Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt the delegated acts referred to in Article 10 shall be conferred on the Commission for an indeterminate period of time from 9 July 2024.
3. The delegation of power referred to in Article 10 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 10 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 3 months of notification of that act to the European Parliament and to 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 3 months at the initiative of the European Parliament or of the Council.
Committee procedure
1. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing established by Article 34 of Regulation (EU) 2023/1113. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Transitional management of FIU.net
By 10 July 2027, the Commission shall transfer to AMLA the management of FIU.net.
Until such transfer is completed, the Commission shall provide the necessary assistance for the operation of FIU.net and the exchange of information between FIUs within the Union. To this end, the Commission shall regularly convene meetings of the EU FIU’s Platform composed of representatives from Member States’ FIUs in order to oversee the functioning of FIU.net.
Amendments to Directive (EU) 2015/849
Directive (EU) 2015/849 is amended as follows:
(1)
in Article 30(5), the first and second subparagraphs are replaced by the following:
‘5. Member States shall ensure that the information on the beneficial ownership is accessible in all cases to:
(a)
competent authorities and FIUs, without any restriction;
(b)
obliged entities, within the framework of customer due diligence in accordance with Chapter II;
(c)
any person or organisation that can demonstrate a legitimate interest.
The persons or organisations referred to in point (c) of the first subparagraph shall be permitted to access at least the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest held.’
;
(2)
in Article 31(4), the first and second subparagraphs are replaced by the following:
‘4. Member States shall ensure that the information on the beneficial ownership of a trust or a similar legal arrangement is accessible in all cases to:
(a)
competent authorities and FIUs, without any restriction;
(b)
obliged entities, within the framework of customer due diligence in accordance with Chapter II;
(c)
any natural or legal person that can demonstrate a legitimate interest to access beneficial ownership information.
The information accessible to natural or legal persons referred to in point (c) of the first subparagraph shall consist of the name, the month and year of birth and the country of residence and nationality of the beneficial owner, as well as nature and extent of beneficial interest held.’.
Amendment to Directive (EU) 2019/1937
In Directive (EU) 2019/1937, the Annex, Part II, Section A, point 2, the following point is added:
‘(iii)
Regulation (EU) 2024/1624 of the European Parliament and of the Council of 31 May 2024 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing ( OJ L, 2024/1624, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1624/oj ).’.
Review
By 10 July 2032, and every 3 years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive.
Repeal
Directive (EU) 2015/849 is repealed with effect from 10 July 2027.
References to the repealed Directive shall be construed as references to this Directive and to Regulation (EU) 2024/1624 and shall be read in accordance with the correlation table in the Annex to this Directive.
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 July 2027. They shall immediately inform the Commission thereof.
By way of derogation from the first subparagraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 74 by 10 July 2025, with Articles 11, 12, 13 and 15 by 10 July 2026 and with Article18 by 10 July 2029. They shall immediately inform the Commission thereof.
When Member States adopt the measures referred to in this paragraph, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Addressees
This Directive is addressed to the Member States.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
