Changes from plenary report to adopted text

Removed(a) be able to participate in joint analyses as an integral part of their tasks, as well as in other activities undertaken by the Authority pursuant to its mandate;

Removed(b) provide the Authority with the relevant data and information required to fulfil its tasks, as well as to implement the Authority´s indications in accordance with this Regulation and other applicable Union law.

RemovedAll information obtained through participation in the activities of the Authority shall be covered by the strictest obligations of confidentiality.

Removed3. The Authority shall promote cooperation between FIUs by means of guidelines and recommendations pursuant to Article 43, or practical arrangements, where appropriate.

RemovedAn FIU may inform the Authority in the case of a disagreement with another FIU. In that case, the Authority shall act as a mediator.

RemovedCooperation within the FIUs Support and Coordination Mechanism

Removed1. The Authority shall support FIUs in relation to the following tasks:

Removed(a) to support, coordinate and, where necessary, direct, joint analyses to be performed with the relevant FIUs pursuant to Article 33 and Article 5(5), points (a) to (d), as well as to develop methods and procedures to coordinate and facilitate their planning, organisation and conduct;

Removed(b) to support cooperation among FIUs, pursuant to Article 5(5), point (a), and Article 36 of this Regulation and Article 24 of the [OP please insert the next number to the AMLD, COM(2021)423] particularly by developing best practices, methods, formats;

Removed(c) to develop expert knowledge on detection analysis and dissemination methods, pursuant to Article 5(5), point (f);

Removed(d) to develop criteria for the identification of cross-border cases that FIUs are required to share, pursuant to article 24 of the [OP please insert the next number to the AMLD, COM(2021)423];

Removed(e) to prepare indicators, formats, contents for the detection and reporting of STRs pursuant to article 50 of Regulation [OP please insert the next number of the AMLR, COM(2021)420] and other disclosures received by FIUs;

Removed(f) to follow the management, maintenance and update of FIU.net and the development of IT and artificial intelligence services and tools for secure information sharing, pursuant to Articles 5(5), point (e), and Article 37;

Removed(g) to follow the work of international and European fora on FIU-related matters.

Removed2. In performing the tasks referred to in paragraph 1, the Authority shall have dedicated human, financial and IT resources, and shall guarantee their independence from the supervisory functions provided for in Chapter II, Section 2 to 6. They shall be supported by national FIU delegates, pursuant to Article 35.

RemovedConduct of joint analyses

Removed-1. The Authority shall adopt internal procedures defining methods and criteria for the identification, selection and prioritisation of cases relevant for joint analyses.

Removed1. Where, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423], and with respect to the criteria listed in paragraph 1a of this Article, a FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof.

RemovedThe notification of the need for a joint analysis as provided for in the first subparagraph shall be registered by the Authority. The Authority shall assess the relevance of the registered cases with regard to the criteria listed in paragraph 1a. To that end, the Authority shall establish and regularly update a list of cases that could be the subject of joint analysis. Based on the level of priority, the urgency of cases and available resources, the Authority shall establish a work plan and launch the joint analysis.

RemovedWhen launching a joint analysis, the Authority shall inform the FIUs in all the relevant Member States and invite them to take part in the joint analysis within five days of the initial assessment. To this end, the Authority shall use secured channels of communication. The FIUs in all the relevant Member States shall consider taking part in the joint analysis.

RemovedIf at least one other FIU agrees to join the joint analysis, the Authority shall ensure that the joint analysis is instituted within 20 days of the initial assessment, unless the urgency of the case justifies the imposition of a shorter deadline in accordance with the criteria listed in paragraph 1a.

RemovedIf no FIU agrees to join the joint analysis, the Authority may, on its own initiative, choose to institute a joint analysis.

Removed1a. Where an FIU has not submitted a request to establish a joint analysis, the Authority may, on its own initiative, institute a joint analysis where it identifies cases in which:

Removed(a) an FIU’s operational analyses require difficult and demanding analyses having links with other Member States;

Removed(b) a number of FIUs are conducting operational analyses in which the circumstances of the case necessitate coordinated, concerted action in the Member States involved;

Removed(c) it directly received information indicating a suspicion of money laundering or financing of terrorism that could affect the internal market or relate to cross-border activities.

RemovedThe Authority shall be responsible for the establishment and composition of the joint analysis team and its coordination.

Removed1b. Europol may take part in the joint analysis, subject to the agreement of any participating FIUs, where relevant, and within the limits of the responsibilities of Europol and for the performance of its tasks.

RemovedParagraphs 1b, 2b and 2c shall enter into force only after their transposition into the appropriate legal act.

Removed1c. Eurojust may take part in the joint analysis, subject to the agreement of any participating FIUs, where relevant.

Removed2. FIUs that are concerned by a joint analysis shall have a duty to participate in the conduct of the joint analysis. Exceptionally, an FIU may decline to participate in the conduct of the joint analysis by duly explaining and justifying it to the Authority in writing within five days of the receipt of the invitation. The Authority shall provide such explanation without delay to the other FIUs that are concerned by the joint analysis.

Removed2a. In order to bring together all relevant information at an early stage of the joint analysis and with the aim of better detecting suspicious activities or transactions, the joint analysis may encompass by default the anonymous matching of subject-matter data with that of other FIUs.

Removed2b. In order to bring together all relevant information at an early stage of the joint analysis and with the aim of carrying out financial analysis at cross-border level, Europol shall take all appropriate measures to enable the Authority to have indirect access on the basis of a hit/no hit system to data related to offences within the Authority´s mandate. That hit/no hit system shall notify only Europol in the case of a hit and without prejudice to any restrictions indicated by the Member State, Union body or international organisation providing the information in question, in accordance with [please insert reference to Regulation 2016/794 (Recast)].

RemovedIn the case of a hit, Europol shall initiate the procedure by which the information that generated the hit is permitted to be shared, in accordance with the decision of the provider of the information to Europol, and only to the extent that the data generating the hit are necessary for the performance of the Authority´s tasks.

Removed2c. In order to bring together all relevant information with the aim of detecting subjects of the FIU´s interests in other Member States and identifying their proceeds and funds, the Authority shall take all appropriate measures to enable Europol to have indirect access to data related to financial information and financial analysis within the limits of [please insert reference to Europol´s Regulation], on the basis of a hit/no hit system, in accordance with the Authority´s mandate. That hit/no hit system shall notify only the Authority in the case of a hit and without prejudice to any restrictions indicated by the FIU, Member State, Union body or international organisation providing the information in question.

RemovedIn the case of a hit, the Authority shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the Authority´s mandate, and only to the extent that the data generating the hit are necessary for the performance of Europol’s tasks.

Removed3. The joint analysis shall be supported by the participating FIU´s delegates pursuant to Article 35 of this Regulation. FIU delegates supporting the joint analysis shall be granted access, directly or indirectly, to all data pertaining to the subject-matter of the joint analysis and shall be able to process those data for the purposes of conducting the joint analysis in accordance with the applicable data protection rules, in particular in respect of receiving and analysing suspicious transactions and other information in accordance with Article 17 of [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final].

RemovedUpon explicit consent of the FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those data for the purpose of conducting the joint analysis in accordance with the applicable data protection rules. If unanimous consent is not obtained, the staff of the Authority may provide other types of support to the joint analysis. FIUs shall remain the sole owners of the operational information they exchange with other FIUs, the Authority, Europol, EPPO and Eurojust.

Removed3a. The Authority may request any information from the participating FIUs with the purpose of ensuring a better conduct of the joint analysis. If the Authority’s request is denied by a participating FIU, that FIU shall provide its reasoning to the Authority.

Removed3b. The Authority shall be granted direct, immediate, unrestricted and free access to the information available in the registers, data retrieval systems and mechanisms referred to in Chapter II of [please insert reference to AMLD] for the purpose of conducting joint analyses under this Article.

Removed3c. The Authority may transmit the results of a joint analysis initiated on request by an FIU or on its own initiative, as well as any additional information relating to this joint analysis, upon consent of participating FIUs, to Europol, law enforcement, and customs authorities where there are grounds to suspect money laundering, its predicate offences or terrorist financing.

RemovedThe Authority and the competent authorities shall conclude a memorandum of understanding setting out the practical modalities for cooperation in the performance of their respective tasks under Union law.

Removed4. The Authority shall provide all the necessary tools and operational support required for the conduct of the particular joint analysis, in accordance with the developed methods and procedures. In particular, the Authority shall set up a dedicated, secured channel of communication for the performance of the joint analysis, and shall provide the appropriate technical coordination, including IT support, budgetary and logistical support.

RemovedReview of the methods, procedures and conduct of the joint analyses

Removed1. The Authority shall ensure that the methods and procedures established for the conduct of the joint analyses referred to in Article 33 are periodically reviewed and updated where necessary.

Removed2. The FIUs that participated or were otherwise involved in one or more joint analyses may provide their feedback to the Authority on the conduct of the analysis, including feedback on the operational support provided by the Authority in the process of the joint analysis, as well as feedback on the outcome of the analysis working methods and arrangements in place, the tools available and the coordination between the participating FIUs. The feedback may be labelled as confidential, in which case it will not be shared with other FIUs.

Removed3. On the basis of the feedback referred to in paragraph 2, or on its own initiative, the Authority may issue follow-up reports relating to the conduct of joint analyses, including specific suggestions on adjustments regarding the methods and procedures for the conduct of the joint analyses, and conclusions on the outcome of the joint analyses. The procedural and operational aspects of the follow-up report shall be shared with all FIUs, without disclosing confidential or restricted information on the case. The conclusions and recommendations relating to the conduct of the joint analyses shall be shared with the FIUs that participated in the relevant joint analyses, and with all the other FIUs insofar as these conclusions do not contain confidential or restricted information.

RemovedNational FIU delegates

Removed1. The FIU of each Member State shall delegate one or more staff members to the Authority. The regular place of work of the national FIU delegate shall be at the seat of the Authority.

Removed2. FIU delegates shall have the status of staff personnel of the delegating FIU at the time of their appointment and for the entire duration of their delegation. The delegating FIU shall facilitate the exercise of the functions of the FIU delegate and refrain from any action or policy that could adversely affect the FIU delegate’s career or status in the national system. In particular, the delegating FIU shall provide the FIU delegate with the resources and equipment necessary to exercise its functions under this Regulation, and shall ensure that the FIU delegate remains fully integrated into its FIU.

RemovedMember States shall appoint their FIU delegate on the basis of a proven high level of relevant, practical experience in the field of FIU tasks. The independence of FIU delegates shall be beyond doubt and they shall not seek nor take instructions from Union institutions, bodies, offices or agencies, nor from any government or any other public or private body in the performance of their duties under this Regulation. The salaries and emoluments of the FIU delegate shall be borne by the delegating FIU.

Removed3. The General Board in FIU composition may reject a person who has been appointed as FIU delegate if that person does not fulfil the criteria referred to in paragraph 2. The term of office of the FIU delegates shall be three years, renewable once with consent of the delegating FIU.

Removed4. FIU delegates shall support the Authority in carrying out the tasks set out in Article 5(5). To that end, the national FIU delegates shall be granted access to the Authority’s data and information necessary for the performance of their tasks for the duration of the delegation.

Removed5. FIU delegates shall be granted access to any data accessible by their delegating FIU for the purposes of carrying out the tasks referred to in paragraph 4▌.

Removed6. The Executive Board shall determine the rights and obligations of the FIU delegates in relation to the Authority. Adequate arrangements shall be in place to ensure that the FIU delegate’s rights relating to social security, pension and insurance coverage under the national scheme are maintained. The total remuneration of the FIU delegate shall not be lower than what it would be if that FIU delegate had chosen to remain only a member of staff of the delegating FIU.

RemovedMutual assistance in the area of cooperation between FIUs

Removed1. In the context of promoting cooperation and support of the work of the FIUs, and taking into account their needs, the Authority shall organise and facilitate at least the following activities:

Removed(a) training programmes, including with respect to technological innovation;

Removed(b) personnel exchanges and secondment schemes, including secondment of FIU staff from a Member State to the Authority;

Removed(c) exchanges of practices between FIUs, including sharing expertise in a specific area.