2015/849/EU
Article 64 – paragraph 2

(21a) In Article 64, paragraph 2 is replaced by the following: "2. The power to adopt delegated acts referred to in Article 9 and Article 48a shall be conferred on the Commission for an indeterminate period of time from 25 June 2015." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 424 #

Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)

Directive 2015/849/EU
Article 64 – paragraph 5

(21b) In Article 64, paragraph 5 is replaced by the following: "5. A delegated act adopted pursuant to Article 9 and Article 48a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month 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 one month at the initiative of the European Parliament or of the Council." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32015L0849&from=EN)

Amendment 425 #

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2015/849/EU
Article 65 – paragraph 2

(22) in Article 65, the following second paragraph is added: ‘The report shall be accompanied, if necessary, by appropriate proposals, including, where appropriate, with respect to virtual currencies, empowerments to set-up and maintain a central database registering users' identities and wallet addresses accessible to FIUs, as well as self-declaration forms for the use of virtual currency users.’;deleted

Amendment 426 #

Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)

Directive 2015/849/EU
Article 65 – subparagraph 1 a

(22a) In article 65 the following subparagraph 1a is added: The report shall be accompanied, if necessary, by appropriate proposals, including, where appropriate, with respect to improving cooperation between Asset Recovery Offices of the Member States, cash payments, virtual currencies, empowerments to set-up and maintain a central database registering users' identities and wallet addresses accessible to FIUs, as well as self-declaration forms for the use of virtual currency users. By the end of 2017, the Commission shall draw up a report on the Member States' FIUs powers and obstacles to cooperation. This evaluation shall include the assessment of means to support joint analysis of cross-border cases and solutions to increase the level of financial intelligence within the EU. The report shall be accompanied, if necessary, by appropriate proposals to remedy the obstacles in cooperation regarding access to, exchange of and use of information. The report shall include an assessment of the need for: (a) operational guidance on the proper implementation of this Directive; (b) facilitation of information exchange on cross-border cases; (c) a dispute settlement mechanism; (d) support of joint strategic risk analysis at EU level; (e) joint analysis teams for cross- border cases; (f) obliged entities to report directly to FIU.net; (g) establishment of a European Financial Intelligence Unit to enhance cooperation and coordination among national FIUs; By 1 January 2019 the Commission shall draw up a report summarising the results of the assessment concerning the possibility to impose a limit to cash transfers at EU level;

Amendment 427 #

Proposal for a directive
Article 1 – paragraph 1 – point 23

Directive 2015/849/EU
Article 66 – paragraph 1

Directives 2005/60/EC and 2006/70/EC are repealed ~~with effect from 1 January 2017~~18 months after the adoption of the amendments to the Anti-Money Laundering Directive;

Amendment 428 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 1 – paragraph 1 – point 24

Directive 2015/849/EU
Article 67 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this ~~Directive by 1 January 2017~~18 months after its adoption. They shall immediately communicate the text of those measures to the Commission;

Amendment 429 #

Proposal for a directive
Article 1 – paragraph 1 – point 24 a (new)

Directive 2015/849/EU
Annex II

"ANNEX II The following is a non-exhaustive list of factors and types of evidence of potentially lower risk referred to in Article 14: (1) Customer risk factors: (a) public companies listed on a stock exchange and subject to disclosure requirements (either by stock exchange rules or through law or enforceable means), which impose requirements to ensure adequate transparency of beneficial ownership; (b) public administrations or enterprises; (c) customers resident in lower risk geographical areas as set out in paragraph (3). (2) delivery channel risk factors: (a) life insurance policies where the premium is low; (b) schemes if there is no early surrender option and the policy cannot be used as collateral; (c) similar scheme that provides retirement benefits to employees, where contributions are made by way of deduction from wages, and the scheme rules do not permit the assignment of a member's interest under the scheme; (d) provide appropriately defined and limited services to certain types of customers, so as to increase access for financial inclusion purposes; (e) laundering/terrorist financing are managed by other factors such as purse limits or transparency of ownership (e.g. certain types of electronic money as defined in Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions). (3) (a) (b) anti-money laundering/combating terrorist financing systems; (c) credible sources as having a low level of corruption or other criminal activity; (d) of credible sources such as mutual evaluations, detailed assessment reports or published follow-up reports, have requirements to combat money laundering and terrorist financing(24a) Annex II is deleted. Product, service, transaction or insurance policies for pension a pension, superannuation or financial products or services that products where the risk of money Geographical risk factors: EU Member States; third countries having effective third countries identified by third countries which, on the basis Or. en (http://eur-lex.europa.eu/legal- con~~sis~~tent ~~with the FATF Recommendations and effectively implement those requirements."~~ /EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)

Amendment 430 #

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2015/849/EU
Annex III – point 2 – point c

(c) non-face-to-face business relationships or transactions, without certain safeguards, such as electronic identification means or relevant trust services as defined in Regulation (EU) 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities;

Amendment 431 #

Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)

Directive 2015/849/EU
Annex III – point 2 – point c a (new)

(25a) in point (2) of Annex III, the following point (c a) is inserted: (ca) tax crimes relating to direct taxes and indirect taxes and as defined in the national law of the Member States;

Amendment 432 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

Directive 2009/101/EC
Article 1 a – paragraph 1 – point a

(a) corporate and other legal entities referred to in Article 30 of Directive 2015/849 of the European Parliament and of the Council*, including the types of companies referred to in Article 1 of this Directive~~, save for those which are non profit-making~~;

Amendment 433 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 2 – paragraph 1 – point 1

Directive 2009/101/EC
Article 1 a – paragraph 1 – point a

Amendment 434 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

Directive 2009/101/EC
Article 1 a – paragraph 1 – point a

Amendment 435 #

Fabio DE MASI, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS, Rina Ronja KARI

Proposal for a directive
Article 2 – paragraph 1 – point 1

Directive 2009/101/EC
Article 1 a – paragraph 1 – point b

(b) trusts which comprise any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit,, foundations and other types of legal arrangements having a structure or functions similar to such trusts.

Amendment 436 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

Directive 2009/101/EC
Article 1 a – paragraph 1 – point b

(b) trusts which comprise any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit, and other types of legal arrangements having a structure or functions similar to such trustsare covered by Article 31 of Directive 2015/849/EU.

Amendment 437 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

Directive 2009/101/EC
Article 7 – paragraph 1 – point a a (new)

(1a) in Article 7, the following point is inserted: (aa) failure to disclose accurately and completely beneficial ownership information as required by Article 7b; Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:258:0011:0019:EN:PDF)

Amendment 438 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

Directive 2009/101/EC
Article 7 – paragraph 1 – point b a (new)

(1a) in Article 7, the following point is added: (ba) failure to disclose beneficial ownership information as required by Article 7b.

Amendment 439 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)

Directive 2009/101/EC
Article 7 – paragraph 1 a (new)

(1b) in Article 7, the following paragraph is added: Member States shall ensure that where obligations apply to legal persons, penalties can be applied to the members of the management body or to any other individuals who under national law are responsible for the breach.

Amendment 440 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b

(2) in Chapter 2, the following Article 7b is inserted: ‘Article 7b Disclosure of beneficial ownership information 1. measures required to ensure compulsory disclosure by the entities referred to in Article 1a (a) and (b) of this Directive of adequate, accurate and current information on their beneficial ownership, in accordance with Articles 30 and 31 of Directive 2015/849. The information shall consist of the name, the month and year of birth, the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held. 2. ownership information as referred to in paragraph 1 shall be ensured through the central registers referred to in Article 30(3) and Article 31(3a) of Directive 2015/849. 3 the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referdeleted Member States shall take the The disclosure of beneficial Member States shall ensured to in Article 4a(2). 4. down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case-by-case basis. 5. owners referred to in paragraph 1 shall be disclosed for the purpose of enabling third parties and civil society at large to know who are the beneficial owners, thus contributing to prevent the misuse of legal entities and legal arrangements through enhanced public scrutiny. For this purpose the information shall be publicly available through the national registers and through the system of interconnection of registers for no longer than 10 years after the company has been struck off from the register.’hat In exceptional circumstances laid The personal data of beneficial

Amendment 441 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 1 – subparagraph 2

The information shall consist of at least the name, the ~~month and year~~date of birth, the nationality ~~and~~, the country of residence and contact details (without disclosure of a home address) of the beneficial owner as well as the nature and extent of the beneficial interest held.

Amendment 442 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

The information shall at least consist of the name, the ~~month and year~~date of birth, the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held.

Amendment 443 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 2

2. The disclosure of beneficial ownership information as referred to in paragraph 1 shall be ensured through the central registers referred to in Article 30(3) and Article 31(3a) of Directive 2015/849.deleted

Amendment 444 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 2

2. The disclosure of beneficial ownership information as referred to in paragraph 1 shall be ensured through the central registers referred to in Article 30(3) ~~and Article 31(3a)~~ of Directive 2015/849.

Amendment 445 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 3

Amendment 446 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 3

Amendment 447 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 3

3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in open format, within the meaning of Directive 2013/37/EU amending Directive 2003/98/EC on the re-use of public sector information. Access to the interconnection system and the registers of each Member State shall not be subject to online registration or other restrictions of any kind, including fees or charges to cover administrative costs.

Amendment 448 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 3

3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and made possible in machine- readable and open format as defined in Directive 2013/37/EU.

Amendment 449 #

Nils TORVALDS, Petr JEŽEK, Sylvie GOULARD, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 3

3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the administrative costs.

Amendment 450 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 3

Amendment 451 #

Fabio DE MASI, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Matt CARTHY, Miguel URBÁN CRESPO, Marisa MATIAS

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 4

4. In exceptional circumstances and under the conditions laid down in national law, where ~~the access to the information set out~~an in-depth and reasoned assessment shows that the access referred to in paragraph 1 would expose the beneficial owner to the risk of ~~fraud,~~ kidnapping, blackmail, violence or intimidation, oin particular wheren the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from the compulsory disclosure of all or part of the information on the beneficial ownership ~~on a case-by- case basis~~, for a limited time of no more than a year, on a case-by-case basis. In cases in which such exemption is granted, the identity of the guardian/administrator/person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public. The exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner.

Amendment 452 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 4

4. In exceptional circumstances and other specific terms laid down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from ~~the compulsory disclosure of~~such access to all or part of the information on the beneficial ownership on a case-by-case basis. Member States shall ensure that these exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register. It shall further be possible to challenge exemptions before the national authority that granted the exemption.

Amendment 453 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 4

4. In exceptional circumstances laid down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register and legal appeal against the exemption shall always be possible. Member States shall publish annual statistical data on the amount of exemptions granted and reasons stated and report the data to the Commission.

Amendment 454 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 4

4. In exceptional circumstances laid down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of ~~fraud,~~ kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case-by-case basis. Member States shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances, with the evaluation accessible to the Commission upon request. Exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse. Any exemption granted must be clearly indicated in the register.

Amendment 455 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 4 a (new)

4a. Any exemption must be duly justified in the register and reviewed on a regular basis in order to keep the information accurate.

Amendment 456 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 5

5. The personal data of beneficial owners referred to in paragraph 1 shall be disclosed for the purpose of enabling third parties and civil society at large to know who are the beneficial owners, thus contributing to prevent the misuse of legal entities and legal arrangements through enhanced public scrutiny. For this purpose the information shall be publicly available through the national registers and through the system of interconnection of registers for no longer than 10 years after the company has been struck off from the register.deleted

Amendment 457 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 5

(5) The personal data of beneficial owners referred to in paragraph 1 shall be disclosed for the purpose of enabling third parties and civil society at large to know who are the beneficial owners, thus contributing to prevent the misuse of legal entities and legal arrangements through enhanced public scrutiny. For this purpose the information shall be publicly available through the national registers and through the system of interconnection of registers for no longer than 10 years after the company has been struck off from the register. Furthermore, to avoid infringing fundamental rights, special measures must be put in place to protect the data.

Amendment 458 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

5. The personal data of beneficial owners referred to in paragraph 1 shall be disclosed for the purpose of enabling third parties and civil society at large to know who are the beneficial owners, thus contributing to prevent the misuse of legal entities ~~and legal arrangements~~ through enhanced public scrutiny. For this purpose the information shall be publicly available through the national registers and through the system of interconnection of registers for no longer than 10 years after the company has been struck off from the register.

Amendment 459 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2009/101/EC
Article 7 b – paragraph 5 a (new)

5a. Member States shall require the competent authorities and self-regulatory bodies to effectively monitor and to take the necessary measures with a view to ensuring compliance with the requirements of this Article. Member States shall ensure that the competent authorities have adequate powers, including the power to compel the production of any information that is relevant to monitoring compliance and perform checks, and have adequate financial, human and technical resources to perform their functions. Member States shall ensure that staff of those authorities and bodies maintain high professional standards, including standards of confidentiality and data protection, are of high integrity and appropriately skilled.

Amendment 460 #

Bernd LUCKE, Sander LOONES, Helga STEVENS, Pirkko RUOHONEN-LERNER

Proposal for a directive
Article 2 a (new)

Directive 2013/36/EU
Article 56 – paragraph 1 – point f a (new)

Article 2a Amendments to Directive 2013/36/EU In Article 56(1) of Directive 2013/36/EU, the following point is added: (fa) authorities responsible for supervising the obliged entities mentioned in article 2, paragraph 1, (1) and (2) of Directive 2015/849 for compliance with that Directive."

Amendment 461 #

Proposal for a directive
Article 2 a (new)

Directive 2013/36/EU
Article 56 – paragraph 1 – point f a (new)

Article 2a Amendments to Directive 2013/36/EU In Article 56(1) of Directive 2013/36/EU, the following point is added: "(fa) authorities responsible for supervising the obliged entities mentioned in article 2, paragraph 1, (1) and (2) of Directive 2015/849 for compliance with that Directive."

Amendment 462 #

Bernd LUCKE, Sander LOONES, Helga STEVENS, Pirkko RUOHONEN-LERNER

Proposal for a directive
Article 2 b (new)

Directive 2009/138/EC
Article 68 – paragraph 1 – point b – point iii a (new)

Article 2b Amendments to Directive 2009/138/EC In Article 68(1)(b) of Directive 2009/138/EC the following point is added: "(iiia) authorities responsible for supervising the obliged entities mentioned in article 2, paragraph 1, (1) and (2) of Directive 2015/849 for compliance with that Directive."

Amendment 463 #

Proposal for a directive
Article 2 b (new)

Directive 2009/138/EC
Article 68 – paragraph 1 – point b – point iii a (new)

Article 2b Amendments to Directive 2009/138/EC "In Article 68(1)(b) of Directive 2009/138/EC the following point is added: (iiia) authorities responsible for supervising the obliged entities mentioned in article 2, paragraph 1, (1) and (2) of Directive 2015/849 for compliance with that Directive."

Amendment 464 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive ~~by 1 January 2017 at the latest~~the latest 18 months after the adoption of the amendments to this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 465 #

Danuta Maria HÜBNER

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 20178 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 466 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 J~~anuary~~une 201720 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 467 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Amendment 50 #

Draft legislative resolution
Citation 2 a (new)

– having regard to Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of National Parliaments in the European Union,

Amendment 51 #

Draft legislative resolution
Citation 2 b (new)

– having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of Subsidiarity and Proportionality,

Amendment 52 #

Proposal for a directive
Recital 2

~~(2)~~ Recent terrorist attacks have ~~(2)~~ brought to light emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations. Certain modern technology services are becoming more and more popular as alternative financial systems and remain outside the scope of Union legislation or benefit from exemptions that may no longer be justified. In order to keep pace with evolving trends, further measures to improve the existing preventive framework should be taken. It is important to note that the measures taken must be proportionate to the risks.

Amendment 53 #

Proposal for a directive
Recital 2 a (new)

(2a) The United Nations (UN), Interpol and Europol have been reporting for years on the increasing convergence between organised crime and terrorism. Given the increased convergence between organised crime and terrorism, fighting against organised crime networks should be part of any strategy in the fight against the financing of terrorism. Illicit trade in firearms, drugs, cigarettes and counterfeit goods, trade in human beings, racketeering and extortion have become very lucrative ways for terrorist groups to obtain funding, generating around 110 billion euros every year (without trade in counterfeit goods). The nexus between terrorism and organised crime and the links between criminal and terrorist groups constitute an increased security threat to the Union.

Amendment 54 #

Proposal for a directive
Recital 2 b (new)

(2b) Also money laundering, illicit trade in goods, including but not limited to crude oil, narcotics, works of art, weapons and protected species, serious tax fraud and tax evasion of illegally acquired money are typically committed in respect of the financing of terrorist acts. Without prejudice to [the new anti- terrorism directive] Member States should take the necessary measures to criminalize these behaviours and to make sure that terrorists and terrorist organisations cannot benefit from profits resulting from those offenses.

Amendment 55 #

Proposal for a directive
Recital 5

(5) Union measures must also accurately reflect developments and commitments undertaken at international level. Therefore, UN Security Council Resolutions 21995 (20154) ~~urges States to~~on links between terrorism and transnational organised crime, 2199 (2015) on preventing terrorist groups from gaining access to international financial institutions and 2253 (2015) expanding Sanctions Framework to Include Islamic State in Iraq and Levant have to be taken into account.

Amendment 56 #

Proposal for a directive
Recital 5 a (new)

(5a) Money laundering activities are carried out by making large use of cash transactions. The spread and the use of on-line bank accounts and other similar payments systems has largely increased in recent years, implying that there is scope to consider adopting a limit to cash transfers at EU level, without imposing a strong burden on households and firms. The Commission shall assess the size of a maximum threshold of cash transfers to be adopted at EU level, leaving to Member States the choice to impose lower thresholds. The assessment has to be carried out within 2 years from the date of entry into force of this directive.

Amendment 57 #

Proposal for a directive
Recital 6

(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as custodian wallet providers for virtual currencies are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet providers. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.deleted

Amendment 58 #

Proposal for a directive
Recital 6

(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) ~~as well as~~, custodian wallet providers for virtual currencies, issuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms ~~and custodian wallet provider~~, custodian wallet providers, issuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.

Amendment 59 #

Proposal for a directive
Recital 6

(6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as custodian wallet providers for virtual currencies are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet providers, albeit without including in the directive virtual currencies from customer loyalty programmes, such as air miles. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.

Amendment 60 #

Proposal for a directive
Recital 7

(7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms and custodian wallet providers will not entirely address the issue of anonymity attached to virtual currency transactions, as a large part of the virtual currency environment will remain anonymous because users can also transact without exchange platforms or custodian wallet providers. To combat the risks related to the anonymity, national Financial Intelligence Units (FIUs) should be able to associate virtual currency addresses to the identity of the owner of virtual currencies. In addition, the possibility to allow users to self- declare to designated authorities on a voluntary basis should be further assessed.deleted

Amendment 61 #

Proposal for a directive
Recital 7

(7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms ~~and~~, custodian wallet providers ~~will not entirely address the issue of anonymity attached to virtual currency transactions, as a large part of the virtual currency environ~~, issuers, administrators, intermediaries and distributors of virtual currencies, the administrators and providers of systems for online payments will ~~remain anonymous because users can also transact without exchange platforms or custodian wallet providers. To combat the risks related to the anonymity,~~not entirely address the issue of anonymity attached to virtual currency transactions in itself. To combat the risks related to the anonymity, virtual currencies should not be anonymous and national Financial Intelligence Units (FIUs) should be able to associate virtual currency addresses to the identity of the owner of virtual currencies. ~~In addition, the possibility to allow users to self-declare to designated authorities on a voluntary basis should be further assessed.~~

Amendment 62 #

Monika HOHLMEIER

Proposal for a directive
Recital 9

(9) WFATF Recommendations have to be taken into account. Therefore, when dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to improve the effectiveness of the list of high-risk third countries established by the Commission by providing for a harmonised treatment of those countries at Union level. This harmonised approach should primarily focus on enhanced customer due diligence measures. Nevertheless, Member States and obliged entities should be allowed to apply additional mitigating measures in addition to enhanced customer due diligence measures, in accordance with international obligations. International organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing may call to apply appropriate counters measures to protect the international financial system from the on- going and substantial money laundering and terrorist financing risks emanating from countries. Member States should enact and apply additional mitigating measures regarding high risk third countries identified by the Commission by taking into account calls for countermeasures such as those expressed by the Financial Action Task Force (FATF).

Amendment 63 #

Proposal for a directive
Recital 9

(9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to improve the effectiveness of the list of high-risk third countries established by the Commission by providing for a harmonised treatment of those countries at Union level. This harmonised approach should primarily focus on enhanced customer due diligence measures. Nevertheless, Member States and obliged entities should be allowed to apply additional mitigating measures in addition to enhanced customer due diligence measures, in accordance with international obligations. International organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing may call to apply appropriate counters measures to protect the international financial system from the on- going and substantial money laundering and terrorist financing risks emanating from countries. Member States should enact and apply additional mitigating measures regarding high risk third countries identified by the Commission by taking into account calls for countermeasures such as those expressed by the Financial Action Task Force (FATF). Besides counters measures taken towards high- risk third countries, a comprehensive assessment of AML/CFT regime in place in EEA countries and third countries should constitute a necessary condition for granting passporting and equivalence for the access to the internal market. Access to the internal market might be generally limited, or limited with respect to certain sectors and obliged entities, when weaknesses in the AML/CFT regime are identified.

Amendment 64 #

Proposal for a directive
Recital 9

(9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries, including the possibility of suspending the activity of institutions that continue to maintain relations with high- risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to ~~improve the effectiveness of~~put into place the list of high-risk third countries established by the Commission by providing for a harmonised treatment of those countries at Union level. This harmonised approach should primarily focus on enhanced customer due diligence measures. Nevertheless, Member States and obliged entities should be allowed to apply additional mitigating measures in addition to enhanced customer due diligence measures, in accordance with international obligations. International organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing may call to apply appropriate counters measures to protect the international financial system from the on- going and substantial money laundering and terrorist financing risks emanating from countries. Member States should enact and apply additional mitigating measures regarding high risk third countries identified by the Commission by taking into account calls for countermeasures such as those expressed by the Financial Action Task Force (FATF).

Amendment 65 #

Proposal for a directive
Recital 9

(9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to improve the effectiveness of the list of high-risk third countries established by the Commission by providing for a harmonised treatment of those countries at Union level. This harmonised approach should primarily focus on enhanced customer due diligence measures. Nevertheless, Member States and obliged entities should be allowed to apply additional mitigating measures in addition to enhanced customer due diligence measures, in accordance with international obligations. International organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing may call to apply appropriate counters measures to protect the international financial system from the on- going and substantial money laundering and terrorist financing risks emanating from countries. Member States should enact and apply additional mitigating measures regarding high risk third countries identified by the Commission by taking into account calls for countermeasures such as those expressed by the Financial Action Task Force (FATF) and responsibilities resulting from international agreements.

Amendment 66 #

Proposal for a directive
Recital 10

(10) Given the evolving nature of ML/TF threats and vulnerabilities, the Union should adopt an integrated approach on the compliance of national AML/CFT regimes with the requirements at Union level, by taking into consideration an effectiveness assessment of those national regimes. For the purpose of monitoring the correct transposition of the Union requirements in the national regimes, their effective implementation and their capacity to accomplish a strong preventive regime in the field, the Commission should base its assessment on the national risk regimes, which shall be without be without prejudice to those conducted by international organisations and standards setters with competence in the field of preventing money laundering and combating terrorist financing, such as the FATF or Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL). There should be sufficient flexibility for the Member States in the transposition process of this Directive, especially if there is a connection with criminal law and investigation issues for which the Member States themselves are primarily responsible. Furthermore, differences between the FATF recommendations and EU legislation should be avoided with regard to the necessity of a global level playing field.

Amendment 67 #

Proposal for a directive
Recital 10

(10) Given the evolving nature of ML/TF threats and vulnerabilities, the Union should adopt an integrated approach on the compliance of national AML/CFT regimes with the requirements at Union level, by taking into consideration an effectiveness assessment of those national regimes. For the purpose of monitoring the correct transposition of the Union requirements in the national regimes, their effective implementation and their capacity to accomplish a strong preventive regime in the field, the Commission should base its assessment on the national risk regimes, which shall be without be without prejudice to those conducted by international organisations and standards setters with competence in the field of preventing money laundering and combating terrorist financing, such as the FATF or Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL). European organisations and standards setters with competence in the field of preventing money laundering and combating terrorist financing should work in close cooperation with Member States in order to establish a set of common indicators for assessing national risk regimes, as well as harmonized preventive measures.

Amendment 68 #

Proposal for a directive
Recital 10 a (new)

(10a) The criminalisation of terrorist financing, the provision of material support and assistance by supplying goods in the Directive on Combatting Terrorism should be taken in parallel to due diligence, monitoring and reporting requirements applicable to private economic actors who are engaged in trading in designated goods, whose trading is considered to be vulnerable to terrorist financing or that come from an area of operations of terrorist groups. Due diligence, monitoring and reporting requirements on private economic actors engaged in the trading in vulnerable goods would have a preventative effect by materially impairing the trading activities of organised criminal groups and terrorist groups as a source of terrorist financing. Reporting duties to competent bodies of the Member States and a coordinated cooperation between authorities at national and EU-level are suitable to generate additional knowledge to help tracking and prosecuting organised crime and other commercial activities of terrorist organisations more effectively.

Amendment 69 #

Pirkko RUOHONEN-LERNER

Proposal for a directive
Recital 10 a (new)

(10a) It is also possible to launder money in the trade of listed securities. Even though listed securities mostly fall outside the scope of this directive, it should be noted that the efficiency of fighting money laundering depends also on the tools that authorities have to find out the beneficial owners of listed securities. This should be taken into account especially when Member States reform the ownership registries of listed securities. The high level of transparency in the centralised, open registries of listed securities owners can be particularly useful in anti-money laundering efforts. These registries can be based either on a national, centralized registry system or a model where each listed company maintains a list of its owners, which stakeholders can access by request. Particular attention should be paid to know-your-customer policies in situations where the ownership of listed securities is mediated through one or more securities broker companies.

Amendment 70 #

Proposal for a directive
Recital 10 a (new)

(10a) The monitoring of the transposition of Union requirements in national regimes is not sufficient to ensure that national AML/CFT regimes are effective to tackle AML/CFT activities, since shortcomings often stem from the ineffective enforcement of the rules. In this respect, it is crucial for the internal market that the Commission and the ESAs have additional powers to evaluate the consistency of national AML/TF regimes with the EU framework monitoring implementation and enforcement of national rules. ESAs shall be assigned additional powers in the field of AML/CFT, including the powers to carry out onsite assessments in Member States competent authorities, compel the production of any information that is relevant to assessing compliance, issue recommendations for remedial action, make those recommendations public and take measures that are necessary to ensure that their recommendations are effectively implemented;

Amendment 71 #

Proposal for a directive
Recital 10 b (new)

(10b) ESAs should be assigned additional powers in the field of AML/CFT, including the powers to carry out onsite assessments in Member States competent authorities, compel the production of any information that is relevant to assessing compliance, issue recommendations for remedial action, make those recommendations public and take measures that are necessary to ensure that their recommendations are effectively implemented.

Amendment 72 #

Proposal for a directive
Recital 11

(11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and suppress the customer due diligence exemption for their online use.deleted

Amendment 73 #

Proposal for a directive
Recital 11

(11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist ~~this~~s, terrorist organizations, terrorism sponsors and other intermediaries and facilitators these means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and suppress the customer due diligence exemption for their online use.

Amendment 74 #

Proposal for a directive
Recital 11

(11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and ~~suppress~~eliminate the customer due diligence exemption for their online use.

Amendment 75 #

Proposal for a directive
Recital 13

(13) FIUs play an important role in identifying the financial operations of terrorist networks, especially across borders, and in detecting their financial backers. ~~Due to a lack of prescriptive international standards, FIUs maintain significant differences as regards their functions, competences and powers. Those~~Financial investigations may be fundamental in uncovering the facilitation of terrorist offences and the networks and schemes of terrorist organisations. Due to a lack of prescriptive international standards, FIUs maintain significant differences as regards their functions, competences and powers. Member States should endeavour to ensure a more efficient and coordinated approach to deal with financial investigations, including those related to the misuse of virtual currencies, into terrorism. The current differences should however not affect an FIU's activity, particularly its capacity to develop preventive analyses in support of all the authorities in charge of intelligence, investigative and judicial activities, and international cooperation. FIUs should have access to information and be able to exchange it without impediments, including through appropriate cooperation with law enforcement authorities. In all cases of suspected criminality and, in particular, in cases involving terrorism financing, information should flow directly and quickly without undue delays. It is therefore essential to further enhance FIUs' effectiveness and efficiency, by clarifying the powers of and cooperation between FIUs.

Amendment 76 #

Proposal for a directive
Recital 13 a (new)

(13a) In order to overcome the current cooperation difficulties which exist between national FIUs, a European FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases. It would also be particularly suited to an integrated EU financial market and effective in combatting money laundering and terrorist financing in the internal market. The Member States FIU would still be primarily responsible for receiving suspicious transection reports, analysing them and disseminate them to the national competent authority. The EU FIU would lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases.

Amendment 77 #

Petr JEŽEK, Nils TORVALDS, Sylvie GOULARD, Louis MICHEL, Gérard DEPREZ, Lieve WIERINCK, Enrique CALVET CHAMBON

Proposal for a directive
Recital 13 a (new)

(13a) The creation of a an European FIU assisting and supporting Member States’ FIU in their tasks would be an efficient and cost effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.

Amendment 78 #

Monika HOHLMEIER

Proposal for a directive
Recital 14

(14) FIUs should be able to obtain from any obliged entity all the necessary information relating to their functions. Unfettered access to information is essential to ensure that flows of money can be properly traced and illicit networks and flows detected at an early stage. When FIUs need to obtain additional information from obliged entities based on a suspicion of money laundering, such suspicion may be triggered by a prior suspicious transaction report reported to the FIU, but also through other means such as FIU's own analysis, intelligence provided by competent authorities or information held by another FIU. FIUs should therefore be able to obtain information from any obliged entity, even without a prior report being made by the individual obliged entity. A FIU should also be able to obtain such information on a request made by another Union FIU and to exchange the information with the requesting FIU. When starting investigations which require additional information, FIUs should take a risk-based approach and as a priority concentrate as much as possible on those cases which constitute a substantial risk for being linked with terrorism or serious crime.

Amendment 79 #

Proposal for a directive
Recital 14 a (new)

(14a) Competent authorities supervising credit and financial institutions for compliance with this Directive should be able to cooperate and exchange confidential information, regardless of their respective nature or status. To this end, such competent authorities should have an adequate legal basis for exchanging confidential information and cooperate to the widest extent possible, consistent with the applicable international standards in this field.

Amendment 80 #

Proposal for a directive
Recital 14 b (new)

(14b) Information of a prudential nature relating to credit and financial institutions, such as information relating to fit and properness of directors and shareholders, the internal control mechanisms, the governance or the compliance and risk management, is often indispensable for an adequate AML/CFT supervision of such institutions. Vice- versa, AML/CFT information is also important for the prudential supervision of these institutions. Therefore, exchange of confidential information and collaboration between AML/CFT competent authorities of credit and financial institutions and prudential supervisors should not be hampered unintentionally by legal uncertainty which may stem from a lack of explicit provisions in this field. Such clarification of the legal framework is even more important since prudential supervision has, in a number of cases, been entrusted to non-AML/CFT supervisors, such as the European Central Bank.

Amendment 81 #

Proposal for a directive
Recital 15

Amendment 82 #

Proposal for a directive
Recital 15 a (new)

(15a) Information on holding and control of immovable property such as buildings and land are not available in all Member States as well as no consolidated data exist on life insurance beneficiaries. Money Laundering activities are carried out also by relying on real estate transactions and through life insurance products. The establishment of central automated mechanisms, such as a register or a data retrieval system, in all Member States is essential to track this information and to support the investigation phase. Member States authorities need to have timely access to this data in order to proceed with cross- border checks and inquiries.

Amendment 83 #

Proposal for a directive
Recital 15 a (new)

(15a) In view of the constant technological changes that make money laundering and the funding of terrorism possible, it is proposed that a European monitoring, coordination and technological intelligence instrument be created, to assist the various FIUs in their work.

Amendment 84 #

Proposal for a directive
Recital 16

(16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed for the stated purpose. ~~Access to the registries and databases should be limited on a need to know basis.~~

Amendment 85 #

Cătălin Sorin IVAN

Proposal for a directive
Recital 17

(17) Accurate identification and verification of data of natural and legal persons is essential for fighting money laundering or terrorist financing. Latest technical developments in the digitalisation of transactions and payments enable a secure remote or electronic identification~~. T~~, those means of identification as set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council27 and any other remote identification means based on new technologies presenting an adequate level of security equivalent to the substantial assurance level of e-IDAS, should be taken into account, in particular with regard to notified electronic identification schemes and means that offer high level secure tools and provide a benchmark against which assessing the identification methods set up at national level may be checked. Therefore, it is essential to recognise secure electronic copies of original documents as well as electronic assertions, attestations or credentials as valid means of identity. __________________ 27 Regulation (EU) No 910/2014 of the European Parliament and the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

Amendment 86 #

Proposal for a directive
Recital 17

(17) Accurate identification and verification of data of natural and legal persons is essential for fighting money laundering or terrorist financing. Latest technical developments in the digitalisation of transactions and payments enable a secure remote or electronic identification. Those means of identification as set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council27 or alternative remote identification techniques subject to the approval of the competent authorities, should be taken into account, in particular with regard to notified electronic identification schemes and means that offer high level secure tools and provide a benchmark against which assessing the identification methods set up at national level may be checked. Therefore, it is essential to recognise secure electronic copies of original documents as well as electronic assertions, attestations or credentials as valid means of identity. The principle of technology neutrality should be taken into account in the application of this Directive. __________________ 27 Regulation (EU) No 910/2014 of the European Parliament and the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

Amendment 87 #

Proposal for a directive
Recital 21

(21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts and similar legal arrangements are not monitored or registered anywhere in the Union~~, a~~. All trusts and similar legal arrangements ~~should be registered where they are administered~~including inter alia Treuhand, Stiftung, Privatstiftung, Usufruct Fiducia, or Fideicomiso, which operate in the Union should be registered in an EU Member State and be obliged to disclose beneficial ownership information to competent and law enforcement authorities in all other Member States. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts and similar legal arrangements, cooperation among Member States is ~~also~~ necessary.

Amendment 88 #

Proposal for a directive
Recital 21

(21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts and similar legal arrangements are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered in the Member State where they are administered. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts and similar legal arrangements, cooperation among Member States is also necessary.

Amendment 89 #

Proposal for a directive
Recital 21

Amendment 90 #

Proposal for a directive
Recital 21

Amendment 91 #

Proposal for a directive
Recital 21

Amendment 92 #

Proposal for a directive
Recital 21 a (new)

(21a) Criminals move illicit proceeds through numerous financial intermediaries to avoid detection, therefore it is important to allow financial and credit institutions to exchange information not only between group members, but also other financial and credit institutions, provided that data protection is ensured.

Amendment 93 #

Proposal for a directive
Recital 22

(22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. However, public access to beneficial ownership information, alone, is not sufficient in order to prevent money laundering and the flow of illicit assets through complex financial structures. A further step is necessary, in the form of EU-wide legislation on whistle-blower protection. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. The fact that not all Member States would make information publicly available or differences in the information made available and its accessibility may lead to different levels of protection of third parties in the Union. In a well- functioning internal market, there is a need for coordination to avoid distortions.

Amendment 94 #

Proposal for a directive
Recital 22

Amendment 95 #

Proposal for a directive
Recital 22

(22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. The fact that not all Member States would make information publicly available or differences in the information made available and its accessibility may lead to different levelCertain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. This may enhance public scrutiny, but may also give rise to innocent citizens being unjustly publicly associated with wrongdoing and causing irreparable damage to their reputation and business interest. Therefore, access to beneficial ownership information should only be granted to competent authorities ofr p~~rotection of third parties in the Union. In a well- functioning internal market, there is a~~ ersons with a legitimate interest who can guarantee a high level of data protection, while any further access should be determineed ~~for coordination to avoid distortion~~by Member States.

Amendment 96 #

Proposal for a directive
Recital 23

(23) Public access also allows greater scrutiny of information by civil society, including by the press or civil society organisations, and contributes to preserving trust in the integrity of business transactions and of the financial system. It can contribute to combating the misuse of legal entities and legal arrangements both by helping investigations and through reputational effects, given that anyone who could enter into transactions with them is aware of the identity of the beneficial owners. It also facilitates the timely and efficient availability of information for financial institutions as well as authorities, including authorities of third countries, involved in the fight against these offences. A proportionate approach should be taken when it comes to access to small family- oriented trusts that hold low-risk assets, thus recognising an individual's right to privacy and emphasising the Union's respect for fundamental rights in accordance with Article 6 of the Treaty of the European Union.

Amendment 97 #

Proposal for a directive
Recital 23

(23) ~~Public access also~~Access granted on behalf of legitimate interests allows greater scrutiny of information by civil society, including by the press or civil society organiszations, and contributes to preserving trust in the integrity of business transactions and of the financial system. It can contribute to combating the misuse of legal entities and legal arrangements both by helping investigations and through reputational effects, given that anyone who could enter into transactions with them is aware of the identity of the beneficial owners. It also facilitates the timely and efficient availability of information for financial institutions as well as authorities, including authorities of third countries, involved in the fight against these offenc. On the other hand, proper protection of privacy precludes or limits opportunities for abuse of vulnerable persons and misuse of private information for commercial purposes.

Amendment 98 #

Proposal for a directive
Recital 26

(26) A fair balance should be sought in particular between the general public interest in ~~corporate~~ transparency, law enforcement demands and in the prevention of money laundering and the data subjects' fundamental rights. The set of data to be made available to the public should be limited, clearly and exhaustively defined, and should be of a general nature, so as to minimize the potential prejudice to the beneficial owners. At the same time, informationan individual´s right to self-determine data release. The set of data to be made accessible ton the public should not significantly differ from the data currently collected. In order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular, that that information should relate essentially to the status of beneficial owners of businesses and trustsbasis of legitimate interest should be comprehensive, clearly and exhaustively defined, and should strictly concern the sphere of economic activity in which the beneficial owners operate.

Amendment 99 #