Amendments to Directive (EU) 2015/849
Article 3
Directive (EU) 2015/849 is amended as follows: (1) Article 6 is amended as follows: (a) paragraph 3 is replaced by the following: ‘3. The Commission shall make the report referred to in paragraph 1 available to Member States and obliged entities in order to assist them in identifying, understanding, managing and mitigating the risks of money laundering and terrorist financing, and to allow other stakeholders, including national legislators, the European Parliament, the European Supervisory Authority (European Banking Authority) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council ( *2 ) (EBA), and representatives from EU Financial Intelligence Units (FIUs), to better understand those risks. The report shall be made public at the latest six months after having been made available to Member States, except for those elements of the report which contain classified information. ( *2 ) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC ( OJ L 331, 15.12.2010, p. 12 ).’;" (b) in paragraph 5, the second sentence is replaced by the following: ‘Thereafter, EBA shall issue an opinion every two years.’; (2) Article 7 is amended as follows: (a) in paragraph 2, the second sentence is replaced by the following: ‘The identity of that authority or the description of the mechanism shall be notified to the Commission, to EBA, and to the other Member States.’; (b) in paragraph 5, the first sentence is replaced by the following: ‘5. Member States shall make the results of their risk assessments, including their updates, available to the Commission, to EBA and to the other Member States.’; (3) in Article 17, the first sentence is replaced by the following: ‘By 26 June 2017, the ESAs shall issue guidelines, addressed to competent authorities and to the credit institutions and financial institutions, in accordance with Article 16 of Regulation (EU) No 1093/2010 on the risk factors to be taken into consideration and the measures to be taken in situations where simplified customer due diligence measures are appropriate. From 1 January 2020, EBA shall, where appropriate, issue such guidelines.’; (4) in Article 18(4), the first sentence is replaced by the following: ‘4. By 26 June 2017, the ESAs shall issue guidelines, addressed to competent authorities and the credit institutions and financial institutions, in accordance with Article 16 of Regulation (EU) No 1093/2010 on the risk factors to be taken into consideration and the measures to be taken in situations where enhanced customer due diligence measures are appropriate. From 1 January 2020, EBA shall, where appropriate, issue such guidelines.’; (5) in Article 41, paragraph 1 is replaced by the following: ‘1. The processing of personal data under this Directive is subject to Regulations (EU) 2016/679 ( *3 ) and (EU) 2018/1725 ( *4 ) of the European Parliament and of the Council. ( *3 ) Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 )." ( *4 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39 ).’;" (6) Article 45 is amended as follows: (a) paragraph 4 is replaced by the following: ‘4. The Member States and EBA shall inform each other of instances in which the law of a third country does not permit the implementation of the policies and procedures required under paragraph 1. In such cases, coordinated actions may be taken to pursue a solution. In assessing which third countries do not permit the implementation of the policies and procedures required under paragraph 1, Member States and EBA shall take into account any legal constraints that may hinder the proper implementation of those policies and procedures, including secrecy, data protection and other constraints limiting the exchange of information that may be relevant for that purpose.’; (b) paragraph 6 is replaced by the following: ‘6. EBA shall develop draft regulatory technical standards specifying the type of additional measures referred to in paragraph 5 and the minimum action to be taken by credit institutions and financial institutions where a third country’s law does not permit the implementation of the measures required under paragraphs 1 and 3. EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 26 December 2016.’; (c) paragraph 10 is replaced by the following: ‘10. EBA shall develop draft regulatory technical standards on the criteria for determining the circumstances in which the appointment of a central contact point pursuant to paragraph 9 is appropriate, and what the functions of the central contact points should be. EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 26 June 2017.’; (7) Article 48 is amended as follows: (a) in paragraph 1a, second subparagraph, the third sentence is replaced by the following: ‘The financial supervisory authorities of the Member States shall also serve as a contact point for EBA.’; (b) in paragraph 10, the first sentence is replaced by the following: ‘10. By 26 June 2017, the ESAs shall issue guidelines, addressed to competent authorities, in accordance with Article 16 of Regulation (EU) No 1093/2010, on the characteristics of a risk-based approach to supervision and the steps to be taken when conducting supervision on a risk-based basis. From 1 January 2020, EBA shall, where appropriate, issue such guidelines.’; (8) in Chapter VI, Section 3, Subsection II, the title is replaced by the following: ‘ Cooperation with EBA ’; (9) Article 50 is replaced by the following: ‘Article 50 The competent authorities shall provide EBA with all the information necessary to allow it to carry out its duties under this Directive.’; (10) Article 62 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Member States shall ensure that their competent authorities inform EBA of all administrative sanctions and measures imposed in accordance with Articles 58 and 59 on credit institutions and financial institutions, including of any appeal in relation thereto and the outcome thereof.’; (b) paragraph 3 is replaced by the following: ‘3. EBA shall maintain a website with links to each competent authority’s publication of administrative sanctions and measures imposed in accordance with Article 60 on credit institutions and financial institutions, and shall show the time period for which each Member State publishes administrative sanctions and measures.’.