### 17. highlights the highly negative impact of covid-19 , which has disproportionately affected women , lgbtiq persons and vulnerable groups , including the poor , children , persons with disabilities , migrants , refugees , asylum seekers , minorities , informal workers and persons in prison or detention , among others; stresses that vulnerable groups are also more affected by the negative economic and social consequences of the pandemic , as well as the restrictions in access to healthcare and education; notes with concern the increase in hate speech against certain vulnerable groups , in particular minority groups; ### 17. highlights the highly negative impact of covid-19 , which has disproportionately affected women , lgbtiq persons and vulnerable groups , including the poor , children , persons with disabilities , migrants , refugees , asylum seekers , religious minorities , informal workers and persons in prison or detention , among others; stresses that vulnerable groups are also more affected by the negative economic and social consequences of the pandemic , as well as the restrictions in access to healthcare and education; notes with concern the increase in hate speech against certain vulnerable groups , in particular minority groups;


### 22. highlights the interdependence between human rights , a healthy environment and combating climate change , and welcomes the un’s call for global recognition of the right to a safe , clean , healthy and sustainable environment; underlines the vital role played by environmental human rights defenders and local and indigenous populations in preserving such an environment , despite the threats of violence that they often face from those responsible for , and profiting from , environmentally harmful practices; encourages the eu and the member states to promote the recognition of ecocide as an international crime under the rome statute of the icc , and requests that the commission study the relevance of ecocide to eu law and eu diplomacy; ### 22. highlights the interdependence between human rights , a healthy environment and combating climate change , and welcomes the un’s call for global recognition of the right to a safe , clean , healthy and sustainable environment; underlines the vital role played by environmental human rights defenders and local and indigenous populations in preserving such an environment , despite the threats of violence that they often face from those responsible for , and profiting from , environmentally harmful practices; encourages that the commission study the relevance of ecocide to eu law and eu diplomacy;


### 25. regrets the fact that the overall progress in women’s rights is far below the un countries’ commitments included in the beijing convention in 1995 and is concerned at the trend of backsliding in progress achieved; in this regard , is extremely concerned about the deterioration of the right of every individual to have full control over matters related to their sexuality , as well as sexual and reproductive health and rights , without coercion and discrimination , in particular with regard to safe and free access to abortion; calls for the eu and its member states to promote sexual and reproductive health and rights as part of their international commitments and alignment with the sustainable development goals (sdgs); ### deleted


### (1) directive (eu) 2015/849 of the european parliament and of the council22 constitutes the main legal instrument for the prevention of the use of the union financial system for the purposes of money laundering and terrorist financing. that directive sets out a comprehensive legal framework , which directive (eu) 2018/843 of the european parliament and the council23 further strengthened by addressing emerging risks and increasing transparency of beneficial ownership. notwithstanding its achievements , experience has shown that directive (eu) 2015/849 should be further improved to adequately mitigate risks and to effectively detect criminal attempts to misuse the union financial system for criminal purposes. ### (1) directive (eu) 2015/849 of the european parliament and of the council22 constitutes the main legal instrument for the prevention of the use of the union financial system for the purposes of money laundering and terrorist financing. that directive sets out a comprehensive legal framework , which directive (eu) 2018/843 of the european parliament and the council23 further strengthened by addressing emerging risks and increasing transparency of beneficial ownership. notwithstanding its achievements , experience has shown that directive (eu) 2015/849 should be further improved to adequately mitigate risks and to effectively detect criminal attempts to misuse the union financial system for criminal purposes and to further integrity of the internal market.


### (7) in light of the specific anti-money laundering vulnerabilities that have been witnessed in the electronic money issuing , the payment services and the crypto-assets service providing industry , it should be possible for member states to require that those providers established on their territory in forms other than a branch and the head office of which is situated in another member state appoint a central contact point. such a central contact point , acting on behalf of the appointing institution , should ensure the establishments' compliance with aml/cft rules. ### deleted


### (13) the results of risk assessments should , where appropriate , be made available to obliged entities in a timely manner to enable them to identify , understand , manage and mitigate their own risks. ### (13) the results of risk assessments should , where appropriate , be made available to obliged entities and publicly in a timely manner to enable them to identify , understand , manage and mitigate their own risks.


### (15) to be able to review the effectiveness of their systems for combating money laundering and terrorist financing , member states should maintain , and improve the quality of , relevant statistics. with a view to enhancing the quality and consistency of the statistical data collected at union level , the commission and the amla should keep track of the union-wide situation with respect to the fight against money laundering and terrorist financing and should publish regular overviews. ### (15) to be able to review the effectiveness of their systems for combating money laundering and terrorist financing , member states should maintain , and improve the quality of , relevant statistics. with a view to enhancing the quality and consistency of the statistical data collected at union level , the commission for the purpose of streamlining the methodology may adopt implementing acts and the amla should keep track of the union-wide situation with respect to the fight against money laundering and terrorist financing and should publish regular overviews.


### (18) central registers of beneficial ownership information are crucial in combating the misuse of legal entities. to ensure that the registers of beneficial ownership information are easily accessible and contain high-quality data , consistent rules on the collection and storing of this information should be introduced. ### (18) central registers of beneficial ownership information are crucial in combating the misuse of legal entities. to ensure that in light of comprehensive framework the registers of beneficial ownership information are easily accessible and contain high-quality data , consistent rules on the collection and storing of this information should be introduced.


### (19) with a view to enhancing transparency in order to combat the misuse of legal entities , member states should ensure that beneficial ownership information is stored in a central register located outside the company , in full compliance with union law. member states can , for that purpose , use a central database , which collects beneficial ownership information , or the business register , or another central register. member states may decide that obliged entities are responsible for filling in the register. member states should make sure that in all cases that information is made available to competent authorities and fius and is provided to obliged entities when they take customer due diligence measures. ### (19) with a view to enhancing transparency in order to combat the misuse of legal entities , member states should ensure that beneficial ownership information is stored in a central register located outside the company , in full compliance with union law. member states should , for that purpose , use a central database , which collects beneficial ownership information , or the business register , or another central register. member states may decide that obliged entities are responsible for filling in the register. member states should make sure that in all cases that information is made available to competent authorities and fius and is provided to obliged entities when they take customer due diligence measures.


### (22) the accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data , and to make valid , lawful decisions based on that data. therefore , where sufficient reasons arise , after careful analysis by the registrars , to doubt the accuracy of the beneficial ownership information held by the registers , legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis. in addition , it is important that member states entrust the entity in charge of managing the registers with sufficient powers to verify beneficial ownership and the veracity of information provided to it , and to report any suspicion to their fiu. such powers should extend to the conduct of inspections at the premises of the legal entities. ### (22) the accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data , and to make valid , lawful decisions based on that data. therefore , where sufficient reasons arise , after careful analysis by the registrars , to doubt the accuracy of the beneficial ownership information held by the registers , legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis in accordance with national law. in addition , it is important that member states entrust the entity in charge of managing the registers with sufficient powers to verify beneficial ownership and the veracity of information provided to it , and to report any suspicion to their fiu. such powers should extend to the conduct of inspections at the premises of the legal entities.


### (23) moreover , the reporting of discrepancies between beneficial ownership information held in the central registers and beneficial ownership information available to obliged entities and , where applicable , competent authorities , is an effective mechanism to verify the accuracy of the information. any such discrepancy should be swiftly identified , reported and corrected. ### (23) moreover , the reporting of discrepancies between beneficial ownership information held in the central registers and beneficial ownership information available to obliged entities and , where applicable , competent authorities , is an effective mechanism to verify the accuracy of the information. with an oversight of competent authorities any such discrepancy should be swiftly identified , reported and corrected.


### (24) in view of ensuring that the mechanism of discrepancy reporting is proportionate and focused on the detection of instances of inaccurate beneficial ownership information , member states may allow obliged entities to request the customer to rectify discrepancies of a technical nature directly with the entity in charge of the central registers. such option only applies to low-risk customers and to those errors of a technical nature , such as minor cases of misspelt information , where it is evident that that those do not hinder the identification of the beneficial owner(s) and the accuracy of the information. ### (24) in view of ensuring that the mechanism of discrepancy reporting is proportionate and focused on the detection of instances of inaccurate beneficial ownership information , member states may allow obliged entities to request the customer to rectify discrepancies of a technical nature directly with the entity in charge of the central registers. such request to the customer shall be implemented in a clear and reliable form. such option only applies to low-risk customers and to those errors of a technical nature , such as minor cases of misspelt information , where it is evident that that those do not hinder the identification of the beneficial owner(s) and the accuracy of the information.


### (46) fius play an important role in identifying the financial operations of terrorist networks , especially cross-border , and in detecting their financial backers. financial intelligence might be of fundamental importance in uncovering the facilitation of terrorist offences and the networks and schemes of terrorist organisations. fius maintain significant differences as regards their functions , competences and powers. the current differences should however not affect an fiu’s activity , particularly its capacity to develop preventive analyses in support of all the authorities in charge of intelligence , investigative and judicial activities , and international cooperation. in the exercise of their tasks , it has become essential to identify the minimum set of data fius should have swift access to and be able to exchange without impediments with their counterparts from other member states. in all cases of suspected money laundering , its predicate offences and in cases involving the financing of terrorism , information should flow directly and quickly without undue delays. it is therefore essential to further enhance the effectiveness and efficiency of fius , by clarifying the powers of and cooperation between fius. ### (46) fius play an important role in identifying the financial operations of terrorist networks , especially cross-border , and in detecting their financial backers. financial intelligence might be of fundamental importance in uncovering the facilitation of terrorist offences and the networks and schemes of terrorist organisations. fius maintain significant differences as regards their functions , competences and powers. the current differences should however not affect an fiu’s activity , particularly its capacity to develop preventive analyses in support of all the authorities in charge of intelligence , investigative and judicial activities , and international cooperation. in the exercise of their tasks , it has become essential to identify the minimum set of data fius should have swift access to and be able to exchange without impediments with their counterparts from other member states. in all cases of suspected money laundering , its predicate offences and in cases involving the financing of terrorism , information should flow directly and quickly without undue delays. it is therefore essential to further enhance the effectiveness and efficiency of fius , by clarifying their powers , tasks , rules on the exchange of information and the cooperation between fius , as well as by harmonising the rules on the protection of personal data and the rules on the processing of different categories of data , so as to ensure full consistency with the eu legal framework in this regard.


### (56) member states should ensure effective , impartial and risk-based supervision of all obliged entities , preferably by public authorities via a separate and independent national supervisor. national supervisors should be able to perform a comprehensive range of tasks in order to exercise effective supervision of all obliged entities. ### (56) member states should ensure effective , impartial and risk-based supervision of all obliged entities , preferably by public authorities via a separate and independent national supervisor. national supervisors should be able to perform a comprehensive range of tasks in order to exercise effective supervision of all obliged entities and be accordingly granted with such legal powers.


### (70) the importance of combating money laundering and terrorist financing should result in member states laying down effective , proportionate and dissuasive administrative sanctions and measures in national law for failure to respect the requirements of regulation [please insert reference – proposal for anti-money laundering regulation]. national supervisors should be empowered by member states to impose such measures to obliged entities to remedy the situation in the case of breaches and , where the breach so justifies , issue pecuniary sanctions. the range of sanctions and measures should be sufficiently broad to allow member states and competent authorities to take account of the differences between obliged entities , in particular between credit institutions and financial institutions and other obliged entities , as regards their size , characteristics and the nature of the business. ### (70) the importance of combating money laundering and terrorist financing should result in member states laying down effective , proportionate and dissuasive administrative sanctions and measures in national law for failure to respect the requirements of regulation [please insert reference – proposal for anti-money laundering regulation]. national supervisors should be empowered by member states to impose such measures to obliged entities to remedy the situation in the case of breaches and , where the breach so justifies , issue pecuniary sanctions. the range of sanctions and measures should be sufficiently broad to allow member states and competent authorities to take account of the differences between obliged entities , such as established and developing entities from the digital asset industry , in particular between credit institutions and financial institutions and other obliged entities , as regards their size , characteristics and the nature of the business.


### (79) the cooperation between financial supervisors and the authorities responsible for crisis management of credit institutions and investment firms , such as in particular deposit guarantee scheme designated authorities and resolution authorities , is necessary to reconcile the objectives to prevent money laundering under this directive and to protect financial stability and depositors under the directives 2014/49/eu and 2014/59/eu. financial supervisors should oversee the performance of customer due diligence where the credit institution has been determined failing or likely to fail or when the deposits are defined as unavailable , and the reporting of any suspicious transactions to the fiu. financial supervisors should inform the authorities responsible for crisis management of credit institutions and investment firms of any relevant outcome from the customer due diligence performed and of any account that has been suspended by the fiu. ### (79) the cooperation between financial supervisors and the authorities responsible for crisis management of credit institutions and investment firms , such as in particular deposit guarantee scheme designated authorities and resolution authorities , is necessary to reconcile the objectives to prevent money laundering under this directive and to protect financial stability and depositors under the directives 2014/49/eu and 2014/59/eu. financial supervisors should oversee the performance and quality of customer due diligence process where the credit institution has been determined failing or likely to fail or when the deposits are defined as unavailable , and the reporting of any suspicious transactions to the fiu. financial supervisors should inform the authorities responsible for crisis management of credit institutions and investment firms of any relevant outcome from the customer due diligence performed and of any account that has been suspended by the fiu.


### 4. before the end of the period referred to in paragraph 3 , the commission , having consulted the authority for anti-money laundering and countering the financing of terrorism established by regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final] (amla) , shall issue a detailed opinion regarding whether the measure envisaged: ### 4. before the end of the period referred to in paragraph 3 , the commission , having consulted the authority for anti-money laundering and countering the financing of terrorism established by regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final] (amla) , shall issue and make publicly available a detailed opinion regarding whether the measure envisaged:


### may create obstacles to the free movement of services or capital or to the freedom of establishment of service operators within the internal market which are not proportionate to the money laundering and terrorist financing risks the measure aims to mitigate. ### may create obstacles to the free movement of services or capital or to the growth and freedom of establishment of service operators within the internal market which are not proportionate to the money laundering and terrorist financing risks the measure aims to mitigate.


### 2. with respect to the obliged entities referred to in article 3 , points (3)(a) , (b) , (d) , (e) and (h) to (l) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , member states shall ensure that supervisors take the necessary measures to prevent persons convicted of money laundering , any of its predicate offences or terrorist financing or their associates from being professionally accredited , holding a management function in or being the beneficial owners of those obliged entities. ### 2. with respect to the obliged entities referred to in article 3 , points (3)(a) , (b) , (d) , (e) and (h) to (l) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , member states shall ensure that supervisors take the necessary measures to prevent persons convicted of money laundering , any of its predicate offences or terrorist financing or their associates from being professionally accredited , holding a management function in or being the beneficial owners of those obliged entities. member states must ensure that supervisory decisions made under this article can be subject to administrative appeal.


### 6. within 2 years of the adoption of the report referred to in paragraph 1 , and every four years thereafter , the commission shall submit a report to the european parliament and to the council on the actions taken based on the findings of that report. ### 6. within 2 years of the adoption of the report referred to in paragraph 1 , and every three years thereafter , the commission shall submit a report to the european parliament and to the council on the actions taken based on the findings of that report.


### 1. each member state shall carry out a national risk assessment to identify , assess , understand and mitigate the risks of money laundering and terrorist financing affecting it. it shall keep that risk assessment up to date and review it at least every four years. ### 1. each member state shall carry out a national risk assessment to identify , assess , understand and mitigate the risks of money laundering and terrorist financing affecting it. it shall keep that risk assessment up to date and review it at least every three years.


### 6. member states shall require that the reporting of discrepancies referred to in paragraph 5 takes place within 14 calendar days after detecting the discrepancy. in cases of lower risk to which measures under section 3 of chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation] apply , member states may allow obliged entities to request the customer to rectify discrepancies of a technical nature that do not hinder the identification of the beneficial owner(s) directly with the entity in charge of the central registers. ### 6. member states shall require that the reporting of discrepancies referred to in paragraph 5 takes place within 21 calendar days after detecting the discrepancy. in cases of lower risk to which measures under section 3 of chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation] apply , member states may allow obliged entities to request the customer to rectify discrepancies of a technical nature that do not hinder the identification of the beneficial owner(s) directly with the entity in charge of the central registers.


### any type of information or data which is already held by competent authorities in the context of preventing , detecting , investigating or prosecuting criminal offences; ### any type of information or data which is already held by competent authorities in the context of preventing , detecting , investigating or prosecuting criminal offences , except information about persons , if obtained as a result of operational surveillance activities , about the specific ways of carrying out operational surveillance activities , the rules governing them and the resources and methods used in connection with them , and about persons assisting the law enforcement authorities;


### 2. where the information referred to in paragraph 1 , points (a) , (b) and (c) , is not stored in databases or registers , member states shall take the necessary measures to ensure that fius can obtain that information by other means. ### 2. where the information referred to in paragraph 1 , points (a) , (b) and (c) , is not stored in databases or registers , member states shall take the necessary measures to ensure that fius can obtain that information by other means in a timely manner.


### 1. member states shall ensure that fius are empowered to take urgent action , directly or indirectly , where there is a suspicion that a transaction is related to money laundering or terrorist financing , to suspend or withhold consent to a transaction that is proceeding. such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report in order to analyse the transaction , confirm the suspicion and disseminate the results of the analysis to the competent authorities. member states shall ensure that subject to national procedural safeguards , the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity. ### 1. member states shall ensure that fius are empowered to take urgent action , directly or indirectly , where there is a suspicion that a transaction is related to money laundering or terrorist financing , to suspend or withhold consent to a transaction that is proceeding. such suspension shall be imposed on the obliged entity , if technically feasible , within 48 hours of receiving the suspicious transaction report in order to analyse the transaction , confirm the suspicion and disseminate the results of the analysis to the competent authorities. member states shall ensure that subject to national procedural safeguards , the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity.


### such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report and immediately notified to the competent judicial authority. member states shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 5 days from the day of the imposition of the suspension. member states shall ensure that any extension of such suspension shall be authorized by the competent judicial authority. ### such suspension shall be imposed on the obliged entity , if technically feasible , within 48 hours of receiving the suspicious transaction report and immediately notified to the competent judicial authority. member states shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 5 days from the day of the imposition of the suspension. member states shall ensure that any extension of such suspension shall be authorised by the competent judicial authority.


### 7. member states shall ensure that in exceptional , justified and urgent cases and , by way of derogation from paragraph 6 , where pursuant to paragraph 1 an fiu is requested to provide information which is either held in a database or registry directly accessible by the requested fiu or which is already in its possession , the requested fiu shall provide that information no later than 24 hours after the receipt of the request. ### 7. member states shall ensure that in exceptional , justified and urgent cases and , by way of derogation from paragraph 6 , where pursuant to paragraph 1 an fiu is requested to provide information which is either held in a database or registry directly accessible by the requested fiu or which is already in its possession , the requested fiu shall provide that information , if technically feasible , no later than 24 hours after the receipt of the request.


### where an obliged entity is subject to an authorisation , withdraw or suspend the authorisation; ### deleted


### 3. member states shall ensure that , where financial supervisors find that a credit institution has refused to enter into a business relationship but the documented customer due diligence pursuant to article 17(2) does not justify such refusal , they shall inform the authority responsible for ensuring compliance by that institution with directive (eu) 2014/92 or directive (eu) 2015/2366. ### 3. member states shall ensure that , where financial supervisors find that a credit institution has refused to enter or continue a business relationship but the documented customer due diligence pursuant to article 17(2) does not justify such refusal , they shall inform the authority responsible for ensuring compliance by that institution with directive (eu) 2014/92 or directive (eu) 2015/2366.


### 1. obliged entities shall appoint one executive member of their board of directors or , if there is no board , of its equivalent governing body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management. ### 1. without prejudice to national provisions obliged entities shall appoint one executive member of their board of directors or , if there is no board , of its equivalent governing body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management.


### 1. obliged entities shall appoint one executive member of their board of directors or , if there is no board , of its equivalent governing body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management. ### 1. obliged entities shall appoint one executive member of their board of directors or from a management body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘corporate compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management.


### 2. the compliance manager shall be responsible for implementing the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures. ### 2. the corporate compliance manager shall be responsible for the oversight of the implementation of the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures.


### 2. the compliance manager shall be responsible for implementing the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures. ### 2. the corporate compliance manager shall be responsible for implementing the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures.


### 3. obliged entities shall have a compliance officer , to be appointed by the board of directors or governing body , who shall be in charge of the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies. that person shall also be responsible for reporting suspicious transactions to the financial intelligence unit (fiu) in accordance with article 50(6). ### 3. obliged entities shall have a operational compliance officer , to be appointed by a senior manager , who shall be in charge of the monitoring and providing assistance to the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies.


### when involved in or carrying out an occasional transaction that amounts to eur 10 000 or more , or the equivalent in national currency , whether that transaction is carried out in a single operation or through linked transactions , or a lower threshold laid down pursuant to paragraph 5; ### when carrying out an occasional transaction that amounts to eur 20 000 or more , or the equivalent in national currency or in value , whether that transaction is carried out in a single operation or through linked transactions , or a lower threshold laid down pursuant to paragraph 5;


### identify the customer and verify the customer’s identity; ### identify the customer and verify the customer’s identity , ensuring that the methods taken are fully in line with the [gdpr] regulation (eu) 2016/679 of the european parliament and of the council and ensuring that the identification of the obliged entity is provided to the customer in a reliable and trustworthy form via secure authentification process where appropriate;


### where obliged entities identify an increased risk of money laundering or terrorist financing they shall take enhanced due diligence measures pursuant to section 4 of this chapter. where situations of lower risk are identified , obliged entities may apply simplified due diligence measures pursuant to section 3 of this chapter. ### where obliged entities identify an high risk of money laundering or terrorist financing they shall take enhanced due diligence measures pursuant to section 4 of this chapter. where situations of lower risk are identified , obliged entities may apply simplified due diligence measures pursuant to section 3 of this chapter.


### 2. where obliged entities either accept or refuse to enter in a business relationship , they shall keep record of the actions taken in order to comply with the requirement to apply customer due diligence measures , including records of the decisions taken and the relevant supporting documents. documents , data or information held by the obliged entity shall be updated whenever the customer due diligence is reviewed pursuant to article 21. ### 2. where obliged entities either accept or refuse to enter in a business relationship , they shall keep record of the actions taken in order to comply with the requirement to apply customer due diligence measures , including records of the decisions taken and the relevant supporting documents.


### 2. for the purposes of identifying the beneficial owner of a legal entity , obliged entities shall collect the information referred to in article 44(1) , point (a) , and the information referred to in paragraph 1 , point (b) , of this article. ### 2. for the purposes of identifying the beneficial owner of a legal entity , obliged entities shall collect first name and surname(s) , and date of birth.


### where , after having exhausted all possible means of identification pursuant to the first subparagraph , no natural person is identified as beneficial owner , or where there is any doubt that the person(s) identified is/are the beneficial owner(s) , obliged entities shall identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity and shall verify their identity. obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process , which led to resorting to the identification of a senior managing official. ### where , after having exhausted all possible means of identification pursuant to the first subparagraph , no natural person is identified as beneficial owner , obliged entities shall identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity and shall verify their identity.


### 4. obliged entities shall obtain the information , documents and data necessary for the verification of the customer and beneficial owner identity through either of the following: ### 4. obliged entities shall obtain the information , documents and data necessary for the verification of the customer's identity through either of the following:


### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer; ### the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer;


### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] as well as additional information. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner. ### for the purposes of verifying the information on the beneficial owner(s) , obliged entities also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] as well as additional information on a risk based approach. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner.


### (1) directive (eu) 2015/849 of the european parliament and of the council23 constitutes the main legal instrument for the prevention of the use of the union financial system for the purposes of money laundering and terrorist financing. that directive sets out a comprehensive legal framework , which directive (eu) 2018/843 of the european parliament and the council24 further strengthened by addressing emerging risks and increasing transparency of beneficial ownership. notwithstanding its achievements , experience has shown that further improvements should be introduced to adequately mitigate risks and to effectively detect criminal attempts to misuse the union financial system for criminal purposes. ### (1) directive (eu) 2015/849 of the european parliament and of the council23 constitutes the main legal instrument for the prevention of the use of the union financial system for the purposes of money laundering and terrorist financing. that directive sets out a comprehensive legal framework , which directive (eu) 2018/843 of the european parliament and the council24 further strengthened by addressing emerging risks and increasing transparency of beneficial ownership. notwithstanding its achievements , experience of inaccurate implementation of minimum standards that have led to a fragmented , inefficient environment in the union , thereby also affecting competition of the financial system in the single market has shown that further improvements should be introduced to adequately mitigate risks and to effectively detect criminal attempts to misuse the union financial system for criminal purposes.


### (2) the main challenge identified in respect to the application of the provisions of directive (eu) 2015/849 laying down obligations for private sector actors , the so-called obliged entities , is the lack of direct applicability of those rules and a fragmentation of the approach along national lines. whereas those rules have existed and evolved over three decades , they are still implemented in a manner not fully consistent with the requirements of an integrated internal market. therefore , it is necessary that rules on matters currently covered in directive (eu) 2015/849 which may be directly applicable by the obliged entities concerned are addressed in a new regulation in order to achieve the desired uniformity of application. ### (2) the main challenge identified in respect to the application of the provisions of directive (eu) 2015/849 laying down obligations for private sector actors , the so-called obliged entities , is the lack of direct applicability of those rules and a fragmentation of the approach along national lines. whereas those rules have existed and evolved over three decades , as a rule they are still implemented in a manner not fully consistent with the requirements of an integrated internal market. therefore , it is necessary that rules on matters currently covered in directive (eu) 2015/849 which may be directly applicable by the obliged entities concerned , as well as other positive examples that member states have already implemented are addressed in a new regulation in order to achieve the desired uniformity of application.


### (9) independent legal professionals should be subject to this regulation when participating in financial or corporate transactions , including when providing tax advice , where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. there should , however , be exemptions from any obligation to report information obtained before , during or after judicial proceedings , or in the course of ascertaining the legal position of a client , which should be covered by the legal privilege. therefore , legal advice should remain subject to the obligation of professional secrecy , except where the legal professional is taking part in money laundering or terrorist financing , the legal advice is provided for the purposes of money laundering or terrorist financing , or where the legal professional knows that the client is seeking legal advice for the purposes of money laundering or terrorist financing. ### (9) independent legal professionals , as defined by the member states , should be subject to this regulation when participating in financial or corporate transactions , including when providing tax advice , where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. there should , however , be exemptions from any obligation to report information obtained before , during or after judicial proceedings , or in the course of ascertaining the legal position of a client , which should be covered by the legal privilege. therefore , legal advice should remain subject to the obligation of professional secrecy , except where the legal professional is taking part in money laundering or terrorist financing , the legal advice is provided for the purposes of money laundering or terrorist financing , or where the legal professional knows that the client is seeking legal advice for the purposes of money laundering or terrorist financing.


### (62) obliged entities may outsource tasks relating to the performance of customer due diligence to an agent or external service provider , unless they are established in third countries that are designated as high-risk , as having compliance weaknesses or as posing a threat to the union’s financial system. in the case of agency or outsourcing relationships on a contractual basis between obliged entities and external service providers not covered by aml/cft requirements , any aml/cft obligations upon those agents or outsourcing service providers could arise only from the contract between the parties and not from this regulation. therefore , the responsibility for complying with aml/cft requirements should remain entirely with the obliged entity itself. the obliged entity should in particular ensure that , where an outsourced service provider is involved for the purposes of remote customer identification , the risk-based approach is respected. ### (62) obliged entities may outsource tasks relating to the performance of customer due diligence to an agent or external service provider , unless they are established in third countries that are designated as high-risk , as having compliance weaknesses or as posing a threat to the union’s financial system. in the case of agency or outsourcing relationships on a contractual basis between obliged entities and external service providers not covered by aml/cft requirements , any aml/cft obligations upon those agents or outsourcing service providers could arise only from the contract between the parties and not from this regulation. therefore , the responsibility for complying with aml/cft requirements should remain entirely with the obliged entity itself. the obliged entity should in particular ensure that , where an outsourced service provider is involved for the purposes of remote customer identification , the risk-based approach is respected , as well as the utmost care in ensuring the customer's confidence in the obliged entity’s identity.


### (63) in order for third party reliance and outsourcing relationships to function efficiently , further clarity is needed around the conditions according to which reliance takes place. amla should have the task of developing guidelines on the conditions under which third-party reliance and outsourcing can take place , as well as the roles and responsibilities of the respective parties. to ensure that consistent oversight of reliance and outsourcing practices is ensured throughout the union , the guidelines should also provide clarity on how supervisors should take into account such practices and verify compliance with aml/cft requirements when obliged entities resort to those practices. ### (63) in order for third party reliance and outsourcing relationships to function efficiently , including the performance of customer due diligence , further clarity is needed around the conditions according to which reliance takes place. amla should have the task of developing guidelines on the conditions under which third-party reliance and outsourcing can take place , as well as the roles and responsibilities of the respective parties. to ensure that consistent oversight of reliance and outsourcing practices is ensured throughout the union , the guidelines should also provide clarity on how supervisors should take into account such practices and verify compliance with aml/cft requirements when obliged entities resort to those practices.


### (66) a meaningful identification of the beneficial owners requires a determination of whether control is exercised via other means. the determination of control through an ownership interest is necessary but not sufficient and it does not exhaust the necessary checks to determine the beneficial owners. the test on whether any natural person exercises control via other means is not a subsequent test to be performed only when it is not possible to determine an ownership interest. the two tests , namely that of control through an ownership interest and that of control via other means , should be performed in parallel. control through other means may include the right to appoint or remove more than half of the members of the board of the corporate entity; the ability to exert a significant influence on the decisions taken by the corporate entity; control through formal or informal agreements with owners , members or the corporate entities , as well as voting arrangements; links with family members of managers or directors or those owning or controlling the corporate entity; use of formal or informal nominee arrangements. ### deleted


### measures to limit the misuse of bearer instruments. ### measures to stop the misuse of bearer instruments.


### (7) ‘trust or company service provider’ means any person that , by way of its business , provides any of the following services to third parties: ### (7) ‘trust or company service provider’ means any person or arrangement which has a similar structure or function to an express trust that , by way of its business , provides any of the following services to third parties:


### acting as , or arranging for another person to act as , a director or secretary of a company , a partner of a partnership , or a similar position in relation to other legal persons; ### acting as , or arranging for another person to act as , a director or secretary of a company , a partner of a partnership , a president of a management board or a similar position in relation to other legal persons;


### (16) ‘business relationship’ means a business , professional or commercial relationship which is connected with the professional activities of an obliged entity and which is expected , at the time when the contact is established , to have an element of duration , including a relationship where an obliged entity is asked to form a company or set up a trust for its customer , whether or not the formation of the company or setting up of the trust is the only transaction carried out for that customer; ### (16) ‘business relationship’ means a business , professional or commercial relationship with a customer which is connected with the professional activities of an obliged entity and which is expected , at the time when the contact is established , to have an element of duration , including a relationship where an obliged entity is asked to form a company or set up a trust for its customer , whether or not the formation of the company or setting up of the trust is the only transaction carried out for that customer;


### the provision of banking services by one credit institution as the correspondent to another credit institution as the respondent , including providing a current or other liability account and related services , such as cash management , international funds transfers , cheque clearing , payable-through accounts and foreign exchange services; ### the provision of banking services by one credit institution as the correspondent to another credit institution as the respondent , including providing a current or other liability account and related services used for the execution of third-party payments , such as cash management , international funds transfers , cheque clearing , payable-through accounts and foreign exchange services;


### (28) ‘senior management’ means , in addition to executive members of the board of directors or , if there is no board , of its equivalent governing body , an officer or employee with sufficient knowledge of the institution's money laundering and terrorist financing risk exposure and sufficient seniority to take decisions affecting its risk exposure; ### (28) ‘senior management’ means , an officer or employee at management level with sufficient knowledge of the institution's money laundering and terrorist financing risk exposure and sufficient seniority to take decisions affecting its risk exposure;


### (35) ‘targeted financial sanctions’ means both asset freezing and prohibitions to make funds or other assets available , directly or indirectly , for the benefit of designated persons and entities pursuant to council decisions adopted on the basis of article 29 of the treaty on european union and council regulations adopted on the basis of article 215 of the treaty on the functioning of the european union; ### (35) ‘targeted financial sanctions’ means both asset freezing and prohibitions to make funds or other assets available , directly or indirectly , for the benefit of designated persons and entities pursuant to council decisions related to terrorism and terrorism financing adopted on the basis of article 29 of the treaty on european union and council regulations adopted on the basis of article 215 of the treaty on the functioning of the european union;


### auditors , external accountants and tax advisors , and any other natural or legal person that undertakes to provide , directly or by means of other persons to which that other person is related , material aid , assistance or advice on tax matters as principal business or professional activity; ### auditors , certified debt collectors , external accountants and tax advisors , and any other natural or legal person that undertakes to provide , directly or by means of other persons to which that other person is related , material aid , assistance or advice on tax matters as principal business or professional activity;


### notaries and other independent legal professionals , where they participate , whether by acting on behalf of and for their client in any financial or real estate transaction , or by assisting in the planning or carrying out of transactions for their client concerning any of the following: ### notaries and other independent legal professionals , recognised as such in accordance with the practice of the member states , where they participate , whether by acting on behalf of and for their client in any financial or real estate transaction , or by assisting in the planning or carrying out of transactions for their client concerning any of the following:


### estate agents , including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to eur 10 000 or more , or the equivalent in national currency; ### estate agents , including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to eur 10 000 or more , or five times exceeds the average monthly rent in a member state , or the equivalent in national currency;


### persons trading or acting as intermediaries in the trade of works of art , including when this is carried out by art galleries and auction houses , where the value of the transaction or linked transactions amounts to at least eur 10 000 or the equivalent in national currency; ### persons trading or acting as intermediaries in the trade of works of art and other similar goods , including when this is carried out by art galleries and auction houses , where the value of the transaction or linked transactions amounts to at least eur 8 000 or the equivalent in national currency;


### persons storing , trading or acting as intermediaries in the trade of works of art when this is carried out within free zones and customs warehouses , where the value of the transaction or linked transactions amounts to at least eur 10 000 or the equivalent in national currency; ### persons storing , trading or acting as intermediaries in the trade of works of art when this is carried out within free zones and customs warehouses , where the value of the transaction or linked transactions amounts to at least eur 8 000 or the equivalent in national currency;


### investment migration operators permitted to represent or offer intermediation services to third country nationals seeking to obtain residence rights in a member state in exchange of any kind of investment , including capital transfers , purchase or renting of property , investment in government bonds , investment in corporate entities , donation or endowment of an activity to the public good and contributions to the state budget. ### investment migration operators permitted to represent or offer intermediation services including but not limited to third country nationals seeking to obtain residence rights or a citizenship in a member state in exchange of any kind of investment , including but not limited to capital transfers , purchase or renting of property , investment in government bonds , investment in corporate entities , donation or endowment of an activity to the public good and contributions to the state budget.


### 1. with the exception of casinos , member states may decide to exempt , in full or in part , providers of gambling services from the requirements set out in this regulation on the basis of the proven low risk posed by the nature and , where appropriate , the scale of operations of such services. ### 1. with the exception of casinos and online gambling platforms , member states may decide to exempt , in full or in part , providers of gambling services from the requirements set out in this regulation on the basis of the proven low risk posed by the nature and , where appropriate , the scale of operations of such services.


### 1. member states shall notify the commission of any exemption that they intend to grant in accordance with articles 4 and 5 without delay. the notification shall include a justification based on the relevant risk assessment for the exemption. ### 1. member states shall notify the commission of any exemption that they intend to grant in accordance with articles 4 and 5 without delay. the notification shall include a justification based on the relevant risk assessment under a direct supervision of the member state for the exemption.


### confirm that the exemption may be granted; ### confirm that the exemption may be granted by reasoned decision on the basis of the justification given by the member state;


### 3. upon reception of a decision by the commission pursuant to paragraph 2(a) , member states may adopt the decision granting the exemption. such decision shall state the reasons on which it is based. member states shall review such decisions regularly , and in any case when they update their national risk assessment pursuant to article 8 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final]. ### 3. upon reception of a decision by the commission pursuant to paragraph 2(a) , member states may adopt the decision granting the exemption. such decision shall state the reasons on which it is based. member states shall review such decisions regularly , but no later than one year after the exemption has been granted for the first time , and in any case when they update their national risk assessment pursuant to article 8 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final].


### 5. the commission shall publish every year in the official journal of the european union the list of exemptions granted pursuant to this article. ### 5. the commission shall publish every year in the official journal of the european union the list of exemptions granted and an analytical and factual overview of the exemptions granted pursuant to this article.


### an independent audit function to test the internal policies , controls and procedures referred to in point (a); ### an independent audit function to evaluate whether the internal policies , controls and procedures referred to in point (a) operate effectively;


### the internal communication of the obliged entity’s internal policies , controls and procedures , including to its agents and distributors; ### the internal communication of the relevant obliged entity’s internal policies , controls and procedures , including to its agents and distributors;


### 2. notaries , lawyers and other independent legal professionals , auditors , external accountants and tax advisors shall be exempted from the requirements laid down in article 50(1) to the extent that such exemption relates to information that they receive from , or obtain on , one of their clients , in the course of ascertaining the legal position of their client , or performing their task of defending or representing that client in , or concerning , judicial proceedings , including providing advice on instituting or avoiding such proceedings , whether such information is received or obtained before , during or after such proceedings. ### 2. notaries , lawyers and other independent legal professionals , auditors , external accountants and tax advisors shall be exempted from the requirements laid down in article 50(1) to the extent that such exemption relates to information that they receive from , or obtain on , one of their clients , in the course of ascertaining the legal position of their client , or performing their task of defending or representing that client in , or concerning , judicial proceedings , that is related to suspicious transactions or activities of similar nature , including providing advice on instituting or avoiding such proceedings , whether such information is received or obtained before , during or after such proceedings.


### 1. persons trading in goods or providing services may accept or make a payment in cash only up to an amount of eur 10 000 or equivalent amount in national or foreign currency , whether the transaction is carried out in a single operation or in several operations which appear to be linked. ### 1. persons trading in goods or providing services may accept or make a payment in cash only up to an amount of eur 7 000 or equivalent amount in national or foreign currency , whether the transaction is carried out in a single operation or in several operations which appear to be linked and whether the transaction has been done by resident or non-resident.


### 7. member states shall ensure that areas where the habitat types listed in annex ii occur do not deteriorate. ### deleted


### 8. outside natura 2000 sites , the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if it is caused by: ### deleted


### 9. for natura 2000 sites , the non-fulfilment of the obligations set out in paragraphs 6 and 7 , is justified if it is caused by: ### 9. for natura 2000 sites , the non-fulfilment of the obligations set out in paragraph 6 is justified if it is caused by:


### b) unavoidable habitat transformations which are directly caused by climate change; or ### b) unavoidable habitat transformations which are caused by climate change;


### c) a plan or project authorised in accordance with article 6 , paragraph 4 of the directive 92/43/eec. ### c) a plan or project authorised in accordance with article 6 , paragraphs 3 and 4 of the directive 92/43/eec; or


### 1. member states shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in article 4 of this regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the union by 2030 , without prejudice to directive 2000/60/ec , in particular articles 4(3) , 4(5) and 4(7) thereof , and regulation 1315/2013 , in particular article 15 thereof. ### 1. member states may make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in article 4 of this regulation , without prejudice to directive 2000/60/ec , in particular articles 4(3) , 4(5) and 4(7) thereof , and regulation 1315/2013 , in particular article 15 thereof.


### 1. member states shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in article 4 of this regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the union by 2030 , without prejudice to directive 2000/60/ec , in particular articles 4(3) , 4(5) and 4(7) thereof , and regulation 1315/2013 , in particular article 15 thereof. ### 1. member states shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and , taking into account the socio-economic functions of surface waters , identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in article 4 of this regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the union by 2030 , without prejudice to directive 2000/60/ec , in particular articles 4(3) , 4(5) and 4(7) thereof , and regulation 1315/2013 , in particular article 15 thereof.


### 3. member states shall complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains. ### 3. member states may complement the removal of the barriers referred to in paragraph 2 by the measures to improve the natural functions of the related floodplains.


### 1. member states shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in articles 4 to 10 , taking into account the latest scientific evidence. ### 1. member states shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in articles 4 to 10 , taking into account the latest scientific evidence and compatibility with socio-economic activities.


### 2. member states shall quantify the area that needs to be restored to reach the restoration targets set out in articles 4 and 5 taking into account the condition of the habitat types referred to in article 4(1) and (2) and article 5(1) and (2) and the quality and quantity of the habitats of the species referred to in article 4(3) and article 5(3) that are present on their territory. the quantification shall be based , amongst others , on the following information: ### 2. member states shall quantify the area that needs to be restored to reach the restoration targets set out in articles 4 and 5 taking into account the condition of the habitat types referred to in article 4(1) and article 5(1) and the quality and quantity of the habitats of the species referred to in article 4(3) and article 5(3) that are present on their territory. the quantification shall be based , amongst others , on the following information:


### iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change; ### iii) the favourable reference area;


### (iv) the areas most suitable for the re-establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change; ### deleted


### b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status , taking into account the areas most suitable for re-establishment of those habitats , and the connectivity needed between habitats in order for the species populations to thrive , as well as ongoing and projected changes to environmental conditions due to climate change. ### b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status , taking into account the connectivity needed between habitats in order for the species populations to thrive , as well as ongoing and projected changes to environmental conditions due to climate change.


### the union binding target for 2030 set out in article 3 of directive 2018/2001/eu of the european parliament and of the council. ### deleted


### 6. member states shall coordinate the development of national restoration plans with the designation of the renewables go-to areas. during the preparation of the nature restoration plans , member states shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas , including the permitting procedures applicable in the renewables go-to areas foreseen by directive (eu) 2018/2001 remain unchanged. ### 6. member states shall coordinate the development of national restoration plans with the designation of the renewables go-to areas. where possible , member states combine these go-to areas with natura 2000 sites. during the preparation of the nature restoration plans , member states shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas , including the permitting procedures applicable in the renewables go-to areas foreseen by directive (eu) 2018/2001 remain unchanged.


### 8. member states shall , when preparing the national restoration plans , make use of the different examples of restoration measures listed in annex vii , depending on specific national and local conditions , and the latest scientific evidence. ### 8. member states may , when preparing the national restoration plans , make use of the different examples of restoration measures listed in annex vii , depending on specific national and local conditions , and the latest scientific evidence.


### 9. member states shall , when preparing the national restoration plans , aim at optimising the ecological , economic and social functions of ecosystems as well as their contribution to the sustainable development of the relevant regions and communities. ### 9. member states shall , when preparing the national restoration plans , aim at optimising the ecological , economic and social functions in the areas as well as their contribution to the sustainable development of the relevant regions and communities.


### 11. member states shall ensure that the preparation of the restoration plan is open , inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. consultations shall comply with the requirements set out in articles 4 to 10 of directive 2001/42/ec. ### 11. member states shall ensure that the preparation of the restoration plan is open , inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. member states shall involve stakeholders at an early stage in developing and shaping the restoration plan. consultations shall comply with the requirements set out in articles 4 to 10 of directive 2001/42/ec.


### 1. the national restoration plan shall cover the period up to 2050 , with intermediate deadlines corresponding to the targets and obligations set out in articles 4 to 10. ### 1. the national restoration plan covers the period up to 2030.


### b) a description of the restoration measures planned , or put in place , for achieving the targets and obligations set out in articles 4 to 10 and a specification regarding which of those restoration measures are planned , or put in place , within the natura 2000 network established in accordance with directive 92/43/eec; ### b) a description of the restoration measures planned or implemented to achieve and meet the targets and obligations set out in articles 4 to 10;


### c) an indication of the measures to ensure that the areas covered by the habitat types listed in annexes i and ii do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached , in accordance with articles 4(6) and 5(6); ### deleted


### d) an indication of the measures to ensure that the areas covered by habitat types listed in annexes i and ii do not deteriorate , in accordance with article 4(7) and article 5(7); ### deleted


### e) the inventory of barriers and the barriers identified for removal in accordance with article 7(1) , the plan for their removal in accordance with article 7(2) and an estimate of the length of free-flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050 , and any other measures to re-establish the natural functions of floodplains in accordance with article 7(3); ### e) the inventory of barriers and the barriers identified for removal in accordance with article 7(1) , the plan for their removal in accordance with article 7(2) and an estimate of the length of free-flowing rivers to be achieved by the removal of those barriers by 2030 , and any other measures to re-establish the natural functions of floodplains in accordance with article 7(3);


### i) an indication of the provisions for ensuring the continuous , long-term and sustained effects of the restoration measures referred to in articles 4 to 10; ### i) an indication of the provisions for ensuring the continuous , long-term and sustained effects of the restoration measures referred to in articles 4 to 10 , whereby an attempt is made to balance economic , social and environmental aspects;


### j) the estimated co-benefits for climate change mitigation associated with the restoration measures over time , as well as wider socio-economic benefits of those measures; ### j) the estimated side effects on climate change mitigation associated with the restoration measures over time , as well as wider socio-economic effects of those measures;


### i) the relevance of climate change scenarios for the planning of the type and location of restoration measures; ### i) the relevance of climate change scenarios for the planning of the type of restoration measures;


### an indication of the subsidies which negatively affect the achievement of the targets and the fulfilment of the obligations set out in this regulation; ### deleted


### member states shall submit a draft of the national restoration plan referred to in articles 11 and 12 to the commission by… [op please insert the date = the first day of the month following 24 months after the date of entry into force of this regulation]. ### member states shall submit a draft of the national restoration plan referred to in articles 11 and 12 to the commission by… [op please insert the date = the first day of the month following 48 months after the date of entry into force of this regulation].


### 2. member states shall determine what constitutes a sufficient interest and impairment of a right , consistently with the objective of providing the public with wide access to justice. for the purposes of paragraph 1 , any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient. ### 2. member states shall determine what constitutes a sufficient interest and impairment of a right , consistently with the objective of providing the public with wide access to justice.


### article 19 ### deleted


### article 20 ### deleted


### 1. the commission shall evaluate the application of this regulation by 31 december 2035. ### 1. the commission shall evaluate the application of this regulation by 31 december 2035. this considers ecological , economic and social interests and examines whether the targets set for restoration are feasible and reasonable.


### 2. the commission shall present a report on the main findings of the evaluation to the european parliament , the council , the european economic and social committee , and the committee of regions. where the commission finds it appropriate , the report shall be accompanied by a legislative proposal for amendment of relevant provisions of this regulation , taking into account the need to establish additional restoration targets , based on common methods for assessing the condition of ecosystems not covered by articles 4 and 5 , and the most recent scientific evidence. ### 2. the commission shall present a report on the main findings of the evaluation to the european parliament , the council , the european economic and social committee , and the committee of regions. where the commission finds it appropriate , the report shall be accompanied by a legislative proposal for amendment of relevant provisions of this regulation , taking into account the need to establish amended restoration targets , based on the most recent scientific evidence and an integrated balance between economic , social and ecological interests.


### marine species referred to in article 5(3) ### deleted


### (24) minimise negative impacts of fishing activities on the marine ecosystem , for example by using gear with less impact on seabed. ### (24) minimise negative impacts of fishing activities on the marine ecosystem , as provided for in regulation (eu) 1380/2013.


### having regard to the treaty on the functioning of the european union , and in particular article 192(1) thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 192(2) , first subparagraph , point (b) thereof ,


### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives. ### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory , while ensuring the food security and the economic viability of sectors concerned.


### (2) the european green deal43 has set out an ambitious roadmap to transform the union into a fair and prosperous society , with a modern , resource-efficient and competitive economy , aiming to protect , conserve and enhance the union’s natural capital , and to protect the health and well-being of citizens from environment-related risks and impacts. as part of the european green deal , the commission has adopted an eu biodiversity strategy for 203044. ### deleted


### (7) the eu biodiversity strategy for 2030 aims to ensure that europe’s biodiversity will be put on the path to recovery by 2030 for the benefits of people , the planet , the climate and our economy. it sets out an ambitious eu nature restoration plan with a number of key commitments , including a commitment to put forward a proposal for legally binding eu nature restoration targets to restore degraded ecosystems , in particular those with the most potential to capture and store carbon , and to prevent and reduce the impact of natural disasters. ### deleted


### (8) in its resolution of 9 june 202149 , the european parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets , and furthermore considered that in addition to an overall restoration target , ecosystem- , habitat- and species-specific restoration targets should be included , covering forests , grasslands , wetlands , peatlands , pollinators , free-flowing rivers , coastal areas and marine ecosystems. ### deleted


### (10) the eu biodiversity strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land , including inland waters , and 30 % of the sea in the union , of which at least one third should be under strict protection , including all remaining primary and old-growth forests. the criteria and guidance for the designation of additional protected areas by member states51 (the ‘criteria and guidance’) , developed by the commission in cooperation with member states and stakeholders , highlight that if the restored areas comply or are expected to comply , once restoration produces its full effect , with the criteria for protected areas , those restored areas should also contribute towards the union targets on protected areas. the criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the eu biodiversity strategy for 2030 , by creating the conditions for restoration efforts to be successful. this is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. placing such areas , including in the marine environment , under strict protection , will , in some cases , be sufficient to lead to the recovery of the natural values they host. moreover , it is emphasised in the criteria and guidance that all member states are expected to contribute towards reaching the union targets on protected areas set out in the eu biodiversity strategy for 2030 , to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. ### deleted


### (11) the eu biodiversity strategy for 2030 sets out a target to ensure that there is no deterioration in conservation trends or in the status of protected habitats and species and that at least 30 % of species and habitats not currently in favourable status will fall into that category or show a strong positive trend towards falling into that category by 2030. the guidance52 developed by the commission in cooperation with member states and stakeholders to support the achievement of these targets highlights that maintenance and restoration efforts are likely to be required for most of those habitats and species , either by halting their current negative trends by 2030 or by maintaining current stable or improving trends , or by preventing the decline of habitats and species with a favourable conservation status. the guidance further emphasises that those restoration efforts primarily need to be planned , implemented and coordinated at national or regional levels and that , in selecting and prioritising the species and habitats to be improved by 2030 , synergies with other union and international targets , in particular environmental or climate policy targets , are to be sought. ### deleted


### (13) it is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation , the creation of high-quality jobs and sustainable growth. biodiverse ecosystems such as wetland , freshwater , forest as well as agricultural , sparsely vegetated , marine , coastal and urban ecosystems deliver , if in good condition , a range of essential ecosystem services , and the benefits of restoring degraded ecosystems to good condition in all land and sea areas far outweigh the costs of restoration. those services contribute to a broad range of socio-economic benefits , depending on the economic , social , cultural , regional and local characteristics. ### (13) it is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation , the creation of high-quality jobs and sustainable growth. restoration measures should only be taken if the combined economic , social and environmental benefits outweigh the combined economic , social and environmental disadvantages.


### (24) a framework and guidance67 already exist to determine good condition of habitat types protected under directive 92/43/eec and to determine sufficient quality and quantity of the habitats of species falling within the scope of that directive. restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. however , such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. therefore , additional obligations should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems. ### (24) a framework and guidance67 already exist to determine good condition of habitat types protected under directive 92/43/eec and to determine sufficient quality and quantity of the habitats of species falling within the scope of that directive. restoration targets for those habitat types and habitats of species can be set based on that framework and guidance.


### (25) building on directives 92/43/eec and 2009/147/ec and in order to support the achievement of the objectives set out in those directives , member states should put in place restoration measures to ensure the recovery of protected habitats and species , including wild birds , across union areas , also in areas that fall outside natura 2000. ### (25) building on directives 92/43/eec and 2009/147/ec and in order to support the achievement of the objectives set out in those directives , member states should put in place restoration measures to ensure the recovery of protected habitats and species , including wild birds , within natura 2000 sites.


### (27) deadlines should therefore be established for putting in place restoration measures within and beyond natura 2000 sites , in order to gradually improve the condition of protected habitat types across the union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the union is reached. in order to give the necessary flexibility to member states to put in place large scale restoration efforts , it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. this will allow member states to choose which habitats to restore first within the group. ### (27) deadlines should therefore be established for putting in place restoration measures within natura 2000 sites , in order to gradually improve the condition of protected habitat types across the union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the union is reached. in order to give the necessary flexibility to member states to put in place large scale restoration efforts , it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. this will allow member states to choose which habitats to restore first within the group.


### (28) similar requirements should be set for the habitats of species that fall within the scope of directive 92/43/eec and habitats of wild birds that fall within the scope of directive 2009/147/ec , having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. ### (28) requirements should be set for the habitats of species that fall within the scope of directive 92/43/eec and habitats of wild birds that fall within the scope of directive 2009/147/ec , having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive.


### (31) in order to ensure that the restoration measures are efficient and that their results can be measured over time , it is essential that the areas that are subject to such restoration measures , with a view to improving the condition of habitats that fall within the scope of annex i to directive 92/43/eec , to re-establish those habitats and to improve their connectivity , show a continuous improvement until good condition is reached. ### (31) in order to ensure that the restoration measures are efficient and that their results can be measured over time , it is essential that the areas that are subject to such restoration measures , with a view to improving the condition of habitats that fall within the scope of annex i to directive 92/43/eec , to re-establish those habitats and to improve their connectivity , show an improvement until good condition is reached.


### (32) it is also essential that the areas that are subject to restoration measures with a view to improving the quality and quantity of the habitats of species that fall within the scope of directive 92/43/eec , as well as habitats of wild birds falling within the scope of directive 2009/147/ec , show a continuous improvement to contribute to the achievement of a sufficient quantity and quality of the habitats of such species. ### (32) it is also essential that the areas that are subject to restoration measures with a view to improving the quality and quantity of the habitats of species that fall within the scope of directive 92/43/eec , as well as habitats of wild birds falling within the scope of directive 2009/147/ec , show an improvement to contribute to the achievement of a sufficient quantity and quality of the habitats of such species.


### (33) it is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of directive 92/43/eec that are in good condition across the territory of member states and of the union as a whole , until the favourable reference area for each habitat type is reached and at least 90 % at member state level of that area is in good condition , so as to allow those habitat types in the union to achieve favourable conservation status. ### (33) it is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of directive 92/43/eec that are in good condition across the territory of member states and of the union as a whole , so as to allow those habitat types in the union to achieve favourable conservation status.


### (35) it is important that the areas covered by habitat types falling within the scope of this regulation do not deteriorate as compared to the current situation , considering the current restoration needs and the necessity not to further increase the restoration needs in the future. it is , however , appropriate to consider the possibility of force majeure , which may result in the deterioration of areas covered by those habitat types , as well as unavoidable habitat transformations which are directly caused by climate change , or as a result of a plan or project of overriding public interest , for which no less damaging alternative solutions are available , to be determined on a case by case basis , or of a plan or project authorised in accordance with article 6(4) of directive 92/43/eec. ### (35) it is appropriate to consider the possibility of force majeure , which may result in the deterioration of areas covered by those habitat types , as well as unavoidable habitat transformations which are caused by climate change , or as a result of a plan or project , for which no less damaging alternative solutions are available , or of a plan or project authorised in accordance with article 6(3) and 6(4) of directive 92/43/eec , or due to incompatibility with essential socio-economic functions of the area or of activities in the area , such as food supply.


### (38) where the protection coastal and marine habitats requires that fishing or aquaculture activities are regulated , the common fisheries policy applies. regulation (eu) no 1380/2013 of the european parliament and of the council68 provides , in particular , that the common fisheries policy is to implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. that regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment. ### (38) where the protection coastal and marine habitats requires that fishing or aquaculture activities are regulated , the common fisheries policy applies. regulation (eu) no 1380/2013 of the european parliament and of the council68 provides , in particular , that the common fisheries policy is to implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. that regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment. the cfp shall ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic , social and employment benefits , and of contributing to the availability of food supplies.


### (39) in order to achieve the objective of continuous , long-term and sustained recovery of biodiverse and resilient nature , member states should make full use of the possibilities provided under the common fisheries policy. within the scope of the exclusive competence of the union with regard to conservation of marine biological resources , member states have the possibility to take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within the limit of 12 nautical miles. in addition , member states that have a direct management interest have the possibility to agree to submit joint recommendations for conservation measures necessary for compliance with obligations under union law on the environment. such measures will be assessed and adopted according to the rules and procedures provided for under the common fisheries policy. ### (39) in order to achieve the objective of long-term and sustained recovery of biodiverse and resilient nature , member states should make full use of the possibilities provided under the common fisheries policy. within the scope of the exclusive competence of the union with regard to conservation of marine biological resources , member states have the possibility to take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within the limit of 12 nautical miles. in addition , member states that have a direct management interest have the possibility to agree to submit joint recommendations for conservation measures necessary for compliance with obligations under union law on the environment. such measures will be assessed and adopted according to the rules and procedures provided for under the common fisheries policy.


### (41) it is important that restoration measures are also put in place for the habitats of certain marine species , such as sharks and rays , that fall within the scope of the convention on the conservation of migratory species of wild animals , but outside the scope of directive 92/43/eec , as they have an important function in the ecosystem. ### deleted


### (42) to support the restoration and non-deterioration of terrestrial , freshwater , coastal and marine habitats , member states have the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’ , to implement other effective area-based conservation measures , and to promote private land conservation measures. ### deleted