### (34) some business models are based on the obliged entity having a business relationship with a merchant for offering payment initiation services through which the merchant gets paid for the provision of goods or services , and not with the merchant’s customer , who authorises the payment initiation service to initiate a single or one-off transaction to the merchant. in such a business model , the obliged entity’s customer for the purpose of aml/cft rules is the merchant , and not the merchant’s customer. therefore , customer due diligence obligations should be applied by the obliged entity vis-a-vis the merchant. ### (34) some business models are based on the obliged entity having a business relationship with a merchant for offering payment initiation services through which the merchant gets paid for the provision of goods or services , and not with the merchant’s customer , who authorises the payment initiation service to initiate one or more transactions to the merchant once or on several separate occasions , and may moreover use account information services as part of that service. in such a business model , the obliged entity’s customer for the purpose of aml/cft rules is the merchant , and not the merchant’s customer , both for the establishment of the business relationship and for the occasional transactions. therefore , customer due diligence obligations should be applied by the obliged entity only vis-a-vis the merchant. if the same obliged entity also provides payment services to the merchant , which brings it into the possession of funds , then the obliged entity’s customer is also the merchant as regards the combined offering of payment initiation services , account information services and payment services. the inherent ml/tf risk associated with aisps and pisps is low. both should therefore , as a rule , be eligible for simplified customer due diligence.


### (34) some business models are based on the obliged entity having a business relationship with a merchant for offering payment initiation services through which the merchant gets paid for the provision of goods or services , and not with the merchant’s customer , who authorises the payment initiation service to initiate a single or one-off transaction to the merchant. in such a business model , the obliged entity’s customer for the purpose of aml/cft rules is the merchant , and not the merchant’s customer. therefore , customer due diligence obligations should be applied by the obliged entity vis-a-vis the merchant. ### (34) some business models are based on the obliged entity having a business relationship only with a merchant for offering payment initiation services through which the merchant gets paid for the provision of goods or services , and not with the merchant’s customer , who authorises the payment initiation service to initiate a single or one-off transaction to the merchant. in such a business model , the obliged entity’s customer for the purpose of aml/cft rules is the merchant , and not the merchant’s customer. therefore , customer due diligence obligations should be applied by the obliged entity vis-a-vis the merchant. certain types of obliged entities in the payment space such as account information service providers as regulated under psd2 are not directly involved in any transactions. therefore , those entities shall not need to apply due diligence procedures. payment initiation services providers should be eligible for simplified customer due diligence.


### (36) technological developments and progress in digitalisation enable a secure remote or electronic identification and verification of prospective and existing customers and can facilitate the remote performance of customer due diligence. the identification solutions as set out in regulation (eu) no 910/2014 of the european parliament and of the council and the proposal for an amendment to it in relation to a framework for a european digital identity35 enable secure and trusted means of customer identification and verification for both prospective and existing customers and can facilitate the remote performance of customer due diligence. the electronic identification as set out in that regulation should be taken into account and accepted by obliged entities for the customer identification process. these means of identification may present , where appropriate risk mitigation measures are in place , a standard or even low level of risk. ### (36) technological developments and progress in digitalisation enable a secure remote or electronic identification and verification of prospective and existing customers and can facilitate the remote performance of customer due diligence. the identification solutions as set out in regulation (eu) no 910/2014 of the european parliament and of the council and the proposal for an amendment to it in relation to a framework for a european digital identity35 enable secure and trusted means of customer identification and verification for both prospective and existing customers and can facilitate the remote performance of customer due diligence. the electronic identification as set out in that regulation should be taken into account and accepted by obliged entities for the customer identification process. these means of identification may present , the same level of risk as face-to-face onboarding , where appropriate risk mitigation measures are in place.


### (50) third countries “subject to a call for action” by the relevant international standard-setter (the fatf) present significant strategic deficiencies of a persistent nature in their legal and institutional aml/cft frameworks and their implementation which are likely to pose a high risk to the union’s financial system. the persistent nature of the significant strategic deficiencies , reflective of the lack of commitment or continued failure by the third country to tackle them , signal a heightened level of threat emanating from those third countries , which requires an effective , consistent and harmonised mitigating response at union level. therefore , obliged entities should be required to apply the whole set of available enhanced due diligence measures to occasional transactions and business relationships involving those high-risk third countries to manage and mitigate the underlying risks. furthermore , the high level of risk justifies the application of additional specific countermeasures , whether at the level of obliged entities or by the member states. such approach would avoid divergence in the determination of the relevant countermeasures , which would expose the entirety of union’s financial system to risks. given its technical expertise , amla can provide useful input to the commission in identifying the appropriate countermeasures. ### (50) third countries “subject to a call for action” by the relevant international standard-setter (the fatf) present significant strategic deficiencies of a persistent nature in their legal and institutional aml/cft frameworks and their implementation which are likely to pose a high risk to the union’s financial system. the persistent nature of the significant strategic deficiencies , reflective of the lack of commitment or continued failure by the third country to tackle them , signal a heightened level of threat emanating from those third countries , which requires an effective , consistent and harmonised mitigating response at union level. therefore , obliged entities should be required to apply the whole set of available enhanced due diligence measures to occasional transactions and business relationships involving those high-risk third countries to manage and mitigate the underlying risks. furthermore , the high level of risk justifies the application of additional specific countermeasures , whether at the level of obliged entities or by the member states. such approach would avoid divergence in the determination of the relevant countermeasures , which would expose the entirety of union’s financial system to risks. given its technical expertise , amla can provide useful input to the commission in identifying countermeasures proportionate to the level of risk.


### (51) compliance weaknesses in both the legal and institutional aml/cft framework and its implementation of third countries which are subject to “increased monitoring” by the fatf are susceptible to be exploited by criminals. this is likely to represent a risk for the union’s financial system , which needs to be managed and mitigated. the commitment of these third countries to address identified weaknesses , while not eliminating the risk , justifies a mitigating response , which is less severe than the one applicable to high-risk third countries. in these cases , union’s obliged entities should apply enhanced due diligence measures to occasional transactions and business relationships when dealing with natural persons or legal entities established in those third countries that are tailored to the specific weaknesses identified in each third country. such granular identification of the enhanced due diligence measures to be applied would , in line with the risk-based approach , also ensure that the measures are proportionate to the level of risk. to ensure such consistent and proportionate approach , the commission should be able to identify which specific enhanced due diligence measures are required in order to mitigate country-specific risks. given amla’s technical expertise , it can provide useful input to the commission to identify the appropriate enhanced due diligence measures. ### (51) compliance weaknesses in both the legal and institutional aml/cft framework and its implementation of third countries which are subject to “increased monitoring” by the fatf are susceptible to be exploited by criminals. this is likely to represent a risk for the union’s financial system , which needs to be managed and mitigated. the commitment of these third countries to address identified weaknesses , while not eliminating the risk , justifies a mitigating response , which is less severe than the one applicable to high-risk third countries. in these cases , union’s obliged entities should apply enhanced due diligence measures to occasional transactions and business relationships when dealing with natural persons or legal entities established in those third countries that are tailored to the specific weaknesses identified in each third country. such granular identification of the enhanced due diligence measures to be applied would , in line with the risk-based approach , also ensure that the measures are proportionate to the level of risk. to ensure such consistent and proportionate approach , the commission should be able to identify which specific enhanced due diligence measures are required in order to mitigate country-specific risks or risks in the territory in question. given amla’s technical expertise , it can provide useful input to the commission to identify enhanced due diligence measures proportionate to the level of risk of the activities carried out in third countries.


### (52) countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the union’s financial system. to mitigate those risks , it should be possible for the commission to take action by identifying , based on a clear set of criteria and with the support of amla , third countries posing a specific and serious threat to the union’s financial system , which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their aml/cft regime , and the relevant mitigating measures. those third countries should be identified by the commission. according to the level of risk posed to the union’s financial system , the commission should require the application of either all enhanced due diligence measures and country-specific countermeasures , as it is the case for high-risk third countries , or country-specific enhanced customer due diligence , such as in the case of third countries with compliance weaknesses. ### (52) countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the union’s financial system. to mitigate those risks , it should be possible for the commission to take action by identifying , based on a clear set of criteria and with the support of amla , and other eu bodies involved in the framework for combating money laundering / terrorist financing third countries posing a specific and serious threat to the union’s financial system , which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their aml/cft regime , and the relevant mitigating measures. those third countries should be identified by the commission. according to the level of risk posed to the union’s financial system , the commission should require the application of either all enhanced due diligence measures and country-specific countermeasures , as it is the case for high-risk third countries , or country-specific enhanced customer due diligence , such as in the case of third countries with compliance weaknesses.


### (52) countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the union’s financial system. to mitigate those risks , it should be possible for the commission to take action by identifying , based on a clear set of criteria and with the support of amla , third countries posing a specific and serious threat to the union’s financial system , which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their aml/cft regime , and the relevant mitigating measures. those third countries should be identified by the commission. according to the level of risk posed to the union’s financial system , the commission should require the application of either all enhanced due diligence measures and country-specific countermeasures , as it is the case for high-risk third countries , or country-specific enhanced customer due diligence , such as in the case of third countries with compliance weaknesses. ### (52) countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the union’s financial system. to mitigate those risks , it should be possible for the commission to take action by identifying , based on a clear set of criteria and with the support of amla , third countries posing a specific and serious threat to the union’s financial system , which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their aml/cft regime , and the relevant mitigating measures. those third countries should be identified by the commission. according to the level of risk posed to the union’s financial system , the commission should require the application of either all enhanced due diligence measures and country-specific countermeasures , as it is the case for high-risk third countries , or the territory in question , or country-specific enhanced customer due diligence , such as in the case of third countries with compliance weaknesses.


### (57) when customers are no longer entrusted with a prominent public function , they can still pose a higher risk , for example because of the informal influence they could still exercise , or because their previous and current functions are linked. it is essential that obliged entities take into consideration those continuing risks and apply one or more enhanced due diligence measures until such time that the individuals are deemed to pose no further risk , and in any case for not less than 12 months following the time when they are no longer entrusted with a prominent public function. ### (57) when customers are no longer entrusted with a prominent public function , they can still pose a higher risk , for example because of the informal influence they could still exercise , or because their previous and current functions are linked. it is essential that obliged entities take into consideration those continuing risks and apply one or more enhanced due diligence measures until such time that the individuals are deemed to pose no further risk , and in any case for not less than 12 months following the time when they are no longer entrusted with a prominent public function. the assessment of whether that person poses an additional risk should be evaluated on a regular basis , until such additional risk ceases. a specific approach for persons that are entrusted with a prominent public function for a period of less than 1 year is needed to ensure the proportionality of the set of rules regarding this dimension of this regulation.


### (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 that fully comply with gdpr , such as aml compliance entities , 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.


### (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 , 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. these guidelines must ensure that third-party reliance and outsourcing can only take place when third-parties fully comply with gdpr.


### (65) detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. while a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners , it should be one factor among others to be taken into account. member states should be able , however , to decide that a percentage lower than 25% may be an indication of ownership or control. control through ownership interest of 25% plus one of the shares or voting rights or other ownership interest should be assessed on every level of ownership , meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined. ### (65) detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. while a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners , it should be one factor among others to be taken into account. member states should be able , however , to decide that a percentage lower than 25% may be an indication of ownership or control. control through ownership interest of at least 25% plus one of the shares or voting rights or other ownership interest should be assessed on every level of ownership , meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.


### (72) there is a need to ensure a level playing field among the different types of legal forms and to avoid the misuse of trusts and legal arrangements , which are often layered in complex structures to further obscure beneficial ownership. trustees of any express trust administered in a member state should thus be responsible for obtaining and holding adequate , accurate and current beneficial ownership information regarding the trust , and for disclosing their status and providing this information to obliged entities carrying out costumer due diligence. any other beneficial owner of the trust should assist the trustee in obtaining such information. ### (72) there is a need to ensure a level playing field among the different types of legal forms and to avoid the misuse of trusts and legal arrangements , which are often layered in complex structures to further obscure beneficial ownership. trustees of any express trust administered in a member state should thus be responsible for obtaining and holding adequate , accurate and current beneficial ownership information regarding the trust , and for disclosing their status and providing this information to obliged entities carrying out costumer due diligence. any other beneficial owner of the trust should assist the trustee in obtaining such information. account should be taken of the specific legal concept of the trust in common law jurisdictions and the fact that the beneficial owner may not always be identifiable , particularly in the case of secret , half-secret , resulting , or purpose/charitable trusts or that the number of beneficial owners may be so extensive that maintaining a full and complete register may not be feasible.


### (93) the anonymity of crypto-assets exposes them to risks of misuse for criminal purposes. anonymous crypto-asset wallets do not allow the traceability of crypto-asset transfers , whilst also making it difficult to identify linked transactions that may raise suspicion or to apply to adequate level of customer due diligence. in order to ensure effective application of aml/cft requirements to crypto-assets , it is necessary to prohibit the provision and the custody of anonymous crypto-asset wallets by crypto-asset service providers. ### (93) the nature of crypto-assets can expose them to risks of misuse for criminal purposes. in order to ensure effective , fair and proportionate application of aml/cft requirements to crypto-assets , it is necessary to regulate the provision and the custody of anonymous crypto-asset wallets by crypto-asset service providers.


### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 10 000. member states should be able to adopt lower thresholds and further stricter provisions. ### deleted


### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 10 000. member states should be able to adopt lower thresholds and further stricter provisions. ### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 10 000. member states should be able to adopt lower thresholds and further stricter provisions. in the event of a breach of this threshold or indications that the cash is linked to criminal activity , member states should identify the owner and recipient of the cash and provide access to this information to the financial intelligence units , and in the case of indications that cash is linked to criminal activities - to law enforcement and , in cross-border cases , to europol.


### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 10 000. member states should be able to adopt lower thresholds and further stricter provisions. ### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 3 000. member states should be able to adopt lower thresholds and further stricter provisions.


### an undertaking other than a credit institution or an investment firm , which carries out one or more of the activities listed in points (2) to (12) , (14) and (15) of annex i to directive 2013/36/eu of the european parliament and of the council43 , including the activities of currency exchange offices (bureaux de change) , or the principal activity of which is to acquire holdings , including a financial holding company and a mixed financial holding company; ### an undertaking other than a credit institution or an investment firm , which carries out one or more of the activities listed in points (2) to (12) , (14) and (15) of annex i to directive 2013/36/eu of the european parliament and of the council43 , including the activities of currency exchange offices (bureaux de change) , or the principal activity of which is to acquire holdings , including a financial holding company and a mixed financial holding company , but excluding the activities listed in points (7) and (8) of annex i to directive (eu) 2015/2366;


### an insurance undertaking as defined in article 13 , point (1) of directive 2009/138/ec of the european parliament and of the council44 , insofar as it carries out life or other investment-related assurance activities covered by that directive , including insurance holding companies and mixed-activity insurance holding companies as defined , respectively , in article 212(1) , points (f) and (g) of directive 2009/138/ec; ### an insurance undertaking as defined in article 13 , point (1) of directive 2009/138/ec of the european parliament and of the council44 , insofar as it carries out investment-related life assurance activities , including insurance holding companies and mixed-activity insurance holding companies , where life assurance activities are carried out , as defined , respectively , in article 212(1) , points (f) and (g) of directive 2009/138/ec;


### (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 that , by way of its business , provides any of the following services to publicly identifiable third parties:


### (8) ‘gambling services’ means a service which involves wagering a stake with monetary value in games of chance , including those with an element of skill such as lotteries , casino games , poker games and betting transactions that are provided at a physical location , or by any means at a distance , by electronic means or any other technology for facilitating communication , and at the individual request of a recipient of services; ### (8) ‘gambling services’ means a service which involves wagering a stake with monetary value , also in the form of chargeable communications , in games of chance , including those with an element of skill such as lotteries , casino games , poker games and betting transactions that are provided at a physical location , or by any means at a distance , by electronic means or any other technology for facilitating communication , and at the individual request of a recipient of services;


### (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 which is directly 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;


### (22) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal entity or express trust or similar legal arrangement , as well as any natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted; ### (22) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal entity or express trust or similar legal arrangement , as well as any publicly identifiable natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted;


### heads of state , heads of government , ministers and deputy or assistant ministers; ### heads of state , heads of government , ministers and deputy or assistant ministers , regardless their official designation;


### (ii) members of parliament or of similar legislative bodies; ### (ii) members of parliament or of similar legislative bodies , namely regional legislative bodies;


### a public authority with designated responsibilities for combating money laundering or terrorist financing; ### a public authority with designated responsibilities preventing or combating money laundering or terrorist financing;


### 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 , 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 , with the exception of mutual advice and assistance for domestic workers , with regard to tax matters , organised in the form of a self-help association.


### 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 , 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 , the principle of proportionality and , where appropriate , the scale of operations of such services.


### 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. member states may decide to exempt , in full or in part , state 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 detailed justification based on the relevant risk assessment for the exemption. if deemed appropriate , the member states shall provide further evidence to support their intended decision.


### those policies , controls and procedures shall be proportionate to the nature and size of the obliged entity. ### those policies , controls and procedures shall be proportionate to the nature , type of activity and size of the obliged entity.


### the verification , when recruiting and assigning staff to certain tasks and functions and when appointing its agents and distributors , that those persons are of good repute , proportionate to the risks associated with the tasks and functions to be performed; ### the verification , when recruiting and assigning staff to certain tasks and functions and when appointing its agents and distributors , that those persons have the technical ability and knowledge proportionate to the risks associated with the tasks and functions to be performed;


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of at least 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership.


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 33% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on the first level of ownership.


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘direct control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest of a natural person in the corporate entity , including through bearer shareholdings.


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘control through an ownership interest’ shall mean a direct or an indirect ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings.


### for the purpose of this article , ‘control via other means’ shall include at least one of the following: ### deleted


### for the purpose of this article , ‘control via other means’ shall include at least one of the following: ### for the purpose of this article , ‘indirect control through an ownership interest’ shall mean the holding of a corresponding ownership interest in one or more corporate entities controlled by a natural person.


### the ability to exert a significant influence on the decisions taken by the corporate entity , including veto rights , decision rights and any decisions regarding profit distributions or leading to a shift in assets; ### the exercise of dominant influence over the decisions taken by the corporate entity , including veto rights , decision rights and any decisions regarding profit distributions or leading to a shift in assets;


### links with family members of managers or directors/those owning or controlling the corporate entity; ### deleted


### links with family members of managers or directors/those owning or controlling the corporate entity; ### links with first-degree relatives of managers or directors/those owning or controlling the corporate entity;


### 2. in case of legal entities other than corporate entities , the beneficial owner(s) as defined in article 2(22) shall be the natural person identified according to paragraph 1 of this article , except where article 43(2) applies. ### 2. in case of legal entities other than corporate entities , the beneficial owner(s) as defined in article 2(22) shall be the publicly identifiable natural person identified according to paragraph 1 of this article , except where article 43(2) applies.


### identification of beneficial owners for express trusts and similar legal entities or arrangements ### identification of beneficial owners for express trusts


### the first name and surname , full place and date of birth , residential address , country of residence and nationality or nationalities of the beneficial owner , national identification number and source of it , such as passport or national identity document , and , where applicable , the tax identification number or other equivalent number assigned to the person by his or her country of usual residence; ### the first name and surname , full place and date of birth , country of residence and nationality of the beneficial owner;


### the first name and surname , full place and date of birth , residential address , country of residence and nationality or nationalities of the beneficial owner , national identification number and source of it , such as passport or national identity document , and , where applicable , the tax identification number or other equivalent number assigned to the person by his or her country of usual residence; ### the first name and surname , full place and date of birth , residential address , country of residence and nationality or nationalities of the beneficial owner;


### the nature and extent of the beneficial interest held in the legal entity or legal arrangement , whether through ownership interest or control via other means , as well as the date of acquisition of the beneficial interest held; ### the nature and extent of the beneficial interest held in the legal entity or legal arrangement , whether through ownership interest or control via other means;


### 2. beneficial ownership information shall be obtained within 14 calendar days from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than 14 calendar days following any change of the beneficial owner(s) , and on an annual basis. ### 2. beneficial ownership information shall be obtained within 21 calendar days from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than 21 calendar days following any change of the beneficial owner(s) , and on an annual basis.


### (2) beneficial ownership information shall be obtained within 14 calendar days from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than 14 calendar days following any change of the beneficial owner(s) , and on an annual basis. ### (2) beneficial ownership information shall be obtained within four weeks from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than four weeks following any change of the beneficial owner(s) , and on an annual basis.


### 2. beneficial ownership information shall be obtained within 14 calendar days from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than 14 calendar days following any change of the beneficial owner(s) , and on an annual basis. ### 2. beneficial ownership information shall be obtained within 30 calendar days from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than 30 calendar days following any change of the beneficial owner(s).


### the beneficial owner(s) of corporate or other legal entities shall provide those entities with all the information necessary for the corporate or other legal entity. ### the beneficial owner(s) of corporate or other legal entities shall provide those entities with all the information necessary for the corporate or other legal entity and shall inform obliged entities without undue delay about all changes relating to beneficial ownership.


### (5) the information referred to in paragraph 4 shall be maintained for five years after the date on which the companies are dissolved or otherwise ceases to exist , whether by persons designated by the entity to retain the documents , or by administrators or liquidators or other persons involved in the dissolution of the entity. the identity and contact details of the person responsible for retaining the information shall be reported to the registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final]. ### (5) the information referred to in paragraph 4 shall be maintained for five years after the date on which the companies are dissolved or otherwise ceases to exist , whether by persons designated by the entity to retain the documents , or by administrators or liquidators or other persons involved in the dissolution of the entity.


### 1. obliged entities shall report to the fiu all suspicious transactions , including attempted transactions. ### 1. obliged entities shall report to the fiu all suspicions of money laundering , predicate offences and terrorist financing including on attempted transactions.


### reporting to the fiu , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds , regardless of the amount involved , are the proceeds of criminal activity or are related to terrorist financing , and by responding to requests by the fiu for additional information in such cases; ### reporting to the fiu , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds or assets , regardless of the amount involved , are the proceeds of criminal activity or are related to terrorist financing , and by responding to requests by the fiu for additional information in such cases;


### reporting to the fiu , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds , regardless of the amount involved , are the proceeds of criminal activity or are related to terrorist financing , and by responding to requests by the fiu for additional information in such cases; ### reporting to the fiu , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds are the proceeds of criminal activity or are related to terrorist financing , and by responding to requests by the fiu for additional information in such cases;


### for the purposes of points (a) and (b) , obliged entities shall reply to a request for information by the fiu within 5 days. in justified and urgent cases , fius shall be able to shorten such a deadline to 24 hours. ### for the purposes of points (a) and (b) , obliged entities shall reply to a request for information by the fiu within 5 days , if due to a sense of urgency this deadline of 5 days is explicitly requested by the fiu. in justified and urgent cases , fius shall be able to shorten such a deadline to 24 hours.


### (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 , including providing advice on instituting or avoiding such proceedings , whether such information is received or obtained before , during or after such proceedings. however , the requirements under article 50(1) shall apply where the obliged entity knows that legal advice or legal representation has been or is being used for the purpose of money laundering or terrorist financing. within the limits of union law , member states may adopt or maintain rules in order to apply the requirements under article 50(1) to obliged entities in other instances , notwithstanding the professional secrecy obligations of those obliged entities.


### 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 , external and in-house 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.


### 5. for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , in cases relating to the same customer and the same transaction involving two or more obliged entities , and by way of derogation from paragraph 1 , disclosure may take place between the relevant obliged entities provided that they are located in the union , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements. ### 5. for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , by way of derogation from paragraph 1 , disclosure may take place between two or more relevant obliged entities provided that they are located in the union , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements , in the following cases:


### (5) for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , in cases relating to the same customer and the same transaction involving two or more obliged entities , and by way of derogation from paragraph 1 , disclosure may take place between the relevant obliged entities provided that they are located in the union , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements. ### (5) for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , in cases relating to the same person (natural or legal) as customer and/or the same transaction or the same network of persons (natural and legal) and transactions involving two or more obliged entities , and by way of derogation from paragraph 1 , disclosure may take place between the relevant obliged entities provided that they are located in the union internal market , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements.


### 1. to the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing , obliged entities may process special categories of personal data referred to in article 9(1) of regulation (eu) 2016/679 and personal data relating to criminal convictions and offences referred to in article 10 of that regulation subject to the safeguards provided for in paragraphs 2 and 3. ### 1. to the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing , obliged entities may process personal data , including special categories of personal data referred to in article 9(1) of regulation (eu)2016/679 and personal data relating to criminal convictions and offences referred to in article 10 of that regulation subject to the safeguards provided for in paragraphs 2 and 3. on the basis of this regulation only to the extent that it is necessary and proportionate for the purposes of the prevention of money laundering and terrorist financing obliged entities may share this data with other obliged entities.


### 3. the information referred to in paragraphs 1 and 2 shall be retained for a period of five years after the end of a business relationship with their customer or after the date of an occasional transaction. upon expiry of that retention period , obliged entities shall delete personal data. ### 3. the information referred to in paragraph 1 shall be retained for a period of five years after the end of a business relationship with their customer. the information referred to in paragraph 2 shall be retained for a period of at least five years after the transaction or after the date of an occasional transaction. upon expiry of that retention period , obliged entities shall delete personal data.


### (3) the information referred to in paragraphs 1 and 2 shall be retained for a period of five years after the end of a business relationship with their customer or after the date of an occasional transaction. upon expiry of that retention period , obliged entities shall delete personal data. ### (3) customer data shall be retained for a period of five years after the end of a business relationship and transaction data shall be retained for five years after the date of an occasional transaction. upon expiry of that retention period , obliged entities shall delete personal data.


### vii measures to mitigate risks deriving from anonymous instruments ### vii measures to mitigate risks deriving from anonymous products/services


### 1. credit institutions , financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts , anonymous passbooks , anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any account otherwise allowing for the anonymisation of the customer account holder. ### 1. credit institutions , financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts , anonymous passbooks , anonymous safe-deposit boxes or instruments used for anonymising crypto-asset wallets as well as any account otherwise allowing for the anonymisation of the customer account holder.


### article 59 ### deleted


### 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 3 000 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.


### payments or deposits made at the premises of credit institutions. in such cases , the credit institution shall report the payment or deposit above the limit to the fiu. ### payments or deposits made at the premises of credit institutions.


### financial products or services that provide appropriately defined and limited services to certain types of customers , so as to increase access for financial inclusion purposes; ### financial products or services that provide appropriately defined and limited services to certain types of customers , so as to increase access for financial inclusion purposes; this category includes , inter alia , sme guarantees;


### financial products or services that provide appropriately defined and limited services to certain types of customers , so as to increase access for financial inclusion purposes; ### financial products or services that provide appropriately defined and limited services to certain types of customers , so as to increase access for financial inclusion purposes , such as the provision of financial guarantees;


### businesses that are cash-intensive; ### deleted


### new products and new business practices , including new delivery mechanism , and the use of new or developing technologies for both new and pre-existing products; ### deleted


### transactions related to oil , arms , precious metals , tobacco products , cultural artefacts and other items of archaeological , historical , cultural and religious importance , or of rare scientific value , as well as ivory and protected species; ### transactions related to oil , arms , precious metals , cultural artefacts and other items of archaeological , historical , cultural and religious importance , or of rare scientific value , as well as ivory and protected species;


### unavoidable habitat transformations which are directly caused by climate change; or ### unavoidable habitat transformations which are directly caused by climate change , accidental pollution , or diseases; or


### unavoidable habitat transformations which are directly caused by climate change: or ### unavoidable habitat transformations which are directly caused by climate change , accidental pollution , or diseases; or:


### an increase of habitat area in good condition for habitat types listed in annex ii until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached; ### an increase of habitat area in favourable conservation status for habitat types listed in annex ii;


### an increase of habitat area in good condition for habitat types listed in annex ii until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached; ### an increase of habitat area in favourable conservation status for habitat types listed in annex ii until at least 90% has a favourable conservation status;


### 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 where such barriers have been specifically demonstrated by a local impact study to be harmful to ecosystems , such a study involving local administrative authorities and the stakeholders active in managing such ecosystems; they shall identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in article 4 and following of this regulation and of the objective of restoring rivers into free-flowing rivers in the union by 2030 where relevant , 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 the achievement of good ecological potential and good surface water chemical status as defined in directive 2000/60/ec;


### 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 structures that form barriers to longitudinal and/or lateral connectivity of surface waters and identify the structures that need to be adjusted or , for those that have been specifically demonstrated by a local impact study to be harmful to ecosystems , removed to contribute to the achievement of the restoration targets set out in article 4 of this regulation and of the objective of restoring rivers into free-flowing rivers in the union by 2030 where relevant , without prejudice to directive 2000/60/ec , in particular articles 1(a) , (b) and (e) and 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 identify the barriers already removed and those 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 shall , in addition to the removal of the barriers referred to in paragraph 2 , take all measures necessary to improve the natural functions of the related floodplains.


### 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 support the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.


### iii national restoration plans ### iii national nature restoration plans*


### 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 , in close cooperation with local and regional authorities and respective management authorities , 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. ### 1. member states should 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.


### 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 articles 4(1) , 4(2) , 5(1) and 5(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 should 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 articles 4(1) , 4(2) , 5(1) and 5(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 should be based , amongst others , on the following information:


### (ii) the habitat area not in good condition; ### (ii) the habitat area evaluated as not in good condition;


### 3. member states shall set , by 2030 at the latest , satisfactory levels for each of the indicators referred to in articles 8(1) , 9(2) and 10(2) , through an open and effective process and assessment , based on the latest scientific evidence and , if available , the framework referred to in article 17(9). ### 3. member states should set , by 2030 at the latest , satisfactory levels for each of the indicators referred to in articles 8(1) , 9(2) and 10(2) , through an open and effective process and assessment , based on the latest scientific evidence and , if available , the framework referred to in article 17(9).


### 4. member states shall identify and map the agricultural and forest areas in need of restoration , in particular the areas that , due to intensification or other management factors , are in need of enhanced connectivity and landscape diversity. ### 4. member states should identify and map the agricultural and forest areas in need of restoration , in particular the areas that , due to intensification or other management factors , are in need of enhanced connectivity and landscape diversity.


### 5. member states shall identify synergies with climate change mitigation , climate change adaptation and disaster prevention and prioritise restoration measures accordingly. member states shall also take into account: ### 5. member states should identify synergies with climate change mitigation , climate change adaptation and disaster prevention and prioritise restoration measures accordingly. member states shall also take into account:


### 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 should 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 should 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. 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 should 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.


### 7. when preparing their national restoration plans , member states shall take the following into account: ### 7. when preparing their national restoration plans , member states should take the following into account:


### national biodiversity strategies and action plans developed in accordance with article 6 of the convention on biological diversity; ### national biodiversity strategies and action plans developed in accordance with article 6 of the convention on biological diversity; as well as local and regional biodiversity strategies and action plans and collaboration mechanisms for integrating the former into the latter and vice versa.


### 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 should , 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 should , 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.


### 10. member states shall , where possible , foster synergies with the national restoration plans of other member states , in particular for ecosystems that span across borders. ### 10. member states should , where possible , foster synergies with the national restoration plans of other member states , in particular for ecosystems that span across borders.


### 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 economic sectors concerned , for the main part , and , as far as possible , the public can participate in its elaboration at a sufficiently early stage and effectively. 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. consultations shall comply with the requirements set out in articles 4 to 10 of directive 2001/42/ec. ### 11. member states should 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 should 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 shall cover the period up to 2030.


### a summary of the process for preparing and establishing the national restoration plan , including information on public participation and of how the needs of local communities and stakeholders have been considered; ### a summary of the process for preparing and establishing the national restoration plan , including information on how local and regional authorities and respective management authorities have been involved in the drafting of the national plan , as well as information on public participation and of how the needs of local communities and stakeholders have been considered;


### a summary of the process for preparing and establishing the national restoration plan , including information on public participation and of how the needs of local communities and stakeholders have been considered; ### a summary of the process for preparing and establishing the national restoration plan , including the corresponding prior socio-economic impact assessment , information on the economic sectors concerned , on public participation and of how the needs of local communities and stakeholders have been considered;


### 3. the national restoration plans shall , where applicable , include the conservation measures that a member state intends to adopt under the common fisheries policy , including conservation measures in joint recommendations that a member state intends to initiate in accordance with the procedure set out in regulation (eu) no 1380/2013 , and any relevant information on those measures. ### 3. the national restoration plans shall , where applicable , include the conservation measures that a member state intends to adopt under the common fisheries policy , including conservation measures in joint recommendations that a member state intends to initiate in accordance with the procedure set out in regulation (eu) no 1380/2013 , including the corresponding prior socio-economic impact assessment , information on the economic sectors concerned and any other relevant information on those measures.


### 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 24 months after the date of entry into force of this regulation]. the commission shall make these draft plans available to the public.


### 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 an initial draft of the national restoration plan referred to in articles 11 and 12 containing basic estimates up to 2030 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].


### 1. member states shall review their national restoration plan at least once every 10 years , in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. ### 1. member states shall review their national nature restoration plan at least once every 5 years , in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change , and its impact on food security and the competitiveness of economic sectors.


### 1. member states shall review their national restoration plan at least once every 10 years , in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. ### 1. member states shall review their national restoration plan by 2030 in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change.


### 1. member states shall ensure that members of the public , in accordance with national law , that have a sufficient interest or that maintain the impairment of a right , have access to a review procedure before a court of law , or an independent and impartial body established by law , to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities , regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan. ### 1. member states shall ensure that members of the public , in accordance with national law , have the right to participate effectively during the environmental decision-making by submitting , in writing or , as appropriate , at a public hearing or inquiry with the applicant , any comments , information , analyses or opinions that it considers relevant to the proposed national plan and can have access if applicable to administrative or judiciary authorities to review or challenge the national restorations plan. in case , the public is represented by an ngo , a direct interest and the transparency regarding the funding of this ngo should be established before obtaining these accesses.


### 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.


### 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. for the purposes of paragraph 1 , only recognised non-governmental organisation having published their funding and objectives and meeting all requirements under national law should be deemed to have sufficient interest.


### 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. 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.


### 3. review procedures referred to in paragraph 1 shall be fair , equitable , timely and free of charge or not prohibitively expensive , and shall provide adequate and effective remedies , including injunctive relief where necessary. ### 3. the participation and review procedures referred to in paragraph 1 shall be fair , equitable , timely and free of charge or not prohibitively expensive , and shall provide adequate and effective remedies , avoiding both forum shopping and the proliferation of appeals aimed at blocking any initiative in this field.


### this regulation shall be binding in its entirety and directly applicable in all member states. ### deleted


### the classification of marine habitat types used , differentiated by marine biogeographical regions , is made according to the european nature information system (eunis) , as revised for the marine habitats typology in 2022 by the european environment agency (eea). the information on the related habitats listed in annex i of council directive 92/43/eec is based on the crosswalk published by the eea in 2021128 . ### deleted


### marine species referred to in article 5(3) ### the list below includes the marine species listed in annexes ii , iv and v to directives 2/43/eec and 2009/147/ec.


### list of examples of restoration measures referred to in article 11(8) ### list of examples of restoration measures referred to in article 11(8) and in accordance with species lisited in birds and habitats directives annexes


### (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 , for example by minimising the impact of fishing


### (24) minimise negative impacts of fishing activities on the marine ecosystem , for example by using gear with less impact on seabed. ### (24) reduce the negative impacts of fishing activities as laid down by regulation (eu) no 1380/2013.


### proposal for a regulation of the european parliament and of the council on nature restoration (text with eea relevance) ### proposal for a directive* of the european parliament and of the council on nature restoration (text with eea relevance)


### proposal for a regulation of the european parliament and of the council on nature restoration (text with eea relevance) ### proposal for a directive of the european parliament and of the council on nature restoration (text with eea relevance)


### 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 articles 11 , 38 , 39 and 192(1) 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 ensure the recovery to biodiverse and resilient nature , while also ensuring the food productivity and food security 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. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives. ### (1) it is necessary to ensure the recovery to biodiverse and resilient nature , while also ensuring our food productivity across the union territory. restoring biodiversity 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. 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 , in a balanced context with guaranteed food security. 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. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives. ### (1) it is necessary to work on the recovery to biodiverse and resilient nature , while ensuring food supply , productivity and security across the union territory. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives.


### (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. ### (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. at the same time , the strategy highlights there is an intrinsic link between biodiversity and food security , highlighting the vital role farmers play in preserving biodiversity in the eu but also the crucial role biodiversity plays in providing farmers with the income they need to thrive and develop. the eu biodiversity strategy for 2030 states that european farmers are an essential part of the eu’s future and must continue to be the social and economic hub of many communities across the union. it also 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 a plan to prevent and reduce the impact of natural disasters. moreover , the strategy focuses on the impact of achieving targets , highlighting the fact that progress towards the target of protecting biodiversity must be kept under constant review , with adjustment if needed , to mitigate against undue impact on biodiversity , food security and farmers’ competitiveness.


### (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. ### (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 , subject to impact assessments , 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.


### (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


### (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. ### (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 , called for a restoration target of at least 30% of the eu’s land and seas , 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.


### (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. ### (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 across 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 , which applies in particular to areas with no or very low population density and human activities. placing such areas , including in the marine environment , under stricter 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.


### (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. ### (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 , with a view to respecting local , regional and national specificities , and that , in selecting and prioritising the species and habitats to be improved by 2030 , proportional synergies with other union and international targets , in particular environmental or climate policy targets and ensuring food security in the eu , are to be sought.