On the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2019/1153 of the European Parliament and of the Council, as regards access of competent authorities to centralised bank account registries through the single access point
ECON-AD-700736
Committee on Economic and Monetary Affairs · Rapporteur: Inese Vaidere
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The Committee on Economic and Monetary Affairs gives its opinion on the proposed directive amending Directive (EU) 2019/1153 on access of competent authorities to centralised bank account registries through the single access point.¶¶ It proposes three amendments: a new recital on Financial Intelligence Units (FIUs) exchanging financial information, a revised statement of the directive's purpose, and deletion of Article 9 on exchange of information between FIUs.¶¶¶ The committee argues that Article 9 of Directive (EU) 2019/1153 creates legal uncertainty and that Article 53 of the Anti-money Laundering Directive should be the sole legal basis for FIU information exchange.¶¶
Committee position. The committee proposes three amendments to the Commission proposal: a new recital on FIU information exchange, a revised Article 1(1) on the directive's purpose, and deletion of Article 9 on FIU information exchange.¶¶¶
Key points
- A new recital states that Financial Intelligence Units (FIUs) should endeavour to exchange financial information or analysis to prevent and combat money laundering, associated predicate offences and terrorist financing.¶
- Article 1(1) of Directive (EU) 2019/1153 is replaced to state that the directive facilitates access to and use of financial and bank account information by competent authorities for serious criminal offences.¶
- The revised Article 1(1) also states that the directive facilitates access to law enforcement information by FIUs for money laundering, associated predicate offences and terrorist financing.
- The committee says cooperation between FIUs should be carried out under the legal basis provided by the Anti-money Laundering Directive.¶
- Article 9 of Directive (EU) 2019/1153, which allows FIUs to exchange financial information in exceptional and urgent cases, is deleted.¶
- The committee finds that Article 53 of the Anti-money Laundering Directive provides a broad legal basis for FIU information exchange on money laundering and predicate offences, including terrorism.¶
- It says Article 9 of Directive (EU) 2019/1153 introduced an inconsistency on the legal basis for FIU information exchange and should be deleted to avoid legal uncertainty.
- It states that Article 53 of the Anti-money Laundering Directive, and its replacing Article 24 of the Commission proposal for a sixth Anti-money Laundering Directive, should be the sole legal basis for FIU information exchange.
Who is affected
- Financial Intelligence Units (FIUs) in member states: their exchange of financial information would rest on the Anti-money Laundering Directive, not Article 9.¶¶¶
- Competent authorities: they would access and use financial and bank account information for serious criminal offences under the revised purpose.¶