Changes from plenary report to adopted text

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RemovedArticle 10 – paragraph 10: 10. Member States shall ensure that if, in the course of the checks carried out pursuant to this Article, or in any other way, the entities in charge of the beneficial ownership registers discover facts that could be related to money laundering or to terrorist financing, they shall inform the competent FIU within 48 hours of discovering such facts

RemovedArticle 10 – paragraph 10 a (new): 10a. Member States shall ensure that entities in charge of central registers are operationally independent and autonomous and have the authority and capacity to carry out their functions free of political, government or industry influence or interference and that staff of such entities are of high integrity and appropriately skilled and maintain high professional standards, including standards of confidentiality and data protection and standards addressing conflicts of interest.

RemovedArticle 10 – paragraph 10 b (new): 10 b. Member States shall ensure that entities in charge of central registers have in place policies and procedures to ensure that their employees or managers who report breaches of the requirements set out in this Article are legally protected in accordance with Directive (EU) 2019/1937 from being exposed to threats, retaliatory or hostile action and, in particular, adverse or discriminatory employment action.

RemovedArticle 10 – paragraph 12: 12. The information referred to in paragraph 1 shall be available through the national registers and through the system of interconnection of central beneficial ownership registers for at least five years and no more than 10 years after the corporate or other legal entity has been struck off from the register. Member States may, without prejudice to national criminal law on evidence applicable to ongoing criminal investigations and legal proceedings, allow or require the retention of such information or documents in concrete cases for a further maximum period of five years where the necessity and proportionality of such further retention have been established by the authorities competent for the prevention, detection, investigation or prosecution of suspected money laundering or terrorist financing in accordance with applicable rules.

RemovedArticle 10 – paragraph 12 a (new): 12a. AMLA shall periodically conduct peer reviews of some or all of the activities of entities in charge of central beneficial ownership registers for the purposes of assessing whether such entities have in place mechanisms to fulfil the requirements set out in this Article and whether such entities carry out checks effectively in order to establish that beneficial ownership information held in the registers is accurate, adequate and up to date

RemovedArticle 11 – title: General rules regarding access to beneficial ownership registers by competent authorities, self-regulatory bodies, obliged entities and AMLA

RemovedArticle 11 – paragraph 1: 1. Member States shall ensure that competent authorities have timely, unrestricted and free access to the information held in the central registers referred to in Article 10, including the interconnected central registers, without alerting the entity or arrangement concerned

RemovedArticle 11 – paragraph 2: 2. Access to the central registers referred to in Article 10 shall be granted to FIUs, AMLA, supervisory authorities, public authorities with designated responsibilities for combating money laundering or terrorist financing, public procurement agencies as well as tax authorities and authorities that have the function of investigating or prosecuting money laundering, its predicate offences and terrorist financing, tracing and seizing or freezing and confiscating assets. Self-regulatory bodies shall be granted access to the registers when performing supervisory functions.

RemovedArticle 11 – paragraph 3: 3. Member States shall ensure that, when taking customer due diligence measures in accordance with Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation], obliged entities and agents or external service providers to which tasks are outsourced in accordance with Regulation ... [please refer to AML Regulation - 2021/0239(COD)] have timely, unrestricted and free access to the information held in the interconnected central registers referred to in Article 10. / In accordance with Chapter IV of Regulation (EU) 2016/679, the obliged entity shall remain fully liable for any action of agents or external service providers to which activities are outsourced when those agents or external service providers access the information held in the interconnected central registers referred to in Article 10. / The obliged entity shall obtain prior authorisation from the data protection supervisory authority in relation to access to a register by an agent or external service provider for the duration of the outsourcing contract between the obliged entities and the agents or external service providers. The data protection supervisory authority shall respond in a timely manner and no later than within two months. If no response is given within that time limit, access shall be deemed to have been granted. / The entity in charge of the central register shall suspend access to the register to obliged entities or agents or external service providers to which …

RemovedArticle 11 – paragraph 4: 4. By [3 months after the date of transposition of this Directive], Member States shall notify to the Commission the list of competent authorities and self-regulatory bodies and the categories of obliged entities that were granted access to the registers and the type of information available to obliged entities. Member States shall update such notification when changes to the list of competent authorities or categories of obliged entities. The Commission shall make the information on the access by competent authorities and obliged entities, including any change to it, available to the other Member States and AMLA.

RemovedArticle 12 – title: Specific access rules to beneficial ownership registers for the persons having a legitimate interest

Removed<

RemovedArticle 12 – paragraph 1 – introductory part: 1. Member States shall ensure that any natural or legal person having a legitimate interest in accessing information on beneficial owners has access, in the central registers referred to in Article 10, including the interconnected central registers, to:

RemovedArticle 12 – paragraph 1 – point a: (a) in the case of corporate entities, legal entities or legal arrangements, the name, month and year of birth, the country of residence and nationality of the beneficial owner, the nature and extent of the beneficial interest held, the date the beneficial owner became beneficial owner, data on the past beneficial owners, and contact details of the corporate entity, legal entity, express trust or similar legal arrangements, or contact details of the trustee or person holding an equivalent position.

RemovedArticle 12 – paragraph 1 – point b: (b) where no beneficial owner has been identified, the justification provided for there being no beneficial owner or for it not being possible to identify the beneficial owner, and the name, month and year of birth, country of residence and nationality of the natural person or persons who hold the position of senior managing official or senior managing officials in the corporate or legal entity, as referred to in Article 10(3)(b).

RemovedArticle 12 – paragraph 2: 2. At least persons that belong to any of the following groups shall be considered to have a legitimate interest in accessing the information on beneficial owners as referred to in paragraph 1: / (a) persons acting for the purpose of journalism, reporting or any other form of expression in the media that are connected with, or that intend to carry out such activities related to, the prevention or combating of money laundering, its predicate offences or terrorist financing; / (b) civil society organisations that are connected with, or that intend to carry out activities related to, the prevention and combating of money laundering, its predicate offences or terrorist financing; / (c) higher education institutions as defined in Article 2, point 19, of Regulation (EU) 2021/817 of the European Parliament and of the Council1a, that carry out, or that intend to carry out, activities connected with to the prevention and combating of money laundering, or its predicate offences or terrorist financing; / (d) persons who are likely to enter into transactions or business relationships with a corporate entity, legal entity or legal arrangement; / (e) persons who are likely to perform a task or engage in a business relationship that requires them to assess whether a corporate entity, legal entity or legal arrangements, or its beneficial owner is subject to targeted financial sanctions; / (f) financial institutions, external agents and service providers and authorities in so far as they are …

RemovedArticle 12 – paragraph 2 a (new): 2a. Members States shall ensure timely access for natural and legal persons belonging to the categories set out in paragraph 2 to information as referred to in paragraph 1 following the assessment by the authorities in charge of the central registers, such assessment to be done individually on the basis of a declaration of honour and proof of identification submitted to those authorities. If no decision on access has been communicated in writing to the person applying for access within ten days of the submission of the declaration of honour and the proof of identification, access shall be considered to have been granted and shall be given automatically. / For natural or legal person claiming legitimate interest based on grounds other than belonging to one of the categories set out in paragraph 2, access to information as referred to in paragraph 1 shall be granted following the assessment by the authorities in charge of the central registers as to whether the requirement for having legitimate interest is met. That assessment shall be done on a case by case basis, taking into account the grounds provided in the access request and the supporting documents. Those authorities shall take a decision to grant or refuse access in a timely manner and in any event within one month of the submission of the access request.

RemovedArticle 12 – paragraph 2 b (new): 2b. A decision granting access as referred to in paragraph 2a, first subparagraph, including a decision given automatically ten days after submission of a declaration of honour and proof of identification, shall be valid for a period of at least 2,5 years. Such a decision shall be recognised as proof of having a legitimate interest in all Member States and therefore give access to information as referred to in paragraph 1 for the same period in all Member States.

RemovedArticle 12 – paragraph 2 c (new): 2c. Member States may decide to automatically renew access to information granted under paragraph 2a. Natural and legal person having been granted such access shall notify authorities in charge of the central registers of any change affecting their right to access information as referred to in paragraph 1.

RemovedArticle 12 – paragraph 2 d (new): 2d. In case of proven or documented abuse or ongoing judicial proceedings related to the illegal use of their systems by a person having been granted access under paragraph 2a, authorities in charge of the central registers in any of the Member States concerned may immediately suspend or revoke that person’s access to their own registers, notify the competent authorities in other Member States concerned and submit a request for suspension of access to the authority that granted the access right. Any notification or request for suspension in view of ongoing judicial proceedings shall be duly justified by the requesting competent authority. A revocation or suspension shall be communicated to the affected person in writing, through the communication channel used for the submissions referred to in paragraph1a, in a timely manner and no later than ten days from the decision to revoke or suspend. Member States shall provide for appropriate legal remedies in case of revocation or suspension of access and communicate them to the affected person.

RemovedArticle 12 – paragraph 2 e (new): 2e. Member States shall provide for appropriate measures, in accordance with national law, in case of a false declaration of honour submitted to authorities in charge of the central registers for the purpose of gaining access to as referred to in paragraph 1.

RemovedArticle 12 – paragraph 2 f (new): 2f. The Commission shall adopt implementing acts to issue a common request form and template for the declaration of honour referred to in paragraph 2a with regard to professional qualifications, professional experience, public activity, membership in any relevant professional association or similar body, or any other valid documentation allowing for the verification that a natural or legal person belong to the categories set out in paragraph 2 as well as proof of identification such as travel or identity documents, the person identification data as defined in Article 3, point (3), of Regulation (EU) No 910/2014 of the European Parliament and of the Council1a, or any other valid documentation allowing the identification of the natural or legal person requesting access. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2). / The Commission shall adopt implementing acts to specify the common format of the decision referred to in paragraph 2a, with a view to ensure mutual recognition of those decisions by the central registers in other Member States as referred to in paragraph 2b. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2). / 1a Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC…

RemovedArticle 12 – paragraph 2 g (new): 2g. The information set out in paragraph 1, point (a), shall not be used, directly or indirectly, for marketing or commercial purposes, except when those purposes relate directly to the reasons why a legitimate interest in accessing information on beneficial owners has been found to exist. Member States shall make access to that information subject to a signed statement to that effect.

RemovedArticle 12 – paragraph 2 h (new): 2h. Member States may choose to make beneficial ownership information held in their central registers available on the condition of authentication using electronic identification means and relevant trust services as defined in Article 3, points (2) and (16), respectively, of Regulation (EU) 910/2014 and the payment of a fee which shall not exceed the direct costs of making the information available. Where the access to beneficial ownership information is provided online or in electronic form, Member States shall not require the payment of any fees.

RemovedArticle 12 – paragraph 2 i (new): 2i. Member States shall not impose legal or practical restrictions to access to information as referred to in paragraph 1 on the basis of the geographical establishment or location, legal or organisational status or nationality of the natural or legal person requesting access, or of the means or conditions of authentication.

RemovedArticle 12 – paragraph 2 j (new): 2j. Member States shall ensure that authorities in charge of the central registers keep a log of when a person accesses the register. Member States shall ensure that authorities in charge of the central registers do not monitor or keep any log regarding the specific information in the register consulted by persons having been granted access under paragraph 2a.

RemovedArticle 12 a (new): Article 12a / Searches in Beneficial Ownership Register / 1. The European Central Platform shall serve as a central search service, making available all information related to beneficial ownership. / 2. Competent authorities, AMLA, self-regulatory bodies and obliged entities shall be able to make searches of beneficial ownership information as set out in Article 11 through the European Central Platform. Persons having legitimate interest pursuant to Article 12 shall be able to make searches of the beneficial ownership information as set out in Article 12 through the European Central Platform. / 3. The following harmonised search criteria shall be useable for searches referred to in paragraph 2: / (a) with regard to companies or other legal entities, trusts or similar arrangements alternatively: / (i) name of the legal entity, trust or similar arrangement; / (ii) national registration number. / (b) with regard to persons as beneficial owners alternatively: / (i) first name and surname of the beneficial owner; / (ii) month and year of birth of the beneficial owner; / (c) with regard to nominee shareholders and nominee directors first name and surname of the nominee shareholder and nominee director; / Member States may make available further search criteria in additio to the ones set out in the first subparagraph.. / 3. The European Central Platform shall allow the reporting of discrepancies as referred to in Article 10(5).

RemovedArticle 13 – paragraph 1: In exceptional circumstances to be laid down in national law, where the access referred to in Articles 11(3) and 12(1) would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, Member States may shall provide for an exemption from such access to all or part of the personal information on the beneficial owner on a case-by-case basis. Member States shall ensure that those exemptions are granted upon a detailed evaluation of the exceptional nature of the circumstances. Rights to an administrative review of the decision granting an exemption and to an effective judicial remedy shall be guaranteed. Member States shall ensure that exemptions granted are reviewed every two years. A Member State that has granted exemptions shall publish annual statistical data on the number of exemptions granted and reasons stated and report the data to the Commission.

RemovedChapter II – Section 2 – title: Bank account and custodial crypto-asset wallet information

RemovedArticle 14 – title: Bank account and custodial crypto-asset wallet registers and electronic data retrieval systems

RemovedArticle 14 – paragraph 1 – introductory part: 1. Member States shall put in place centralised automated mechanisms, such as a central registers or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts and bank accounts identified by IBAN, as defined by Regulation (EU) No 260/2012 of the European Parliament and of the Council47 , including virtual IBAN accounts, securities accounts and safe-deposit boxes held by a credit or financial institution within their territory, and custodial crypto-asset wallets.

RemovedArticle 14 – paragraph 2: 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible in an immediate and unfiltered manner to national FIUs and AMLA. The information shall also be accessible in a timely manner to national competent authorities for fulfilling their obligations under this Directive and Regulation ... [add reference to AML Regulation - 2021/0239(COD)].

RemovedArticle 14 – paragraph 3 – point a: (a) for the customer-account and securities-account holder and any person purporting to act on behalf of the customer: the name, complemented by either the other identification data required under Article 18(1) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] or a unique identification number

RemovedArticle 14 – paragraph 3 – point b: (b) for the beneficial owner of the customer-account or securities-account holder: the name, complemented by either the other identification data required under Article 18(1) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] or a unique identification number;

RemovedArticle 14 – paragraph 3 – point c: (c) for the bank or payment account: the IBAN number, or an equivalent identification number, and the date of account opening and closing, where applicable;

RemovedArticle 14 – paragraph 3 – point d a (new): (da) for the custodial crypto-asset wallet holder and any person purporting to act on behalf of the customer: the name, complemented by either the other identification data required under article 18(1) of Regulation ... [please insert reference to the AMLR - 2021/0239(COD)] or a unique identification number;

RemovedArticle 14 – paragraph 3 – point d b (new): (db) for the beneficial owner of the custodial crypto-asset wallet holder: the name, complemented by either the other identification data required under article 18(1) of Regulation ... [please insert reference to the AMLR - 2021/0239(COD)] or a unique identification number.

RemovedArticle 14 – paragraph 4: 4. Member States may require other information deemed essential for FIUs, AMLA and other competent authorities for fulfilling their obligations under this Directive to be accessible and searchable through the centralised mechanisms.

RemovedArticle 14 – paragraph 6 – introductory part: 6. Member States shall ensure that the information referred to in paragraph 3 is available through the single access point interconnecting the centralised automated mechanisms. Member States shall take adequate measures to ensure that only the information referred to in paragraph 3 that is up to date and corresponds to the actual bank account, securities account or custodial crypto-asset wallet information is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph. Member States shall take adequate measures to ensure that information on holders of closed customer-accounts, bank or payment accounts, custodial crypto-asset wallets and safe-deposit boxes is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms for a period of five years after the closure of the account or wallet. Member States may, without prejudice to national criminal law on evidence applicable to ongoing criminal investigations and legal proceedings, allow or require the retention of such information or documents in concrete cases for a further maximum period of five years where the necessity and proportionality of such further retention have been established for the prevention, detection, investigation or prosecution of suspected money laundering or terrorist financing. Th…

RemovedArticle 14 – paragraph 7 – introductory part: 7. National FIUs and AMLA shall be granted immediate and unfiltered access to the information on payment and bank accounts and safe-deposit boxes referred in this Article in other Member States available through the single access point interconnecting the centralised automated mechanisms. National competent authorities shall be granted access in a timely manner to the information on payment and bank accounts and safe-deposit boxes referred in this Article in other Member States available through the single access point interconnecting the centralised automated mechanisms. Member States shall cooperate among themselves and with the Commission in order to implement this paragraph.

RemovedArticle 14 – paragraph 7 – subparagraph 1: Member States shall ensure that the staff of the national FIUs and competent authorities entitled to access to information under the first subparagraph, maintain high professional standards of confidentiality and data protection, are of high integrity and are appropriately skilled.

RemovedArticle 14 – paragraph 8: 8. Member States shall ensure that technical and organisational measures are put in place to ensure the security of the data to high technological standards for the purposes of the exercise by FIUs and AMLA of the power to access and search the information available through the single access point interconnecting the centralised automated mechanisms in accordance with paragraphs 5 and 6.

RemovedArticle 15 – paragraph 1 – point e: (e) the technical modalities to implement the different types of access to information on beneficial ownership in accordance with Articles 11 and 12 of this Directive, including the authentication of users through the use of electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014, in a way that ensures that there are no geographical or other restrictions preventing access to persons granted access under Article 12;

RemovedArticle 15 – paragraph 1 – point f: deleted

RemovedChapter II – Section 3 – title: Access for competent authorities to information on land and real estate and certain goods

RemovedArticle 16 – title: Access to land and real estate information

RemovedArticle 16 – paragraph 1 – introductory part: 1. Member States shall provide competent authorities with access via a single access point in each Member State to information which allows the identification in a timely manner of any natural or legal person owning land or real estate. Access shall be granted through public registers or electronic data retrieval systems, provided that interoperability can be ensured. Where real estate is owned by a legal person or arrangement, the information on the beneficial owner shall be available, either directly in the register or retrieval system, or in the beneficial ownership register referred to in Article 10, including where the legal person is a foreign legal entity or arrangement, as required under Article 48 of Regulation ... [please insert reference to Anti-Money Laundering Regulation - 2021/0239(COD)]. Competent authorities other than FIUs shall also have timely access to information allowing the identification and analysis of transactions involving land or real estate, including their economic value, the source of funds and the details of the natural or legal persons involved in those transactions including, whether the natural or legal person owns, sells or acquires land or real estate on behalf of a legal arrangement.

RemovedArticle 16 – paragraph 1 – subparagraph 1: FIUs and AMLA shall be granted direct, immediate, unrestricted and free access to the information referred to in the first subparagraph

RemovedArticle 16 – paragraph 2 a (new): 2a. By ... [three years after the date of transposition of this Directive], Member States shall ensure that information referred to in paragraph 1 is held in a register or electronic data retrieval system in machine-readable format. That information may be collected using national systems.

RemovedArticle 16 a (new): Article 16a / Implementing act for the interconnection of land and real estate single access point / 1. The Member States’ single access points referred to in Article 16(1) shall be interconnected via the European real estate data single access point (E-RED) to be developed and operated by the Commission by ... [four years after the date of entry into force of this Directive] / 2. The Commission is empowered to adopt, by means of implementing acts, technical specifications and procedures necessary to provide for the interconnection of Member States’ single access point via E-RED in accordance with Article 16 with regard to: / (a) the technical data necessary for the E-RED system to perform its functions and the method of storage, use and protection of that technical data; / (b) the common criteria according to which land and real estate information shall be available through the system of interconnection of registers and retrieval systems; / (c) the technical details on how land and real estate information shall be made available; / (d) the technical conditions of availability of services provided by the system of interconnection of registers and retrieval systems; / Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2). / 3. When adopting the implementing acts referred to in paragraph 2, the Commission shall take into account proven technology and existing practices. The Commission shall ensure that the system requ…

RemovedChapter II – Section 3 a (new) – title (new): Section 3a / Access for competent authorities to information on certain goods

RemovedArticle 16 b (new): Article 16b / Access to beneficial ownership information of motor vehicles, aircrafts and watercrafts / 1. Member States shall provide competent authorities with timely access to information which allows the identification of any natural person or the beneficial owner of any legal person owning motor vehicles, aircrafts or watercrafts whose estimated value is above EUR 200 000 or the equivalent in national currency. / 2. Member States shall ensure that information referred to in paragraph 1 is available to competent authorities, either through registers or electronic data retrieval systems, where such registers or systems are available, or through other systems which are deemed as efficient, and that ensure that the data is available in a machine-readable and interoperable format. / FIUs and AMLA shall be granted direct and immediate access to the information referred to in paragraph 1 for the purpose of the prevention and combating of money laundering, any of its associated predicate offences or terrorist financing. / 3. Member States shall ensure that where the value of motor vehicles, aircrafts or watercrafts is stated or estimated above EUR 2 000 000 EUR or the equivalent in national currency, information set out in the purchase contract or other proof of transaction, including at least the identification of all parties involved in the transaction, the means of payment and the source of funds, is included and available as part of the information referred to in paragraph 1…

RemovedArticle 16 c (new): Article 16c / Access to information on goods in freezones / 1. Member States shall provide competent authorities with access via a single access point in each Member State to information which allows the identification in a timely manner of any natural, legal person or legal arrangement owning any tangible movable good stored, traded or transiting in a free zone or customs warehouse in the Union, through either registers or electronic data retrieval systems, provided that interoperability can be ensured. Where those goods are owned by a legal person or arrangement, information on the beneficial owner shall be available, either directly in those registers or retrieval systems, or in the beneficial ownership register referred to in Article 10, including where the legal person is a foreign legal entity or arrangement, as required under Article 48 of Regulation ... [please insert reference to Anti-Money Laundering Regulation- 2021/0239 (COD)]. / 2. By ... [three years after the date of transposition of this Directive], the Member States shall ensure that the information referred to in paragraph 1 is held in a register or electronic data retrieval system in machine-readable format. That information may be collected using with national systems. / 3. By ... [three months after the date of transposition of this Directive], Member States shall provide the Commission a list of the competent authorities that have been granted access to the registers or systems referred to in paragraph 1…

RemovedArticle 17 – paragraph 1: 1. Each Member State shall establish an FIU in order to prevent, detect, report and effectively combat money laundering and terrorist financing.

RemovedArticle 17 – paragraph 2: 2. The FIU shall be the single central national unit responsible for receiving and analysing suspicious transactions and other information relevant to money laundering, its predicate offences or terrorist financing submitted by obliged entities in accordance with Article 50 or reports submitted by obliged entities in accordance with Article 59(4), point (b), of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and other information relevant to money laundering, its predicate offences or terrorist financing, as well as information by customs authorities pursuant to Article 9 of Regulation (EU) 2018/1672.

RemovedArticle 17 – paragraph 2 a (new): 2a. FIUs shall participate in, and contribute to, the activities of the Support and Coordination Mechanism of FIUs, in accordance with Regulation ... [please insert reference to the AMLA Regulation- 2021/0240 (COD)]. The FIUs shall cooperate effectively with AMLA in accordance with Article 22a of this Directive.

RemovedArticle 17 – paragraph 3 – subparagraph 1 – point b: (b) a continuous strategic analysis addressing money laundering and terrorist financing trends and patterns.

RemovedArticle 17 – paragraph 3 – subparagraph 2: By ...[two years after the entry into force of this Directive], AMLA shall issue guidelines addressed to FIUs on the nature, features and objectives of operational and of strategic analysis and, in particular, on the need to further provide that analysis to the competent authorities responsible for combating money laundering, related predicate offences and terrorist financing.

RemovedArticle 17 – paragraph 4 – introductory part: 4. Each FIU shall be operationally independent and autonomous, which means that it shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and, in accordance with paragraph 3, disseminate specific information in accordance with applicable Union law. It shall be free from any undue political, government or industry influence or interference.