### 13. highlights the importance of work-life balance for women entrepreneurs and self-employed; calls on member states to support social frameworks , such as flexible childcare , that are essential to encouraging more women to take part in entrepreneurship; welcomes actions already taken by member states on this matter; recognises national differences in social policy and respect for subsidiarity; ### 13. highlights the importance of work-life balance for women entrepreneurs and self-employed; calls on member states to support social frameworks , such as flexible childcare , that are essential to encouraging more women to take part in entrepreneurship; stresses the importance to achieve equal share of domestic and care responsibilities between genders and calls for equal fully paid and non-transferable maternity , paternity and parental leave between parents; welcomes actions already taken by some member states on this matter and urges them to ensure universal access to quality childcare and long term care services and to promote access for self-employed workers to public services and relevant tax and social advantages in the area of childcare;


### (1) pursuant to article 3 of the treaty on european union , the aims of the union are , inter alia , to promote the well-being of its peoples and to work for the sustainable development of europe based on a highly competitive social market economy. ### (1) pursuant to article 3 of the treaty on european union , the aims of the union are , inter alia , to promote gender equality and social justice the well-being of its peoples and to work for the sustainable development of europe based on a highly competitive social market economy.


### (3) the european social charter establishes that all workers have the right to just conditions of work. it recognises the right of all workers to a fair remuneration sufficient for a decent standard of living for themselves and their families. article 4 of the charter recognises the role of freely concluded collective agreements as well as of statutory minimum wage setting mechanisms , to ensure the effective exercise of this right. ### (3) the european social charter establishes that all workers , including young people , domestic workers and carers , have the right to just conditions of work. it recognises the right of all workers to a fair remuneration sufficient for a decent standard of living for themselves and their families. article 4 of the charter recognises the role of freely concluded collective agreements as well as of statutory minimum wage setting mechanisms , to ensure the effective exercise of this right. it recognizes the right to equal pay for work of equal value and the right for workers to equal opportunities and equal treatment in matters of employment and occupation without discrimination. it establishes the right to protection against poverty and social exclusion and the right to a remuneration which gives the worker and their families a decent standard of living.


### (4) chapter ii of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , establishes a set of principles to serve as a guide towards ensuring fair working conditions. principle no 6 of the european pillar of social rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. it also provides that adequate minimum wages shall be ensured , in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions , whilst safeguarding access to employment and incentives to seek work. furthermore , it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way and respecting the autonomy of the social partners. ### (4) chapter ii of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , establishes a set of principles to serve as a guide towards ensuring fair working conditions. principle nº 2 and nº 3 provide for equality of treatment and opportunities regarding participation in the labour market , terms and conditions of employment and career progression between genders and regardless of racial or ethnic origin , religion or belief , disability , age or sexual orientation. principle no 6 of the european pillar of social rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. it also provides that adequate minimum wages shall be ensured , in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions , whilst safeguarding access to employment and incentives to seek work. furthermore , it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way and respecting the autonomy of the social partners.


### (6) better working and living conditions , including through adequate minimum wages , benefit both workers and businesses in the union and are a prerequisite for achieving inclusive and sustainable growth. addressing large differences in the coverage and adequacy of minimum wage protection contributes to improving the fairness of the eu labour market and promote economic , social progress and upward convergence. competition in the single market should be based on high social standards , innovation and productivity improvements ensuring a level playing field. ### (6) better working and living conditions , including through adequate minimum wages and pay transparency benefit workers society and the economy in the union and are a prerequisite for achieving inclusive and sustainable growth. addressing large differences in the coverage and adequacy of minimum wage protection contributes to improving the fairness of the eu labour market , favours gender equality and promote economic , social progress and upward convergence. competition in the single market should be based on high social standards , innovation and productivity improvements ensuring a level playing field.


### (8) women , young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. during economic downturns , such as the covid-19 crisis , the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. addressing minimum wage contributes to gender equality , closing the gender pay and pension gap as well as elevating women out of poverty. ### (8) women , young and low-skilled workers migrants and persons from racial or ethnic backgrounds , persons with disabilities , and those who suffer from multiple and intersectional forms of discrimination have a higher probability of being minimum wage or low wage earners than other groups or of being excluded from any form of wage protection. during economic downturns , such as the covid-19 crisis , the role of minimum wages in protecting low-wage workers shows the essential need of supporting a sustainable and inclusive economic recovery underlined with strong social protection systems. rising minimum wage has a potential to contribute to gender equality , to fight against the undervaluation of work performed by women and the unjustified low pay in female-dominated sectors and to reduce the gender pay and pension gap as well as elevating women out of poverty.


### (9) the covid-19 pandemic is having a significant impact on the services sector and small firms , which both have a high share of minimum wage earners. in addition , minimum wages are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non-standard and precarious work. these trends have led to an increased job polarisation resulting in an increasing share of low-paid and low-skilled occupations in most member states , as well as to higher wage inequality in some of them. ### (9) crisis situations , such as the covid-19 pandemic have always particularly hit hard on women and female-dominated sectors and other sectors with minimum wage or low wage earners and is having a significant impact on the services sector and small firms , which both have a high share of minimum wage earners. in addition , minimum wages are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non-standard and precarious work such as platform workers and care and domestic workers. these trends have led to an increased job polarisation resulting in an increasing share of low-paid and low-skilled occupations in most member states , as well as to higher wage inequality in some of them.


### (12) not all workers in the union are protected by minimum wages. in some member states some workers , even though they are covered , receive in practice a remuneration below the statutory minimum wage due to the non-respect of existing rules. in particular , such non-compliance has been found to affect notably women , young workers , people with disabilities and agricultural workers. in member states where minimum wage protection is provided only through collective agreements , the share of workers not covered is estimated to vary from 2% to 55% of all workers. ### (12) not all workers in the union are protected by minimum wages. in some member states some workers , even though they are covered , receive in practice a remuneration below the statutory minimum wage due to the non-respect of existing rules. in particular , such non-compliance has been found to affect notably women and female-dominated sectors , young workers , people with disabilities people facing direct , indirect or intersectional forms of discrimination , platform workers , care and domestic workers , agricultural seasonal , short-term workers and self-employed. in member states where minimum wage protection is provided only through collective agreements , the share of workers not covered is estimated to vary from 2% to 55% of all workers.


### (17) this directive should apply to workers who have an employment contract or employment relationship as defined by the law , collective agreements or practice in force in each member state , with consideration to the criteria established by the court of justice of the european union for determining the status of a worker. provided that they fulfil those criteria , domestic workers , on-demand workers , intermittent workers , voucher based-workers , bogus self-employed , platform workers , trainees and apprentices could fall within the scope of this directive. genuinely self-employed persons do not fall within the scope of this directive since they do not fulfil those criteria. the abuse of the status of self-employed persons , as defined in national law , either at national level or in cross-border situations , is a form of falsely declared work that is frequently associated with undeclared work. bogus self-employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship , in order to avoid certain legal or fiscal obligations. such persons should fall within the scope of this directive. the determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship. ### (17) this directive should apply to workers who have an employment contract or employment relationship as defined by the law , collective agreements or practice in force in each member state , with consideration to the criteria established by the court of justice of the european union for determining the status of a worker. provided that they fulfil those criteria , domestic workers , workers in the care sector , on-demand workers , intermittent workers , voucher based-workers , bogus self-employed , platform workers , trainees and apprentices could fall within the scope of this directive. genuinely self-employed persons do not fall within the scope of this directive since they do not fulfil those criteria. the abuse of the status of self-employed persons , as defined in national law , either at national level or in cross-border situations , is a form of falsely declared work that is frequently associated with undeclared work. bogus self-employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship , in order to avoid certain legal or fiscal obligations. such persons should fall within the scope of this directive. the determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship.


### (21) minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. the adequacy of statutory minimum wages is determined in view of the national socio-economic conditions , including employment growth , competitiveness as well as regional and sectoral developments. their adequacy should be assessed at least in relation to their purchasing power , to the productivity developments and to their relation to the gross wage levels , distribution and growth. the use of indicators commonly used at international level , such as 60% of the gross median wage and 50% of the gross average wage , can help guide the assessment of minimum wage adequacy in relation to the gross level of wages. ### (21) minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. the adequacy of statutory minimum wages is determined in view of the national socio-economic conditions , including employment growth , competitiveness as well as regional and sectoral developments. their adequacy should be assessed at least in relation to their purchasing power , to the productivity developments and to their relation to the gross wage levels , distribution and growth the at-risk-of-poverty rate before social transfer and the gender pay gap. the adequacy of a minimum wage recognised at international level , is at 60% of the gross median wage and 50% of the gross average wage , can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.


### (28) the reforms and measures adopted by the member states to promote adequate minimum wage protection of workers , while being steps in the right direction , have not been comprehensive and systematic. moreover , individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. since the objectives of this directive cannot be sufficiently achieved by the member states , but can rather , by reason of their scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union. in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives. ### (28) the reforms and measures adopted by the member states to promote adequate minimum wage protection of workers , while being steps in the right direction , have failed to address the gender employment and pay gap and in-work poverty. moreover , individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. since the objectives of this directive cannot be sufficiently achieved by the member states , but can rather , by reason of their scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union. in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives.


### setting adequate levels of minimum wages; ### setting adequate levels of minimum wages that provide for a decent standard of living and contribute to reducing wage inequality and the gender pay gap;


### access of workers to minimum wage protection , in the form of wages set out by collective agreements or in the form of a statutory minimum wage where it exists. ### access of all workers to minimum wage protection without discrimination , , in the form of wages set out by collective agreements or in the form of a statutory minimum wage where it exists.


### this directive applies to workers in the union who have an employment contract or employment relationship as defined by law , collective agreements or practice in force in each member state , with consideration to the case-law of the court of justice of the european union. ### this directive applies to all workers without discrimination in the union who have an employment contract or employment relationship as defined by law , collective agreements or practice in force in each member state , with consideration to the case-law of the court of justice of the european union.


### 1. member states with statutory minimum wages shall take the necessary measures to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote adequacy with the aim to achieve decent working and living conditions , social cohesion and upward convergence. member states shall define those criteria in accordance with their national practices , either in relevant national legislation , in decisions of the competent bodies or in tripartite agreements. the criteria shall be defined in a stable and clear way. ### 1. member states with statutory minimum wages shall take the necessary measures to ensure that the setting and updating of statutory minimum wages contribute to combating poverty , promoting social cohesion , and reducing wage and gender inequalities and are guided by criteria set to promote adequacy with the aim to achieve decent working and living conditions , social cohesion and upward convergence. member states shall define those criteria in accordance with their national practices , either in relevant national legislation , in decisions of the competent bodies or in tripartite agreements. the criteria shall be defined in a stable and clear way.


### the general level of gross wages and their distribution; ### the general level of gross wages and their distribution with the objective of reducing social and gender inequalities;;


### the growth rate of gross wages; ### the growth rate of gross wages with the objective of reducing wage inequalities;


### variations and deductions ### equal treatment and deductions


### 1. member states may allow different rates of statutory minimum wage for specific groups of workers. member states shall keep these variations to a minimum , and ensure that any variation is non-discriminatory , proportionate , limited in time if relevant , and objectively and reasonably justified by a legitimate aim. ### 1. member states shall not allow different rates of statutory minimum wages for specific groups of workers and shall enforce minimum wages in a non-discriminatory manner.


### 2. member states may allow deductions by law that reduce the remuneration paid to workers to a level below that of the statutory minimum wage. member states shall ensure that these deductions from statutory minimum wages are necessary , objectively justified and proportionate. ### 2. member states shall not allow deductions by law that reduce the remuneration paid to workers to a level below that of the statutory minimum wage. member states shall ensure that these deductions from statutory minimum wages are necessary , objectively justified and proportionate.


### the collection of data and the carrying out of studies for the information of statutory minimum wage setting authorities; ### the collection of data disaggregated by gender , and the carrying out of studies for the information of statutory minimum wage setting authorities;


### (ii) the existing variations and the share of workers covered by them; ### deleted


### (iii) the existing deductions; ### deleted


### (iv) the rate of collective bargaining coverage. ### (iv) the rate of collective bargaining coverage and progress made to increase coverage , particularly for vulnerable workers.


### member states shall provide the statistics and information referred to in this paragraph disaggregated by gender , age , disability , company size and sector. ### member states shall provide the statistics and information referred to in this paragraph anonymized and disaggregated by gender , age , disability , company size and sector and when possible by racial and ethnic background. member states shall conduct a gender impact analysis with respect to coverage and adequacy on this basis.


### b. whereas women are disproportionately affected by the covid-19 pandemic , particularly women working in precarious employment , feminised sectors and the informal economy; ### b. whereas women are disproportionately affected by the covid-19 pandemic , particularly women facing multiple discriminations and women working in precarious employment , feminised sectors and the informal economy;


### b. whereas , although female employment rates have risen , gender inequality on the labour market remains a fact of life; whereas the employment gap is particularly high in the case of single mothers , female caregivers , women with disabilities , women from ethnic minorities , migrant and refugee women , lbtiq+ women and young and elderly women; ### b. whereas , although female employment rates have risen , gender inequality on the labour market remains a worrying reality; whereas the gender gap in the full-time equivalent (fte) employment rate has increased in eight member states since 2010; whereas this gap is particularly high in the case of single mothers , female caregivers , women with disabilities , women from diverse racial , and ethnic backgrounds , women from religious minorities , migrant and refugee women , those with low educational achievement , lbtiq+ women and young and elderly women;


### c. whereas the covid-19 pandemic has exacerbated existing gender inequalities in almost every walk of life; ### c. whereas the covid-19 pandemic has exacerbated existing gender inequalities and analyses suggest that the economic impact of the pandemic will roll back on the fragile gains achieved in the past decade with regard to women’s economic independence; whereas women’s employment during the pandemic has fall more sharply than it did during the 2008 recession1a;


### d. whereas violence against women may be of differing appearance , intensity and form; whereas a society free of violence must be acknowledged as an absolute prerequisite for equality; ### d. whereas violence against women in all its forms (physical , sexual , psychological , economic or cyber violence) is a violation of human rights and one of the biggest obstacles to achieving gender equality; whereas gender based violence is rooted in the unequal distribution of power between genders , patriarchal structures and gender stereotypes , that have led to domination over and discrimination against women by men; whereas gender-based violence may be of differing appearance , intensity and form; whereas a society free of violence must be acknowledged as an absolute prerequisite for equality;


### e. whereas women in the eu are more severely affected by poverty or social exclusion than men , being systematically placed at a disadvantage by structural and cultural factors; ### e. whereas women in the eu are more severely affected by poverty or social exclusion than men , being systematically placed at a disadvantage by structural and cultural factors; whereas since 2010 , the gender gap in earnings has increased in 17 member states , while the gender gap in income has gone up in 19 member states , leading to an overall increase in gender inequality in earnings and income in the eu; whereas these situation is even worse for women experiencing intersecting forms of discrimination;


### f. whereas the eu gender pay gap is 16% , with variations between the member states; whereas this gender pay gap has a number of implications , not least a 37% difference in corresponding pension entitlements , placing older women at greater risk of poverty and social exclusion; whereas the right to equal pay for equal work is not always guaranteed and remains one of the biggest challenges to be met in efforts to combat pay discrimination; ### f. whereas the eu gender pay gap is 14.1% , with variations between the member states; whereas this gender pay gap has a number of implications , not least a 36.7% difference in corresponding pension entitlements , placing older women at greater risk of poverty and social exclusion; whereas it is the result of disadvantages accrued by women over time , such as lack of access to the many financial resources , such as benefits and pension systems , that come with full-time employment , and for which many women are ineligible as they tend to stay in part-time employment or face job discontinuity due to care responsibilities; whereas the right to equal pay for equal work is not always guaranteed and remains one of the biggest challenges to be met in efforts to combat pay discrimination;


### g. whereas their role as primary caregivers within the family imposes a disproportionate burden of unpaid care and domestic work on women , who play a vital role in this respect; ### g. whereas women’s role as primary caregivers with in the family imposes a disproportionate burden of unpaid care and domestic work on women , who play a vital role in this respect; whereas before the covid-19 outbreak , women in the eu spent an average of 13 hours more than men on unpaid care and housework every week; whereas 7.7 million women (aged 20–64) in 2019 was away from the labour market in the eu , because they were looking after children or other people with care needs , compared with 450 000 men; whereas far more women than men also work part-time (8.9 million versus 560 000) owing to their care responsibilities; whereas the rising long-term care needs and lack of care services intensify gender inequalities within families and in employment; whereas there is an urgent need to foster policies that challenge and combat the patriarchal division of gender roles and stereotypes;


### 2. calls on the member states to take practical measures to ensure that women have equal access to work with rights and decent pay; stresses the need to promote collective bargaining as a determining factor in reversing and overcoming inequality and tackling discrimination against women and calls for de jure and de facto compliance with the principle of equal pay for equal work of equal value; ### 2. calls on the member states to take practical measures to ensure that women have equal access to work with rights and decent pay; stresses the need to promote collective bargaining as a determining factor in reversing and overcoming inequality and tackling discrimination against women in all their diversity and calls for de jure and de facto compliance with the principle of equal pay for equal work of equal value;


### 4. calls on the eu and its member states to further underpin maternity and paternity entitlements , for example by increasing periods of full leave with no loss of pay , taking into account the world health organization recommendation that children be exclusively breastfed for the first six months of their lives; calls for the right to a reduction in working hours following maternity leave to be guaranteed in practice , enabling mothers to breastfeed their children until they are at least two years old , accompanied by investment in a public network of free childcare and education services; ### 4. calls on the eu and its member states to fully transpose the work life balance directive and to further underpin maternity and paternity entitlements , by increasing periods of equal and fully paid leaves , with a view of further involving men in unpaid work and taking into account the world health organization recommendation that children be exclusively breastfed for the first six months of their lives; calls for the right to a reduction in working hours and flexible work arrangement following maternity and paternity leave to be guaranteed in practice , enabling parents to better share and balance work with care responsibilities , accompanied by investment in a public network of free childcare and education services;


### eradication of violence against women ### eradication of violence against women and gender based violence


### 6. stresses the urgent need to counter the exploitation of women at work and combat the inequalities , discrimination and violence affecting them; ### 6. stresses the urgent need to counter the exploitation of women at work and combat the inequalities , discrimination and violence affecting them; stresses that harassment experienced in a work place constitutes a serious attack on a person’s psychological and physical health , making them feel insecure at work or in some cases preventing them from doing their work; notes that women are far more likely to be exposed to sexual harassment than men; calls on member states to adopt the international labour organisation (ilo)conventions 190 in order comply with the global standards aimed at ending violence and harassment in the world of work.


### 7. calls for women who suffer domestic violence to be afforded proper protection , ensuring the deployment of increased resources and more effective responses by the state; ### 7. calls on member states to take all necessary measures to ensure protection , support and reparation to all victims of all forms of gender-based violence , including domestic violence , ensuring the deployment of increased resources and more effective responses by the state;


### 8. stresses that prostitution constitutes a serious form of violence and exploitation affecting mostly women and children; notes that the root causes of prostitution are inextricably intertwined with social and economic realities , particularly unemployment , financial need and poverty; stresses the need for member states to increase funding for social support and access to public services for victims of trafficking or sexual exploitation; ### 8. stresses that forced prostitution constitutes a serious form of violence and exploitation affecting mostly women and children; notes that the root causes of forced prostitution are inextricably intertwined with social and economic realities , particularly unemployment , financial need and poverty; stresses the importance of a gender sensitive approach to human trafficking and about the need for member states to increase funding for social support and access to public services for victims of trafficking or sexual exploitation; calls on member states to fully implement the anti-trafficking directive and to urgently stop imprisoning or deporting potential victims; calls on the european commission to closely monitor specially the application and transposition of this directive and to initiate infringements procedures on those member states failing to do so;


### 9. applauds the unambiguous defence of all freedoms anywhere in the world , while condemning measures that undermine rights , freedoms and guarantees and deprecating all forms of prejudice , including discrimination on the grounds of sexual orientation; ### 9. applauds the unambiguous defence of all freedoms anywhere in the world , while condemning measures that undermine rights , freedoms and guarantees and deprecating all forms of prejudice , including discrimination on the grounds of gender sexual orientation gender identity , gender expression or sex characteristic;


### 10. stresses that any strategy designed to achieve equality must get to grips with all forms of violence against women , including the erosion of healthcare entitlements and sexual and reproductive rights acquired by women and infringements thereof; ### 10. stresses that any strategy designed to achieve equality must get to grips with all forms of gender-based violence , including the erosion of healthcare entitlements and sexual and reproductive health and rights acquired by women and infringements thereof;


### 12. stresses the need for member states to adopt a policy placing special emphasis on improved public health and the prevention of disease by guaranteeing free , universal and high-quality healthcare and ensuring the availability of the necessary resources to combat the main public health problems; ### 12. stresses the need for member states to adopt a policy placing special emphasis on improved public health and the prevention of disease by guaranteeing free , universal and high-quality healthcare and ensuring the availability of the necessary resources to combat the main public health problems; stresses that health inequalities are accumulating for women with low education and women with disabilities , who have both the poorest health and the most limited access to health services;


### 14. urges the member states to take specific measures to combat the risk of poverty in old age and retirement , increasing pensions and boosting social benefits; ### 14. urges the member states to take specific measures to combat the risk of poverty in old age and retirement , increasing pensions and boosting social benefits; is extremely concerned with the fact that the poverty gender gap has increased in 21 member state since 2017; stresses that poverty or social exclusion are concentrated among certain particularly marginalised groups of women as lone mothers , women above 65 years of age , women with disabilities and those with low level of education and migrant background;


### 2. deplores the rise of violence against women and girls worldwide; calls for greater and targeted action to combat femicide; ### 2. deplores the rise of violence against women and girls worldwide; calls for greater commitment , resources and targeted action to combat femicide , which is the most extreme form of violence against women ,


### 2. underlines the importance of both the new neighbourhood , development and international cooperation instrument (ndici) – global europe and the eu action plan on human rights and democracy 2020–2024 for this goal; recalls that the use of the rule of qualified majority voting within the council on human rights issues would result in a more effective and proactive eu foreign and security policy , and would strengthen cooperation on matters of key strategic interest for the eu , while reflecting its fundamental values; ### 2. underlines the importance of both the new neighbourhood , development and international cooperation instrument (ndici) – global europe and the eu action plan on human rights and democracy 2020–2024 for this goal; recalls that the use of the rule of qualified majority voting within the council on human rights issues would result in a more effective and proactive eu foreign and security policy , and would strengthen cooperation on matters of key strategic interest for the eu , while reflecting its fundamental values; stresses the importance of member states taking ownership of the eu action plan and publicly reporting on their action under this strategic document; encourages national and regional parliaments , national human rights institutions and local civil society organizations to engage with their authorities at member state level on their contribution to the conduct of the eu's external human rights policy;


### 3. is deeply concerned by increasing number of illiberal democracies and autocratic regimes , which are in the majority for the first time in 20 years; calls for the eu and the member states to make full use of the tools at their disposal to support good governance , democratic institutions and space for civil society worldwide; ### 3. is deeply concerned by increasing number of illiberal democracies and autocratic regimes , which are in the majority for the first time in 20 years; calls for the eu and the member states to make full use of the tools at their disposal to support good governance , democratic institutions and space for civil society worldwide; calls upon the commission to review , update and further develop eu state-building programmes , to increase their efficiency and sustainability of the results achieved;


### 4. condemns targeted violence against women and girls in situations of armed conflict; calls for decisive action to put an end to sexual violence as a weapon of war; ### 4. condemns targeted violence against women and girls in situations of armed conflict; calls for decisive action to put an end to sexual violence as a weapon of war and raises awareness about the specific situation and discriminations experienced by war children; calls on the eu to ensure that humanitarian assistance is gender sensitive and based on gender-responsive needs assessments that regularly consult civil society organisations and survey women , including those internally displaced;


### 5. recalls that respect for human rights , democracy and the rule of law is a cross-cutting objective in the whole ndici – global europe instrument as stipulated in article 3 (objectives) of the regulation; underlines the importance of the human rights and democracy thematic programme adopted under the ndici – global europe instrument for the promotion of human rights around the world; ### 5. recalls that respect for human rights , democracy and the rule of law is a cross-cutting objective in the whole ndici – global europe instrument as stipulated in article 3 (objectives) of the regulation; underlines the importance of the human rights and democracy thematic programme adopted under the ndici – global europe instrument for the promotion of human rights around the world; calls for the level and creativity of the funding to civil society and human rights defenders provided under the ndici's thematic programme on human rights and democracy , including to protectdefenders.eu and the european endowment for democracy , to reflect the seriousness of the current illiberal backlash and the shrinking of the civil society space worldwide;


### 8. notes that the visibility of the eusr’s role should be enhanced in order to have a meaningful impact on human rights; underlines that the eusr has a flexible mandate which could be adapted to evolving circumstances; is of the opinion that the eusr’s position could be made more effective by enhancing communication activities and developing a more public profile through , inter alia , the publication of public statements in support of human rights activists at risk , including sakharov prize laureates and finalists , and of human rights defenders imprisoned for long periods , thereby helping to protect their physical integrity and their essential work; ### 8. notes that the visibility of the eusr’s role should be enhanced in order to have a meaningful impact on human rights; underlines that the eusr has a flexible mandate which could be adapted to evolving circumstances; is of the opinion that the eusr’s position could be made more effective by enhancing communication activities and developing a more public profile through , inter alia , the publication of public statements in support of human rights activists at risk , including sakharov prize laureates and finalists , and of human rights defenders imprisoned for long periods , thereby helping to protect their physical integrity and their essential work; stresses the importance for the eusr on hr to cooperate closely with the eusrs on countries and regions with a view to streamline human rights into eu regional policies;


### 9. highlights that lgbtiq+ women face intersectional discrimination. ### 9. highlights that lgbtiq+ women , migrant and racialized women , women with disabilities among others face intersectional discrimination; calls for eu internal and external action to take into account intersecting identities and discriminations and to recognise that women and girls in all their diversity are not affected equally by gender inequalities as they are compounded by other levels of oppression;


### 31. considers that corruption also constitutes a major violation of human rights and that the eu and its member states must address it as such in their external action by applying the highest transparency standards to their funding to third countries , as well as by supporting anti-corruption civil society organisations , journalists and whistle-blowers; ### 31. considers that corruption facilitates , perpetuates and institutionalises violations of human rights and disproportionately affects the most vulnerable and marginalised individuals and groups in society; insists that the eu and its member states must address it as such in their external action by applying the highest transparency standards to their funding to third countries , as well as by supporting anti-corruption civil society organisations , journalists and whistle-blowers , promoting the establishment of effective anti-corruption institutions and the adoption of robust regulatory frameworks and addressing secrecy jurisdictions and tax havens; deplores that eu-based individuals and entities are regularly reported to be directly involved in grave acts of corruption in third countries , including as initiators , enablers or end-receivers; calls on the eu to acknowledge and address the complicity of eu-based actors in the global phenomenon of corruption;


### 32. welcomes the adoption of the eu global human rights sanctions regime (eu ghrsr-eu magnitsky act) as an essential addition to the eu’s human rights and foreign policy toolbox , which strengthens the eu’s role as a global human rights actor by allowing it to take restrictive measures against legal and natural persons involved in grave human rights violations in the world; condemns any arbitrary and unjustified retaliatory restrictive measures imposed on the eu or other entities as a response to the eu’s decisions under the eu ghrsr-eu magnitsky act; regrets the fact that the council has decided to apply unanimity instead of qualified majority voting when adopting sanctions on human rights issues; ### 32. welcomes the adoption of the eu global human rights sanctions regime as an essential addition to the eu’s human rights and foreign policy toolbox , which strengthens the eu’s role as a global human rights actor by allowing it to take restrictive measures against legal and natural persons involved in grave human rights violations in the world; condemns any arbitrary and unjustified retaliatory restrictive measures imposed on the eu or other entities as a response to the eu’s decisions under the eu ghrsr; regrets the fact that the council has decided to apply unanimity instead of qualified majority voting when adopting sanctions on human rights issues;


### 33. calls for the extension of the scope of the eu ghrsr-eu magnitsky act to include acts of corruption in order to ensure the effective targeting of the economic and financial enablers of human rights abusers; stresses the need for an effective strategy to implement the eu ghrsr-eu magnitsky act , consistent both with the eu’s other external policies , in particular with its human rights policies , and with the existing international frameworks on sanctions , international criminal law and international humanitarian law; welcomes the commission’s announcement that in 2021 , it will conduct a review of practices undermining sanctions and of the existing reporting obligations for member states on their implementation and enforcement; ### 33. calls for the adoption of a new thematic sanctions regime to address serious acts of corruption in order to ensure inter alia the effective targeting of the economic and financial enablers of human rights abusers , thus complementing the eu ghrsr; stresses the need for an effective strategy to implement the eu ghrsr , consistent both with the eu’s other external policies , in particular with its human rights policies , and with the existing international frameworks on sanctions , international criminal law and international humanitarian law; welcomes the commission’s announcement that in 2021 , it will conduct a review of practices undermining sanctions and of the existing reporting obligations for member states on their implementation and enforcement;


### 34. reaffirms the inalienable human rights of migrants and refugees , and calls for the eu and its member states to fully uphold them in their cooperation with third countries , both in terms of the establishment of high legal standards and , equally importantly , their operationalisation in order to ensure the effective protection of these rights in practice; reiterates its call on the commission to carry out a review of the human rights impact of migration policy frameworks and of the eu’s cooperation on migration with third countries; underlines the risks related to informal arrangements on return and readmission , which are not subject to judicial scrutiny and therefore do not allow for effective redress for human rights violations suffered by migrants and asylum seekers; ### 34. reaffirms the inalienable human rights of migrants and refugees , and calls for the eu and its member states to fully uphold them in their cooperation with third countries , both in terms of the establishment of high legal standards and , equally importantly , their operationalisation in order to ensure the effective protection of these rights in practice; reiterates its call on the commission to integrate pre-assessment as well as monitoring mechanisms to evaluate the human rights impact of cooperation on migration with third countries , and to increase transparency and ensure parliamentary scrutiny and democratic oversight over its activity in this area; underlines the risks related to informal arrangements on return and readmission , which are not subject to judicial scrutiny and therefore do not allow for effective redress for human rights violations suffered by migrants and asylum seekers; reiterates , therefore , its call on the eu to ensure that all migration cooperation and readmission agreements with non-eu states strictly comply with international human rights , refugee and maritime law , particularly with the convention relating to the status of refugees; emphasises as well the need to delink development cooperation from cooperation on readmission or migration management; insists that human rights need to be mainstreamed and monitored in all the activities carried out by frontex and easo;


### 39. welcomes the new concept of eu peace mediation , extending the eu’s toolbox of crisis management tools to the broader goal of conflict transformation , and encourages the development of further dialogue tools and capacities in this field; reiterates its call on the member states to help contain armed conflicts and serious violations of human rights or international humanitarian law by strictly abiding by the provisions of article 7 of the un arms trade treaty on export and export assessment and of the eu code of conduct on arms exports; ### 39. welcomes the new concept of eu peace mediation , extending the eu’s toolbox of crisis management tools to the broader goal of conflict transformation , and encourages the development of further dialogue tools and capacities in this field; reiterates its call on the member states to help contain armed conflicts and serious violations of human rights or international humanitarian law by strictly abiding by the provisions of article 7 of the un arms trade treaty on export and export assessment and of the eu code of conduct on arms exports , including by refusing any transfer of arms and surveillance equipment which would result in the risk that the importing state or non-state actors may commit or facilitate violations of human rights or international humanitarian law; reiterates its calls for stricter eu-wide controls on eu arms exports , better end-use control of exported arms , more coordination of national decisions on arms exports , a publicly accessible database on national arms exports and , for arms subsidised through the european defence fund , a sanctions mechanism for breaches of the eight eu export criteria;


### 40. emphasises that the eu has a unique opportunity to exert leverage on businesses to uphold human rights at global level with the upcoming eu binding legislation on corporate due diligence and corporate accountability , obliging companies to prevent , identify , communicate , account for and remedy potential and/or actual adverse impacts on human rights , the environment and good governance in their value chain; calls for the strategy to apply to all large undertakings governed by the law of a member state , established in the territory of the union or operating in the internal market , as well as publicly listed small and medium-sized companies; stresses the need to establish and enforce sanctions to make the legislation effective; calls for companies’ due diligence strategies to be made public; welcomes the full entry into force in 2020 of the eu conflict minerals regulation and the eu taxonomy regulation as constructive steps in this field; ### 40. emphasises that the eu has a unique opportunity to exert leverage on businesses to uphold human rights at global level with the upcoming eu binding legislation on corporate due diligence and corporate accountability , obliging companies to identify , prevent , communicate , account for and remedy potential and/or actual adverse impacts on human rights , the environment and good governance in their value chain; calls for the strategy to apply to all large undertakings governed by the law of a member state , established in the territory of the union or operating in the internal market , as well as publicly listed small and medium-sized companies (smes) and smes in high risk sectors; stresses the need to establish and enforce sanctions to make the legislation effective and ensure a level playing field for undertakings; considers it a necessary element for companies’ due diligence strategies to be made public; welcomes the full entry into force in 2020 of the eu conflict minerals regulation and the eu taxonomy regulation as constructive steps in this field;


### 14. condemns the increase in attempts to undermine the functioning of the un’s bodies , in particular the human rights council , and to obstruct the rules-based international order; calls on the eu member states and the eu’s democratic partners to decisively counter these attempts and to strengthen their response to serious violations of international human rights; stresses that state sovereignty cannot be used as a pretext to avoid human rights monitoring by the international community since , according to the founding charter of the united nations and un general assembly resolution 60/251 , all states , regardless of their political , economic and cultural systems , have the duty and the responsibility to promote and protect all human rights and fundamental freedoms for all , and the un human rights council should address situations of violations of human rights; ### 14. condemns the increase in attempts to undermine the functioning of the un’s bodies , in particular the human rights council , and to obstruct the rules-based international order; strongly condemns all attacks against un special procedure mandate holders and against the independence of their mandates; calls on the eu member states and the eu’s democratic partners to decisively counter these attempts and to strengthen their response to serious violations of international human rights; reiterates its call on the eu and member states to step up their financial support to these special procedures and treaty bodies; stresses that state sovereignty cannot be used as a pretext to avoid human rights monitoring by the international community since , according to the founding charter of the united nations and un general assembly resolution 60/251 , all states , regardless of their political , economic and cultural systems , have the duty and the responsibility to promote and protect all human rights and fundamental freedoms for all , and the un human rights council should address situations of violations of human rights;


### 15. reiterates its strong support for the international criminal court (icc) as the only international institution able to prosecute some of the world’s most heinous crimes and to bring justice to their victims; calls on the eu member states to provide adequate financial support to enable the icc to carry out its tasks; supports the universality of the rome statute and calls for the eu to include a specific clause on its ratification and access in agreements to be concluded with third countries; strongly condemns any attack on the staff or on the independence of the icc; is of the opinion that attempts to undermine the credibility and essential role of the icc constitute attacks on multilateralism and should be contested as such by the eu and its member states; stresses that the icc needs full access to the countries it investigates to be able to perform its tasks; underlines the potential of other innovative tools to bring perpetrators of international crimes to account , including universal jurisdiction at national-level judiciaries; underlines , in this context , the current discussions in the un international law commission on the immunity of state officials and calls for follow-up to them; calls for the eu to continue to strengthen capacity building at national level in third countries , while supporting international criminal tribunals and mechanisms , as well as platforms and organisations dedicated to the fight against impunity such as the coalition for the international criminal court; ### 15. reiterates its strong support for the international criminal court (icc) as the only international institution able to prosecute some of the world’s most heinous crimes and to bring justice to their victims; calls on the eu and the member states to provide adequate financial support to enable the icc to carry out its tasks; supports the universality of the rome statute and calls for the eu to include a specific clause on its ratification and access in agreements to be concluded with third countries , and to include it under the future gsp scheme; strongly condemns any attack on the staff or on the independence of the icc; is of the opinion that attempts to undermine the credibility and essential role of the icc constitute attacks on multilateralism and should be contested as such by the eu and its member states , including when originating from close partner countries; stresses that the icc needs full access to the countries it investigates to be able to perform its tasks; underlines the potential of other innovative tools to bring perpetrators of international crimes to account , including universal jurisdiction at national-level judiciaries; underlines , in this context , the current discussions in the un international law commission on the immunity of state officials and calls for follow-up to them; calls for the eu to continue to strengthen capacity building at national level in third countries , while supporting international criminal tribunals and mechanisms , as well as platforms and organisations dedicated to the fight against impunity such as the coalition for the international criminal court;


### 21. expresses its serious concern about the restriction of academic freedom and the increase in the censorship and imprisonment of scholars worldwide , which has important consequences for the right to education; ### 21. expresses its serious concern about the restriction of academic freedom and the increase in the censorship and imprisonment of scholars worldwide , which has important consequences for the right to education; urges the eu and the member states to step up their diplomatic efforts through bilateral and multilateral engagement in relation to threats or attacks on academic freedom by state and non-state actors; calls on the eeas and the commission to revisit existing support and protection mechanisms for hrds , in order to develop the capacity to identify and provide assistance , including emergency protection and support , in cases involving attacks on academic freedom; calls on the commission to ensure continued high-level support to the european inter-university centre for human rights and democratisation and the global campus of human rights and democracy , as a flagship of the eu’s support to human rights education worldwide;


### 27. reiterates its call for the eu and its member states to step up their efforts to eliminate all forms of abuse against children; welcomes the new eu strategy on the rights of the child adopted by the commission , but stresses that children continue to be victims of violence , early and forced marriage , sexual abuse , including genital mutilation , trafficking , child labour and recruitment as child soldiers , and that they suffer from a lack of access to education and healthcare , and from malnutrition and poverty , in particular in humanitarian crises and armed conflicts; stresses that 2021 is the international year for the elimination of child labour; calls for the streamlining of the rights of the child and the children and armed conflicts (caac) agenda in all the eu’s external policies; calls on the member states to uphold their responsibilities with regard to the protection of foreign fighters’ children who are eu citizens; ### 27. reiterates its call for the eu and its member states to step up their efforts to eliminate all forms of abuse against children; welcomes the new eu strategy on the rights of the child adopted by the commission , but stresses that children continue to be victims of violence , early and forced marriage , sexual abuse , including genital mutilation , trafficking , child labour and recruitment as child soldiers , and that they suffer from a lack of access to education and healthcare , and from malnutrition and poverty , in particular in humanitarian crises and armed conflicts; stresses that 2021 is the international year for the elimination of child labour; calls for the streamlining of the rights of the child and the children and armed conflicts (caac) agenda in all the eu’s external policies; urges the eu to ensure that its trade and development policies work in full coherence in order to eradicate child labour; in this regard , highlights the pilot multi-stakeholder dialogue on sustainable cocoa; calls on the member states to uphold their responsibilities with regard to the protection of foreign fighters’ children who are eu citizens;


### (6) specific money laundering and terrorist financing threats , risks and vulnerabilities affecting certain economic sectors at national level diminish in distinct manners member states ability to contribute to the integrity and soundness of the union financial system. as such , it is appropriate to allow member states , upon identification of such sectors and specific risks to decide to apply aml/cft requirements to additional sectors than those covered by regulation [please insert reference – proposal for anti-money laundering regulation]. with a view to preserving the effectiveness of the internal market and the union aml/cft system , the commission should be able , with the support of amla , to assess whether the intended decisions of the member states to apply aml/cft requirements to additional sectors are justified. in cases where the best interests of the union would be achieved at union level as regards specific sectors , the commission should inform that member state that it intends to take action at union level instead and the member state should abstain from taking the intended national measures. ### (6) specific money laundering and terrorist financing threats , risks and vulnerabilities affecting certain economic sectors at national level diminish in distinct manners member states ability to contribute to the integrity and soundness of the union financial system. as such , it is appropriate to allow member states , upon identification of such sectors and specific risks to decide to apply aml/cft requirements to additional sectors than those covered by regulation [please insert reference – proposal for anti-money laundering regulation]. in cases where the best interests of the union would be achieved at union level as regards specific sectors , the commission should inform that member state that it intends to take action at union level.


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


### (8) supervisors should ensure that , with regard to currency exchange offices , cheque cashing offices , trust or company service providers or gambling service providers , the persons who effectively manage the business of such entities and the beneficial owners of such entities act with honesty and integrity and possess knowledge and expertise necessary to carry out their functions. the criteria for determining whether or not a person complies with those requirements should , as a minimum , reflect the need to protect such entities from being misused by their managers or beneficial owners for criminal purposes. ### (8) supervisors should ensure that , with regard to currency exchange offices , cheque cashing offices , trust or company service providers or gambling service providers , the persons who effectively manage the business of such entities and the beneficial owners of such entities act with honesty , good faith and integrity and possess proven knowledge and expertise necessary to carry out their functions. the criteria for determining whether or not a person complies with those requirements should , as a minimum , reflect the need to protect such entities from being misused by their managers or beneficial owners for criminal purposes.


### (16) the fatf has developed standards for jurisdictions to identify , and assess the risks of potential non-implementation or evasion of the proliferation financing-related targeted financial sanctions , and to take action to mitigate those risks. those new standards introduced by the fatf do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant united nations security council regulations relating to the prevention , suppression and disruption of proliferation of weapons of mass destruction and its financing. those existing obligations , as implemented at union level by council decisions 2010/413/cfsp26 and (cfsp) 2016/84927 as well as council regulations (eu) 267/201228 and (eu) 2017/150929 , remain strict rule-based obligations binding on all natural and legal persons within the union. ### (16) the fatf has developed standards for jurisdictions to identify , and assess the risks of potential non-implementation or evasion of the targeted financial sanctions , and to take action to mitigate those risks. those new standards introduced by the fatf do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant united nations security council regulations relating to the prevention , suppression and disruption of proliferation of weapons of mass destruction and its financing. those existing obligations , as implemented at union level by council decisions 2010/413/cfsp26 and (cfsp) 2016/84927 as well as council regulations (eu) 267/201228 and (eu) 2017/150929 , remain strict rule-based obligations binding on all natural and legal persons within the union.


### (17) in order to reflect the latest developments at international level , a requirement has been introduced by this directive to identify , understand , manage and mitigate risks of potential non-implementation or evasion of proliferation financing-related targeted financial sanctions at union level and at member state level. ### (17) in order to reflect the latest developments at international level , a requirement has been introduced by this directive to identify , understand , manage and mitigate risks of potential non-implementation or evasion of targeted financial sanctions at union level and at member state level.


### (18) central registers of beneficial ownership information are crucial in combating the misuse of legal entities. to ensure that the registers of beneficial ownership information are easily accessible and contain high-quality data , consistent rules on the collection and storing of this information should be introduced. ### (18) central registers of beneficial ownership information are crucial in combating the misuse of legal entities. to ensure that the registers of beneficial ownership information are easily accessible and contain high-quality data , consistent rules on the collection and storing of this information should be introduced. central registers need to be accessible to the public , in a readily usable , machine readable format.


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


### (28) public access to beneficial ownership information can allow greater scrutiny of information by civil society , including by the press or civil society organisations , and contributes to preserving trust in the integrity of the financial system. it can contribute to combating the misuse of corporate and other legal entities and legal arrangements for the purposes of money laundering or terrorist financing , both by helping investigations and through reputational effects , given that anyone who could enter into a business relationship is aware of the identity of the beneficial owners. it may also facilitate the timely and efficient availability of information for obliged entities as well as authorities of third countries involved in combating such offences. the access to that information would also help investigations on money laundering , associated predicate offences and terrorist financing. ### (28) public access to beneficial ownership information can allow greater scrutiny of information by civil society , including by the press or civil society organisations , and contributes to preserving trust in the integrity of the financial system. it can contribute to combating the misuse of corporate and other legal entities and legal arrangements for the purposes of money laundering or terrorist financing , both by helping investigations and through reputational effects , given that anyone who could enter into a business relationship is aware of the identity of the beneficial owners. it may also facilitate the timely and efficient availability of information for obliged entities as well as authorities of third countries involved in combating such offences. the access to that information would also help investigations on money laundering , associated predicate offences and terrorist financing. therefore , member states need to provide free access to the public in a readily usable , machine readable format , to the beneficial ownership registers for companies , trusts , and other legal arrangements.


### (30) confidence in financial markets from investors and the general public depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of corporate and other legal entities as well as certain types of trusts and similar legal arrangements. member states should therefore allow access to beneficial ownership information in a sufficiently coherent and coordinated way , by establishing confidence rules of access by the public , so that third parties are able to ascertain , throughout the union , who are the beneficial owners of corporate and other legal entities as well as , provided that there is a legitimate interest , of certain types of trusts and similar legal arrangements. ### (30) confidence in financial markets from investors and the general public depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of corporate and other legal entities as well as certain types of trusts and similar legal arrangements. member states should therefore allow access to beneficial ownership information in a sufficiently coherent and coordinated way , by establishing confidence rules of access by the public , so that third parties are able to ascertain , throughout the union , who are the beneficial owners of corporate and other legal entities as well as of certain types of trusts and similar legal arrangements.


### (32) in case of express trusts and similar legal arrangements , the information should be accessible to any member of the general public , provided that the legitimate interest can be demonstrated. this should include situations where natural or legal persons file a request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in a legal entity incorporated or created outside the union through direct or indirect ownership , including through bearer shareholding , or through control via other means. the interpretation of the legitimate interest by the member states should not restrict the concept of legitimate interest to cases of pending administrative or legal proceedings , and should enable to take into account the preventive work in the field of anti-money laundering and its predicate offences and counter-terrorist financing undertaken by non-governmental organisations and investigative journalists. while trusts and other legal arrangements can be used in complex corporate structures , their primary objective remains the management of individual wealth. in order to adequately balance the legitimate aim of preventing the use of the financial system for the purposes of money laundering or terrorist financing , which public scrutiny enhances , and the protection of fundamental rights of individuals , in particular the right to privacy and protection of personal data , it is necessary to provide for the demonstration of a legitimate interest in accessing beneficial ownership information of trusts and other legal arrangements. ### (32) in case of express trusts and similar legal arrangements , the information should be accessible to any member of the general public. this should include situations where natural or legal persons file a request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in a legal entity incorporated or created outside the union through direct or indirect ownership , including through bearer shareholding , or through control via other means.


### (35) moreover , with the aim of ensuring a proportionate and balanced approach and to guarantee the rights to private life and personal data protection , it should be possible for member states to provide for exemptions to the disclosure of the personal information on the beneficial owner through the registers of beneficial ownership information and to access to such information , in exceptional circumstances , where that information would expose the beneficial owner to a disproportionate risk of fraud , kidnapping , blackmail , extortion , harassment , violence or intimidation. it should also be possible for member states to require online registration in order to identify any person who requests information from the register , as well as the payment of a fee for access to the information in the register. ### (35) moreover , with the aim of ensuring a proportionate and balanced approach and to guarantee the rights to private life and personal data protection , it should be possible for member states to provide for exemptions to the disclosure of the personal information on the beneficial owner through the registers of beneficial ownership information and to access to such information , in exceptional circumstances , where that information would expose the beneficial owner to a disproportionate risk of fraud , kidnapping , blackmail , extortion , harassment , violence or intimidation. by default , central registers need to be accessible to the public in open repositories and made available for bulk downloads in machine-readable formats. application programming interfaces (api’s) should be strongly encouraged to facilitate re-useability. pursuant to article 18 of the treaty on the functioning of the european union , access to information contained in central registers cannot be prohibited on ground of nationality or residency.


### (37) through the interconnection of member states’ beneficial ownership registers , both national and cross-border access to information on the beneficial ownership of legal arrangements contained in each member state’s register should be granted based on the definition of legitimate interest , by virtue of a decision taken by the relevant entity of that member state. to avoid that decisions on limiting access to beneficial ownership information which are not justified cannot be reviewed , appeal mechanisms against such decisions should be established. with a view to ensuring coherent and efficient registration and information exchange , member states should ensure that their entity in charge of the register cooperates with its counterparts in other member states , sharing information concerning trusts and similar legal arrangements governed by the law of one member state and administered in another member state. ### (37) through the interconnection of member states’ beneficial ownership registers , both national and cross-border access to information on the beneficial ownership of legal arrangements contained in each member state’s register should be granted with a view to ensuring coherent and efficient registration and information exchange , member states should ensure that their entity in charge of the register cooperates with its counterparts in other member states , sharing information concerning trusts and similar legal arrangements governed by the law of one member state and administered in another member state.


### (38) regulation (eu) 2016/679 of the european parliament and of the council31 applies to the processing of personal data for the purposes of this directive. natural persons whose personal data are held in national registers as beneficial owners should be informed about the applicable data protection rules. furthermore , only personal data that is up to date and corresponds to the actual beneficial owners should be made available and the beneficiaries should be informed about their rights under the union legal data protection framework and the procedures applicable for exercising those rights. in addition , to prevent the abuse of the information contained in the registers and to balance out the rights of beneficial owners , member states might find it appropriate to consider making information relating to the requesting person along with the legal basis for their request available to the beneficial owner. ### (38) regulation (eu) 2016/679 of the european parliament and of the council31 applies to the processing of personal data for the purposes of this directive. natural persons whose personal data are held in national registers as beneficial owners should be informed about the applicable data protection rules. furthermore , only personal data that is up to date and corresponds to the actual beneficial owners should be made available and the beneficiaries should be informed about their rights under the union legal data protection framework and the procedures applicable for exercising those rights.


### (44) real estate is an attractive commodity for criminals to launder the proceeds of their illicit activities , as it allows obscuring the true source of the funds and the identity of the beneficial owner. proper and timely identification of natural or legal person owning real estate by fius and other competent authorities is important both for detecting money laundering schemes as well as for freezing and confiscation of assets. it is therefore important that member states provide fius and competent authorities with access to information which allows the identification in a timely manner of natural or legal person owning real estate and information relevant for the identification of the risk and suspicion of the transaction. ### (44) land and real estate is an attractive commodity for criminals to launder the proceeds of their illicit activities , as it allows obscuring the true source of the funds and the identity of the beneficial owner. proper and timely identification of natural or legal person owning real estate by fius and other competent authorities is important both for detecting money laundering schemes as well as for freezing , seizing and confiscation of assets , most in particular in the case of targeted financial sanctions. it is therefore important that member states provide fius and competent authorities with access to information which allows the identification in a timely manner of natural or legal person owning real estate and information relevant for the identification of the risk and suspicion of the transaction. member should set-up centralised land and real estate registries to effectively put an end to real estate or land as a means to launder money. these registers should be interconnected via the real estate data (red) single access point to be developed and operated by the commission.


### (45) all member states have , or should , set up operationally independent and autonomous fius to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. the fiu should be the single central national unit responsible for the receipt and analysis of suspicious transaction reports , reports on cross-border physical movements of cash and on payments in cash above a certain threshold as well as other information relevant to money laundering , its predicate offences or terrorist financing submitted by obliged entities. operational independence and autonomy of the fiu should be ensured by granting the fiu the authority and capacity to carry out its functions freely , including the ability to take autonomous decisions as regards analysis , requests and dissemination of specific information. in all cases , the fiu should have the independent right to forward or disseminate information to competent authorities. the fiu should be provided with adequate financial , human and technical resources , in a manner that secures its autonomy and independence and enables it to exercise its mandate effectively. the fiu should be able to obtain and deploy the resources needed to carry out its functions , on an individual or routine basis , free from any undue political , government or industry influence or interference , which might compromise its operational independence. ### (45) all member states have , or should , set up operationally independent and autonomous fius to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. the fiu should be the single central national unit responsible for the receipt and analysis of suspicious transaction reports , reports on cross-border physical movements of cash through the customs information system and on payments in cash above a certain threshold as well as other information relevant to money laundering , its predicate offences or terrorist financing submitted by obliged entities. operational independence and autonomy of the fiu should be ensured by granting the fiu the authority and capacity to carry out its functions freely , including the ability to take autonomous decisions as regards analysis , requests and dissemination of specific information. in all cases , the fiu should have the independent right to forward or disseminate information to competent authorities. the fiu should be provided with adequate financial , human and technical resources , in a manner that secures its autonomy and independence and enables it to exercise its mandate effectively. the fiu should be able to obtain and deploy the resources needed to carry out its functions , on an individual or routine basis , free from any undue political , government or industry influence or interference , which might compromise its operational independence.


### (47) the powers of fius include the right to access directly or indirectly the ‘financial’ , ‘administrative’ and ‘law enforcement’ information that they require in order to combat money laundering , its associated predicate offences and terrorist financing. the lack of definition of what types of information these general categories include has resulted in fius having been granted with access to considerably diversified sets of information which has an impact on fius’ analytical functions as well as on their capacity to cooperate effectively with their counterparts from other member states. it is therefore necessary to define the minimum sets of ‘financial’ , ‘administrative’ and ‘law enforcement’ information that should be made directly or indirectly available to every fiu across the union. moreover , fius should be able to obtain swiftly from any obliged entity all necessary information relating to their functions. an fiu should also be able to obtain such information upon request made by another fiu and to exchange that information with the requesting fiu. ### (47) the powers of fius include the right to access directly or indirectly the ‘financial’ , ‘administrative’ and ‘law enforcement’ information that they require in order to combat money laundering , its associated predicate offences and terrorist financing. the lack of definition of what types of information these general categories include has resulted in fius having been granted with access to considerably diversified sets of information which has an impact on fius’ analytical functions as well as on their capacity to cooperate effectively with their counterparts from other member states. it is therefore necessary to define the minimum sets of ‘financial’ , ‘administrative’ and ‘law enforcement’ information that should be made directly available to every fiu across the union. moreover , fius should be able to obtain swiftly from any obliged entity all necessary information relating to their functions. an fiu should also be able to obtain such information upon request made by another fiu and to exchange that information with the requesting fiu.


### (49) for the purposes of greater transparency and accountability and to increase awareness with regard to their activities , fius should issue activity reports on an annual basis. these reports should at least provide statistical data in relation to the suspicious transaction reports received , the number of disseminations made to national competent authorities , the number of requests submitted to and received by other fius as well as information on trends and typologies identified. this report should be made public except for the elements which contain sensitive and classified information. at least once annually , the fiu should provide obliged entities with feedback on the quality of suspicious transaction reports , their timeliness , the description of suspicion and any additional documents provided. such feedback can be provided to individual obliged entities or groups of obliged entities and should aim to further improve the obliged entities’ ability to detect and identify suspicious transactions and activities and enhance the overall reporting mechanisms. ### (49) for the purposes of greater transparency and accountability and to increase awareness with regard to their activities , fius should issue activity reports on an annual basis. these reports should at least provide statistical data in relation to the suspicious transaction reports received , the number of disseminations made to national competent authorities , the number of requests submitted to and received by other fius as well as information on trends and typologies identified. this report should be made public except for the elements which contain sensitive and classified information. at regular intervals , and at least once annually , the fiu should provide obliged entities with feedback on the quality of suspicious transaction reports , their timeliness , the description of suspicion and any additional documents provided. such feedback can be provided to individual obliged entities or groups of obliged entities and should aim to further improve the obliged entities’ ability to detect and identify suspicious transactions and activities and enhance the overall reporting mechanisms.


### (50) the purpose of the fiu is to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing , and to disseminate the results of its analysis as well as additional information to the competent authorities where there are grounds to suspect money laundering , associated predicate offences or financing of terrorism. an fiu should not refrain from or refuse the exchange of information to another fiu , spontaneously or upon request , for reasons such as a lack of identification of an associated predicate offence , features of criminal national laws and differences between the definitions of associated predicate offences or the absence of a reference to particular associated predicate offences. similarly , an fiu should grant its prior consent to another fiu to forward the information to other competent authorities regardless of the type of possible associated predicate offence in order to allow the dissemination function to be carried out effectively. fius have reported difficulties in exchanging information based on differences in national definitions of certain predicate offences , such as tax crimes , which are not harmonised by union law. such differences should not hamper the mutual exchange , the dissemination to other competent authorities and the use of that information. fius should rapidly , constructively and effectively ensure the widest range of international cooperation with third countries’ fius in relation to money laundering , associated predicate offences and terrorist financing in accordance with the applicable data protection rules for data transfers , fatf recommendations and egmont principles for information exchange between financial intelligence units. ### (50) the purpose of the fiu is to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing , and to disseminate the results of its analysis as well as additional information to the competent authorities where there are grounds to suspect money laundering , associated predicate offences or financing of terrorism. an fiu should not refrain from or refuse the exchange of information to another fiu , spontaneously or upon request , for reasons such as a lack of identification of an associated predicate offence , features of criminal national laws and differences between the definitions of associated predicate offences or the absence of a reference to particular associated predicate offences. fius have reported difficulties in exchanging information based on differences in national definitions of certain predicate offences , such as tax crimes , which are not harmonised by union law. such differences should not hamper the mutual exchange , the dissemination to other competent authorities and the use of that information. fius should rapidly , constructively and effectively ensure the widest range of international cooperation with third countries’ fius in relation to money laundering , associated predicate offences and terrorist financing in accordance with the applicable data protection rules for data transfers , fatf recommendations and egmont principles for information exchange between financial intelligence units.


### measures applicable to sectors exposed to money laundering and terrorist financing at national level; ### measures applicable to sectors exposed to money laundering and terrorist financing at national and union level;


### the set-up and access to beneficial ownership , bank account and real estate registers; ### the set-up and access to information on beneficial ownership , bank accounts , land or real estate registers and other asset registries;


### 1. where the national risk assessment carried out by member states pursuant to article 8 identifies that , in addition to obliged entities , entities in other sectors are exposed to money laundering and terrorist financing risks , member states may decide to apply the requirements of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] to those additional entities. ### 1. where the national risk assessment carried out by member states pursuant to article 8 identifies , the received information from fius in other member states signals , and upon advice from amla , that , in addition to obliged entities , entities in other sectors are exposed to money laundering and terrorist financing risks , member states should apply the requirements of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] to those additional entities.


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


### 6. where the commission indicates its intention to propose action at union level , the member state concerned shall abstain from adopting the national measures referred to in paragraph 2 , point (c). ### deleted


### requirements relating to certain service providers ### requirements relating to certain obliged entities


### 1. member states may require electronic money issuers as defined in article 2(3) of directive 2009/110/ec44 , payment service providers as defined in article 4(11) of directive (eu) 2015/2366 and crypto-assets service providers operating through agents located in the host member state and operating under either the right of establishment or the freedom to provide services , and whose head office is situated in another member state , to appoint a central contact point in their territory. that central contact point shall ensure , on behalf of the entity operating on a cross-border basis , compliance with aml/cft rules and shall facilitate supervision by supervisors , including by providing supervisors with documents and information on request. ### 1. member states shall require electronic money issuers as defined in article 2(3) of directive 2009/110/ec44 , payment service providers as defined in article 4(11) of directive (eu) 2015/2366 and crypto-assets service providers operating through agents or through any other natural person or legal person which act on their behalf located in the host member state and operating under either the right of establishment or the freedom to provide services , and whose head office is situated in another member state , to appoint a central contact point in their territory. that central contact point shall ensure , on behalf of the entity operating on a cross-border basis , compliance with aml/cft rules and shall facilitate supervision by supervisors , including by providing supervisors with documents and information on request.


### 1. member states shall require supervisors to verify that the members of the senior management in the obliged entities referred to in article 4 , and the beneficial owners of such entities , act with honesty and integrity. senior management of such entities should also possess knowledge and expertise necessary to carry out their functions. ### 1. member states shall require supervisors to verify that the members of the senior management in the obliged entities referred to in article 4 , and the beneficial owners of such entities , act with good faith , honesty and integrity. senior management of such entities shall possess a clean criminal record , also be of good repute and possess proven knowledge and expertise necessary to carry out their functions.


### 3. member states shall ensure that supervisors verify at regular intervals and on a risk-sensitive basis whether the requirements of paragraphs 1 and 2 continue to be met. in particular , they shall verify whether the senior management acts with honesty and integrity and possesses knowledge and expertise necessary to carry out their functions in cases where there are reasonable grounds to suspect that money laundering or terrorist financing is being or has been committed or attempted , or there is increased risk thereof in an obliged entity. ### 3. member states shall ensure that supervisors verify at regular intervals and on a risk-sensitive basis whether the requirements of paragraphs 1 and 2 continue to be met. in particular , they shall verify whether the senior management acts with good faith , honesty and integrity and possesses proven knowledge and expertise necessary to carry out their functions in cases where there are reasonable grounds to suspect that money laundering or terrorist financing is being or has been committed or attempted , or there is increased risk thereof in an obliged entity.


### 4. supervisors shall have the power to request the removal of any person convicted of money laundering , any of its predicate offences or terrorist financing from the management role of the obliged entities referred to in paragraphs 1 and 2. supervisors shall have the power to remove members of the senior management that are not deemed to act with honesty and integrity and possess knowledge and expertise necessary to carry out their functions. ### 4. member states shall ensure that supervisors have the power to request the removal of any person convicted of money laundering , any of its predicate offences or terrorist financing from the management role of the obliged entities referred to in paragraphs 1 and 2. supervisors shall have the power to remove members of the senior management that are not deemed to act with good faith , honesty and integrity and possess proven knowledge and expertise necessary to carry out their functions. in the case where no management role exists in obliged entities , supervisors shall have the power to suspend their licence to exercise their activity where it has been deemed that they are not of good repute , have not acted with honesty and integrity or do not possess knowledge and expertise necessary to carry out their functions.