Changes from plenary report to adopted text

Removed(b) any operational data or information related to such operational data of the Authority and of the FIUs that is in the possession of the Authority due to carrying out the tasks and activities referred to in Article 5(5) and Section 6 of Chapter II.

Removed4. The confidential information referred to in paragraph 3, point (a), that relates to a supervisory procedure can be fully or partially disclosed to the obliged entities which are parties to that supervisory procedure, subject to the legitimate interest of natural and legal persons other than the relevant party, in the protection of their business secrets. This access shall not extend to internal documents of the Authority, financial supervisors, or correspondence between them.

Removed5. The Executive Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 and the rules regarding disclosure of information relating to supervisory procedures.

RemovedGeneral language arrangements

Removed1. Council Regulation No 1 shall apply to the Authority.

Removed2. The Executive Board shall decide on the internal language arrangements for the Authority, which shall be consistent with the language arrangements in direct supervision, adopted pursuant to Article 27.

Removed3. The translation services required for the functioning of the Authority shall be provided by the Translation Centre for the Bodies of the European Union, as established by Council Regulation (EC) No 2965/94.

RemovedData protection

Removed1. The processing of personal data on the basis of this Regulation for the purposes of the prevention of money laundering and terrorist financing as referred to in Article 53 [OP please insert the next number to the AMLD, COM(2021)423] and Article 55 of [OP please insert the next number to the AMLR, COM(2021)420] shall be considered necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 of Regulation (EU) 2018/1725 and Article 6 of Regulation (EU) 2016/679.

RemovedWhen carrying out its activities under this Regulation and other applicable Union law, having an impact on the protection of personal data, the Authority shall ▌consult the European Data Protection Supervisor ▌. The Authority may also invite the European Data Protection Board and individual national data protection authorities as observers in the process of drafting ▌guidelines and recommendations in accordance with Article 43.

Removed2. In accordance with Article 25 of Regulation (EU) 2018/1725, the Authority may adopt internal rules which may restrict the application of the rights of the data subjects where such restrictions are necessary to the performance of the tasks referred in Article 53 [AMLD] and Article 55 of [AMLR].

RemovedLiability of the Authority

Removed1. In the case of non-contractual liability, the Authority shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or by its staff in the performance of their duties. The Court of Justice of the European Union shall have jurisdiction in any dispute over the remedying of such damage.

Removed2. The personal financial liability and disciplinary liability of Authority staff towards the Authority shall be governed by the relevant provisions applying to the staff of the Authority.

RemovedDelegated acts

Removed1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed2. The power to adopt delegated acts referred to in Article 25 and Article 65 shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation].

Removed3. The power to adopt delegated acts referred to in Article 25 and Article 65 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.

Removed4. 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.

Removed5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Removed6. A delegated act adopted pursuant to Article 25 and Article 65 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months 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 three months at the initiative of the European Parliament or of the Council.

RemovedHeadquarters Agreement and operating conditions

Removed1. The necessary arrangements concerning the accommodation to be provided for the Authority in the Member State where its seat is located and the facilities to be made available by that Member State, as well as the specific rules applicable in that Member State to the staff of the Authority and members of their families, shall be laid down in a Headquarters Agreement to be concluded between the Authority and that Member State ▌after obtaining the approval of the Executive Board.

Removed2. The Authority’s host Member State shall provide the best possible conditions to ensure the proper functioning of the Authority, including multilingual, European-oriented schooling and appropriate transport connections.

RemovedEvaluation and review

Removed3. By 31 December 2029, and every five years thereafter, the Commission shall assess the Authority’s performance in relation to its objectives, mandate and tasks based on objective criteria to be included in an evaluation.. The evaluation shall, in particular, address:

Removed(a) the possible need to amend the mandate of the Authority, and the financial implications of any such modification;

Removed(b) the impact of all supervisory activities and tasks of the Authority on the interests of the Union as a whole, and specifically the effectiveness of:

Removed(i) supervisory tasks and activities related to direct supervision of selected obliged entities;

Removed(ii) indirect supervision of non-selected obliged entities;

Removed(iii) indirect oversight of other obliged entities;

Removed(c) the impact of the activities and technologies related to support and coordination of FIUs on preventing ML/TF, and in particular the coordination of the joint analyses of cross-border activities and transactions conducted by FIUs and the successful follow-up to those joint analyses in preventing and combatting ML/TF;

Removed(ca) the appropriateness of enlarging the scope of the oversight of the non-financial sector, particularly of the procedures and thresholds for AML/CFT supervisory colleges in the non-financial sector and the establishment of a step-in procedure for the non-financial entities similar to those laid down in Articles 30 and 30a;

Removed(d) the impartiality, objectivity and autonomy of the Authority;

Removed(e) the appropriateness of governance arrangements, including the composition of, and voting arrangements in, the Executive Board and its relation with the General Board,

Removed(f) the cost effectiveness of the Authority, if appropriate, separately in relation to its distinct sources of funding;

Removed(g) the effectiveness of the recourse mechanism against decisions of the Authority and the independence and accountability arrangements applicable to the Authority;

Removed(h) the effectiveness of cooperation and information sharing arrangements between the Authority and non-AML authorities;

Removed(i) the interaction between the Authority and the other Union supervisory authorities and bodies, including the EBA, the Europol, Eurojust, OLAF and the EPPO;

Removed(ia) the scope of direct supervision and the criteria, including the appropriateness of the procedures and thresholds, for the direct selection of supervised obliged entities;

Removed(j) the effectiveness of the Authority’s supervisory and sanctioning powers;

Removed(k) effectiveness and convergence in supervisory practices reached by supervisory authorities and the role of the Authority therein.

Removed4. The report referred to in paragraph 1 shall also examine whether:

Removed(a) the resources of the Authority are adequate to carry out its responsibilities;

Removed(b) it is appropriate to confer additional supervisory tasks regarding non-financial sector obliged entities, specifying ▌the types of entities that should be subject to additional supervisory tasks;

Removed(c) it is appropriate to confer additional tasks in the area of support and coordination of the work of FIUs, including a mandate for further developing a one-stop-shop platform within FIU.net to be used by obliged entities to submit suspicious transaction and activity reports to FIUs concerned;

Removed(d) it is appropriate to confer on the Authority additional sanctioning powers.

Removed5. On the occasion of every second evaluation, the Commission shall conduct a thorough review of the results achieved by the Authority having regard to its objectives, mandate, ▌tasks and powers. The review shall have due regard to the effectiveness of the Union’s AML/CFT framework as a whole and to the Authority’s cooperation with other bodies and agencies.

Removed6. The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council.

RemovedAmendments to Regulation (EU) No 1093/2010

RemovedRegulation (EU) No 1093/2010 is amended as follows:

Removed(1) Article 1 is amended as follows:

Removed(a) in paragraph 2, the second subparagraph is deleted;

Removed(b) in paragraph 5, point (h) is deleted;

Removed(2) Article 4 is amended as follows:

Removed(a) point (1a) is deleted;

Removed(b) In point (2), point (iii) is deleted;

Removed(3) In Article 8(1), point (l) is deleted;

Removed(4) Articles 9a and 9b are deleted;

Removed(5) in Article 17, paragraph 6 is replaced by the following: