### 5. amla shall attend the meetings of the aml/cft supervisory colleges and shall facilitate their work in accordance with article 29 of regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final]. ### 5. amla shall attend the meetings of the aml/cft supervisory colleges and shall facilitate their work in accordance with article 29 of regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final]. amla shall also have the power to intervene where disagreements arise between supervisors participating in the supervisory colleges referred to in paragraph 1 , and issue binding decisions to settle any disagreements.


### 1. member states may authorise financial supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. such cooperation agreements shall comply with applicable data protection rules for data transfers and be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in article 50(1). confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only. ### 1. member states shall authorise supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. such cooperation agreements shall comply with applicable data protection rules for data transfers and be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in article 50(1). confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only.


### 3. member states shall ensure that financial supervisors notify any agreement signed pursuant to this article to amla within one month of its signature. ### 3. member states shall ensure that financial supervisors notify:


### 3. member states shall ensure that financial supervisors notify any agreement signed pursuant to this article to amla within one month of its signature. ### 3. member states shall ensure that supervisors notify any agreement signed pursuant to this article to amla within one month of its signature.


### 6. in the exercise of their powers to impose administrative sanctions and measures , supervisors shall cooperate closely in order to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases. ### 6. in the exercise of their powers to impose administrative sanctions and measures , supervisors shall cooperate closely , and , where relevant , also coordinate their actions with non-aml/cft authorities concerned , in order to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases.


### where an obliged entity is subject to an authorisation , withdraw or suspend the authorisation; ### where an obliged entity is subject to an authorisation , withdraw or suspend the authorisation , or propose the imposition of these or similar measures where the corresponding powers rest with another authority;


### impose a temporary ban against any person discharging managerial responsibilities in an obliged entity , or any other natural person , held responsible for the breach , from exercising managerial functions in obliged entities. ### impose a temporary ban against any person discharging managerial responsibilities in an obliged entity , or any other natural person , held responsible for the breach , from exercising managerial functions in obliged entities , or to propose the imposition of such measure or a removal of the person from a function within the obliged entity where the corresponding powers rest with another authority .


### 3. member states shall ensure that individuals , including employees and representatives of the obliged entity who report potential or actual breaches of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] internally or to the fiu , are legally protected from being exposed to threats , retaliatory or hostile action , and in particular from adverse or discriminatory employment actions. ### 3. member states shall ensure that individuals , including employees and representatives of the obliged entity who report potential or actual breaches of regulation (proposal for anti-money-laundering regulation com 2021/420 final) internally or to the fiu , are legally protected in accordance with the whistleblower directive (eu 2019/1937 of the european parliament and of the council of 23 october 2019) from being exposed to threats , retaliatory or hostile action , and in particular from adverse or discriminatory employment actions.


### 3. member states shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities for the purposes of this directive. member states shall ensure that competent authorities do not refuse a request for assistance on the grounds that: ### 3. member states shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities , supervisors and non-aml/cft authorities for the purposes of this directive. member states shall ensure that competent authorities , supervisors and non-aml/cft authorities do not refuse a request for assistance on the grounds that:


### the nature or status of the requesting counterpart competent authority is different from that of requested competent authority. ### the nature or status of the requesting counterpart competent authority , supervisor or non-aml/cft authority is different from that of requested competent authority , supervisor or and non-aml/cft authority.


### cooperation in relation to credit institutions ### cooperation in relation to credit or financial institutions


### 1. member states shall ensure that financial supervisors , fius and authorities competent for the supervision of credit institutions under other legal acts cooperate closely with each other within their respective competences and provide each other with information relevant for the performance of their respective tasks. such cooperation and information exchange shall not impinge on an ongoing inquiry , investigation or proceedings in accordance with the criminal or administrative law of the member state where the financial supervisor or authority entrusted with competences for the supervision of credit institutions under other legal acts is located and shall not affect obligations of professional secrecy as provided in article 50(1). ### 1. member states shall ensure that supervisors , non-aml/cft authorities , fius and authorities competent for the supervision of credit or financial institutions under other legal acts cooperate closely with each other within their respective competences and provide each other with information relevant for the performance of the irrespective tasks. such cooperation and information exchange shall not impinge on an ongoing inquiry , investigation or proceedings in accordance with the criminal or administrative law of the member state where the supervisors , non-aml/cft authorities , fius or authority entrusted with competences for the supervision of credit or financial institutions under other legal acts is located and shall not affect obligations of professional secrecy as provided in article 50(1).


### 2. member states shall ensure that , where financial supervisors identify weaknesses in the aml/cft internal control system and application of the requirements of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] of a credit institution which materially increase the risks to which the institution is or might be exposed , the financial supervisor immediately notifies the european banking authority (eba) and the authority or body that supervises the credit institution in accordance with directive (eu) 2013/36 , including the ecb acting in accordance with council regulation (eu) 1024/201350 . ### 2. member states shall ensure that , where supervisors , non-aml/cft authorities or fius identify weaknesses in the aml/cft internal control system and application of the requirements of regulation [please insert reference – proposal for anti-money laundering regulation -com/2021/420 final] of a credit or financial institution which materially increase the risks to which the institution is or might be exposed , the supervisor , non-aml/cft authority , or fiu immediately notifies the european banking authority (eba) and the authority or body that supervises the institution affected in accordance union law , including the ecb acting in accordance with council regulation (eu)1024/201350 . in the event of potential increased risk , the respective supervisors shall be able to liaise with the authorities supervising the institution in accordance with union law and draw up a common assessment to be notified to the eba. amla shall be kept informed of any such notifications.


### financial supervisors and fius; ### financial supervisors and competent authorities;


### financial supervisors and competent authorities in charge of credit and financial institutions in accordance with other legislative acts relating to the supervision of credit and financial institutions , including the ecb acting in accordance with regulation (eu) 1024/2013 , whether within a member state or in different member states. ### financial supervisors and authorities in charge of supervising credit and financial institutions in accordance with other legislative acts relating to the supervision of credit and financial institutions , including the ecb acting in accordance with regulation (eu) 1024/2013 , whether within a member state or in different member states.


### for the purposes of the first subparagraph , point (c) , the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1. ### for the purposes of this paragraph , the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1 or equivalent requirements provided under union law.


### supervisors and the authorities responsible by law for the supervision of financial markets in the discharge of their respective supervisory functions; ### supervisors and the authorities responsible by law for the supervision of credit or financial institutions or financial markets in the discharge of their respective supervisory functions;


### 1. a parent undertaking shall ensure that the requirements on internal procedures , risk assessment and staff referred to in section 1 of this chapter apply in all branches and subsidiaries of the group in the member states and , for groups whose parent undertaking is established in the union in third countries. the group-wide policies , controls and procedures shall also include data protection policies and policies , controls and procedures for sharing information within the group for aml/cft purposes. ### 1. a parent undertaking shall ensure that the requirements on internal procedures , risk assessment and staff referred to in section 1 of this chapter apply in all branches and subsidiaries of the group in the member states and , for groups whose parent undertaking is established in the union in third countries. the group-wide policies , controls and procedures shall also include data protection policies and policies , controls and procedures for sharing information within the group for aml/cft purposes. to this end , a parent undertaking shall perform a group-wide risk assessment , taking into account the risks identified by all branches and subsidiaries of the group , and use it to establish and implement group-wide policies , controls and procedures. the group-wide policies , controls and procedures shall also include data protection policies and policies , controls and procedures for sharing information within the group for aml/cft purposes. obliged entities that are part of a group shall implement the aforementioned group-wide policies , controls and procedures , taking into account their specificities and risks to which they are exposed.


### 2. the policies , controls and procedures pertaining to the sharing of information referred to in paragraph 1 shall require obliged entities within the group to exchange information when such sharing is relevant for preventing money laundering and terrorist financing. the sharing of information within the group shall cover in particular the identity and characteristics of the customer , its beneficial owners or the person on behalf of whom the customer acts , the nature and purpose of the business relationship and the suspicions that funds are the proceeds of criminal activity or are related to terrorist financing reported to fiu pursuant to article 50 , unless otherwise instructed by the fiu. ### 2. the policies , controls and procedures pertaining to the sharing of information referred to in paragraph 1 shall require obliged entities within the group to exchange information when such sharing is relevant for preventing money laundering and terrorist financing , including customer due diligence and risk management. the sharing of information within the group shall cover in particular the identity and characteristics of the customer , its beneficial owners or the person on behalf of whom the customer acts , the nature and purpose of the business relationship and of the transactions , as well as , where applicable , the analysis of atypical transactions and the suspicions that funds are the proceeds of criminal activity or are related to terrorist financing reported to fiu pursuant to article 50 , unless otherwise instructed by the fiu.


### groups shall put in place group-wide policies , controls and procedures to ensure that the information exchanged pursuant to the first subparagraph is subject to sufficient guarantees in terms of confidentiality , data protection and use of the information , including to prevent its disclosure. ### groups shall put in place group-wide policies , controls and procedures to ensure that the information exchanged pursuant to the first and second subparagraph is subject to sufficient guarantees in terms of confidentiality , data protection and use of the information , including to prevent its disclosure.


### 1. where branches or subsidiaries of obliged entities are located in third countries where the minimum aml/cft requirements are less strict than those set out in this regulation , the obliged entity concerned shall ensure that those branches or subsidiaries comply with the requirements laid down in this regulation , including requirements concerning data protection , or equivalent. ### 1. where branches or subsidiaries of obliged entities are located in third countries where the minimum aml/cft requirements are less strict than those set out in this regulation , the parent undertaking shall ensure that those branches or subsidiaries comply with the requirements laid down in this regulation , including requirements concerning data protection , or equivalent.


### 2. where the law of a third country does not permit compliance with the requirements laid down in this regulation , obliged entities shall take additional measures to ensure that branches and subsidiaries in that third country effectively handle the risk of money laundering or terrorist financing , and the head office shall inform the supervisors of their home member state. where the supervisors of the home member state consider that the additional measures are not sufficient , they shall exercise additional supervisory actions , including requiring the group not to establish any business relationship , to terminate existing ones or not to undertake transactions , or to close down its operations in the third country. ### 2. where the law of a third country does not permit compliance with the requirements laid down in this regulation , the parent undertaking shall take additional measures to ensure that branches and subsidiaries in that third country effectively handle the risk of money laundering or terrorist financing , and shall inform the supervisors of their home member state of those additional measures. where the supervisors of the home member state consider that the additional measures are not sufficient , they shall exercise additional supervisory actions , including requiring the group not to establish any business relationship , to terminate existing ones or not to undertake transactions , or to close down its operations in the third country.


### 3. by [2 years after the date of application of this regulation] , amla shall issue guidelines on the risk variables and risk factors to be taken into account by obliged entities when entering into business relationships or carrying out occasional transactions. ### 3. by [2 years after the date of application of this regulation] , amla , , based also on consultations with eu bodies also already involved in the aml/cft framework , shall issue guidelines on the risk variables and risk factors to be taken into account by obliged entities when entering into business relationships or carrying out occasional transactions.


### 1. where an obliged entity is unable to comply with the customer due diligence measures laid down in article 16(1) , it shall refrain from carrying out a transaction or establishing a business relationship , and shall terminate the business relationship and consider filing a suspicious transaction report to the fiu in relation to the customer in accordance with article 50. ### 1. where an obliged entity is unable to comply with the customer due diligence measures laid down in article 16(1) , it shall not carrying out a transaction or establishing a business relationship , and shall terminate the business relationship and shall file1a a suspicious transaction report to the fiu in relation to the customer in accordance with article 50.


### the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014. ### the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014 with at least the assurance level "high".


### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] as well as additional information. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner. ### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall take the necessary measures including the consultation of the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final]. obliged entities shall determine the extent of the measures to be taken , having regard to the risks posed by the transaction or the business relationship and the beneficial owner. the obliged entities shall be satisfied that they know who the beneficial owner is , including , as regards legal persons , trusts , companies foundations and similar legal arrangements , taking necessary measures to understand the ownership and control structure of the customer.


### 6. the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the specific countermeasures identified pursuant to paragraph 5 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks. ### 6. the commission shall review the delegated acts referred to in paragraph 2 at least every two years to ensure that the specific countermeasures identified pursuant to paragraph 5 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks.


### 3. the commission , when drawing up the delegated acts referred to in paragraph 2 shall take into account information on jurisdictions under increased monitoring by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing , as well as relevant evaluations , assessments , reports or public statements drawn up by them. ### 3. the commission , when drawing up the delegated acts referred to in paragraph 2 shall take into account information from eu bodies also already involved in the eu aml/cft framework and from jurisdictions under increased monitoring by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing , as well as relevant evaluations , assessments , reports or public statements drawn up by them.


### 5. the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the specific enhanced due diligence measures identified pursuant to paragraph 4 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks. ### 5. the commission shall review the delegated acts referred to in paragraph 2 at least every two years to ensure that the specific enhanced due diligence measures identified pursuant to paragraph 4 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks.


### 3. for the purposes of determining the level of threat referred to in paragraph 1 , the commission may request amla to adopt an opinion aimed at assessing the specific impact on the integrity of the union’s financial system due to the level of threat posed by a third country. ### 3. for the purposes of determining the level of threat referred to in paragraph 1 , the commission may request amla to adopt an opinion aimed at assessing the specific impact on the integrity of the union’s financial system due to the level of threat posed by a third country. to do so , amla can contact other eu bodies also already involved in the eu aml/cft framework , as well as europol.


### 4. the commission , when drawing up the delegated acts referred to in paragraph 1 , shall take into account in particular relevant evaluations , assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing. ### 4. the commission , when drawing up the delegated acts referred to in paragraph 1 , shall take into account in particular relevant evaluations , assessments or reports drawn up by eu bodies also already involved in the aml/cft framework and by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.


### 7. the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the measures referred to in paragraphs 5 and 6 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks. ### 7. the commission shall review the delegated acts referred to in paragraph 2 at least every two years to ensure that the measures referred to in paragraphs 5 and 6 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks.


### 3. in issuing and reviewing the guidelines referred to in paragraph 1 , amla shall take into account evaluations , assessments or reports of international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing. ### 3. in issuing and reviewing the guidelines referred to in paragraph 1 , amla shall take into account evaluations , assessments or reports of eu bodies also already involved in the aml/cft framework , of international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.


### verify the identity of the customer and the beneficial owner after the establishment of the business relationship , provided that the specific lower risk identified justified such postponement , but in any case no later than 30 days of the relationship being established; ### verify the identity of the customer and the beneficial owner after the establishment of the business relationship , provided that the specific lower risk identified justified such postponement , but in any case no later than 60 days of the relationship being established;


### 2. obliged entities shall apply one or more of the measures referred to in article 28(4) to mitigate the risks posed by the business relationship , until such time as that person is deemed to pose no further risk , but in any case for not less than 12 months following the time when the individual is no longer entrusted with a prominent public function. ### 2. obliged entities shall apply one or more of the measures referred to in article 28(4) on a risk-sensitive basis to mitigate the risks posed by the business relationship , until such time as that person is deemed to pose no further higher risk , but in any case for not less than 24 months following the time when the individual is no longer entrusted with a prominent public function.


### 1. obliged entities may outsource tasks deriving from requirements under this regulation for the purpose of performing customer due diligence to an agent or external service provider , whether a natural or legal person , with the exception of natural or legal persons residing or established in third countries identified pursuant to section 2 of this chapter. ### 1. obliged entities may outsource tasks deriving from requirements under this regulation for the purpose of performing customer due diligence to an agent or external service provider established within the european union , whether a natural or legal person , with the exception of natural or legal persons residing or established in third countries identified pursuant to section 2 of this chapter.


### 1. in case of corporate entities , the beneficial owner(s) as defined in article 2(22) shall be the natural person(s) who control(s) , directly or indirectly , the corporate entity , either through an ownership interest or through control via other means. ### 1. in case of corporate and other legal entities regardless of form or structure , the beneficial owner(s) as defined in article 2(22) shall be the natural person(s) who owns , control(s) , directly or indirectly , or benefits from , the corporate entity , either through an ownership interest or through control via other means.


### (15) some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the high value that the small , transportable goods they deal with contain. for this reason , persons dealing in precious metals and precious stones should be subject to aml/cft requirements. ### (15) the trading of high value goods and services such as gold , diamonds and other precious stones , or high-value lifestyle goods , such as cultural artefacts , luxury cars , jewellery , watches , yachts and aircrafts are particularly exposed to very significant money laundering risks regardless of the means of payment. criminal organisations have recurrently used this method , which is easily accessible and does not require specific expertise , to convert criminal proceeds into goods that are in high demand in foreign markets. for this reason , persons dealing in precious metals and precious stones , jewels and watches , work of art as well as any other high value goods or services above 10 000 euros should be subject to aml/cft requirements.


### (49) in order to protect the proper functioning of the union financial system from money laundering and terrorist financing , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfeu) should be delegated to the commission to identify third countries , whose shortcomings in their national aml/cft regimes represent a threat to the integrity of the union’s internal market. the changing nature of money laundering and terrorist financing threats from outside the union , facilitated by a constant evolution of technology and of the means at the disposal of criminals , requires that quick and continuous adaptations of the legal framework as regards third countries be made in order to address efficiently existing risks and prevent new ones from arising. the commission should take into account information from international organisations and standard setters in the field of aml/cft , such as fatf public statements , mutual evaluation or detailed assessment reports or published follow-up reports , and adapt its assessments to the changes therein , where appropriate. ### (49) in order to protect the proper functioning of the union financial system from money laundering and terrorist financing , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfeu) should be delegated to the commission to identify third countries , whose shortcomings in their national aml/cft regimes represent a threat to the integrity of the union’s internal market. the changing nature of money laundering and terrorist financing threats from outside the union , facilitated by a constant evolution of technology and of the means at the disposal of criminals , requires that quick and continuous adaptations of the legal framework as regards third countries be made in order to address efficiently existing risks and prevent new ones from arising. the commission should take into account information from eu bodies also already involved in the eu aml/cft framework and from international organisations and standard setters in the field of aml/cft , such as fatf public statements , mutual evaluation or detailed assessment reports or published follow-up reports , and adapt its assessments to the changes therein , where appropriate.


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


### (54) potential external threats to the union’s financial system do not only emanate from third countries , but can also emerge in relation to specific customer risk factors or products , services , transactions or delivery channels which are observed in relation to a specific geographical area outside the union. there is therefore a need to identify money laundering and terrorist financing trends , risks and methods to which union’s obliged entities may be exposed. amla is best placed to detect any emerging ml/tf typologies from outside the union , to monitor their evolution with a view to providing guidance to the union’s obliged entities on the need to apply enhanced due diligence measures aimed at mitigating such risks. ### (54) potential external threats to the union’s financial system do not only emanate from third countries , but can also emerge in relation to specific customer risk factors or products , services , transactions or delivery channels which are observed in relation to a specific geographical area outside the union. there is therefore a need to identify money laundering and terrorist financing trends , risks and methods to which union’s obliged entities may be exposed. amla , with the support of other eu bodies also already involved in the aml/cft framework , can detect emerging ml/tf typologies from outside the union , to monitor their evolution with a view to providing guidance to the union’s obliged entities on the need to apply enhanced due diligence measures aimed at mitigating such risks.


### (65) detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. while a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners , it should be one factor among others to be taken into account. member states should be able , however , to decide that a percentage lower than 25% may be an indication of ownership or control. control through ownership interest of 25% plus one of the shares or voting rights or other ownership interest should be assessed on every level of ownership , meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined. ### (65) detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. control through ownership interest of 10% of the shares or voting rights or other ownership interest should be assessed on every level of ownership , meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.


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


### an undertaking other than a credit institution or an investment firm , which carries out one or more of the activities listed in points (2) to (12) , (14) and (15) of annex i to directive 2013/36/eu of the european parliament and of the council43 , including the activities of currency exchange offices (bureaux de change) , or the principal activity of which is to acquire holdings , including a financial holding company and a mixed financial holding company; ### an undertaking other than a credit institution or an investment firm , which carries out one or more of the activities listed in points (2) to (12) , (14) and (15) of annex i to directive 2013/36/eu of the european parliament and of the council43 , including the activities of currency exchange offices (bureaux de change) , and creditors as defined in article 4 point (2) of directive 2014/17/eu of the european parliament and of the council , and in article 3 , point (b) of directive 2008/48/ec of the european parliament and of the council , or an undertaking whose the principal activity is to acquire holdings , including a financial holding company and a mixed financial holding company;


### (22) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal entity or express trust or similar legal arrangement , as well as any natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted; ### (22) ‘beneficial owner’ means any natural person who ultimately owns , controls or benefits from a legal entity or an express trust or similar legal arrangement , or an organisation that has legal capacity under national law , as well as any natural person on whose behalf or for the benefit of whom a transaction or activity or business relationship is being conducted;


### (24) ‘formal nominee arrangement’ means a contract or a formal arrangement with an equivalent legal value to a contract , between the nominee and the nominator , where the nominator is a legal entity or natural person that issues instructions to a nominee to act on their behalf in a certain capacity , including as a director or shareholder , and the nominee is a legal entity or natural person instructed by the nominator to act on their behalf; ### (24) ‘formal nominee arrangement’ means a contract or an equivalent arrangement between a nominee and the nominator , where the nominator is a legal entity or natural person that issues instructions to a nominee to act on their behalf in a certain capacity , including as a director or shareholder , and the nominee is a legal entity or natural person instructed by the nominator to act on their behalf;


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


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


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


### buying and selling of real property or business entities; ### buying and selling of real or virtual property or business entities;


### estate agents , including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to eur 10 000 or more , or the equivalent in national currency; ### estate agents , including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to eur 2 000 or more , or the equivalent in national currency;


### persons trading or acting as intermediaries in the trade of works of art , including when this is carried out by art galleries and auction houses , where the value of the transaction or linked transactions amounts to at least eur 10 000 or the equivalent in national currency; ### persons trading or acting as intermediaries in the trade of works of art , including when this is carried out by art galleries and auction houses , where the value of the transaction or linked transactions amounts to at least eur 2 000 or the equivalent in national currency;


### persons storing , trading or acting as intermediaries in the trade of works of art when this is carried out within free zones and customs warehouses , where the value of the transaction or linked transactions amounts to at least eur 10 000 or the equivalent in national currency; ### persons storing , trading or acting as intermediaries in the trade of works of art when this is carried out within free zones and customs warehouses , where the value of the transaction or linked transactions amounts to at least eur 2 000 or the equivalent in national currency;


### 4. by [2 years after the entry into force of this regulation] , amla shall issue guidelines on the elements that obliged entities should take into account when deciding on the extent of their internal policies , controls and procedures. ### 4. by [2 years after the entry into force of this regulation] , amla , after consulting the european banking authority , shall develop draft regulatory technical standards and submit them to the commission for adoption. those draft regulatory technical standards shall specify the elements that obliged entities should take into account when deciding on the extent of their internal policies , controls and procedures based on their assessed level of risk. they shall also include guidance on how to determine the number of staff to be entrusted with compliance functions as set out in article 9 , taking into account the nature and size of obliged entities and the inherent risks of the sector in which they operate.


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of at least one share or voting right or other ownership interest in the corporate entity , including through bearer shareholdings or being party to a contract or financial instrument related to the shares , votes , assets or income of the corporate or legal entity , on every level of ownership.


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 10% or more of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership.


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘direct control through an ownership interest’ shall mean an ownership of 10% plus one of the shares or voting rights or other ownership interest in the corporate entity held by a natural person.


### for the purpose of this article , ‘control via other means’ shall include at least one of the following: ### for the purpose of this article , ‘control via other means’ shall include for example1a one of the following:


### the right to appoint or remove more than half of the members of the board or similar officers of the corporate entity; ### the right to appoint or remove any member of the board or similar officers of the corporate entity;


### 3. member states shall notify to the commission by [3 months from the date of application of this regulation] a list of the types of corporate and other legal entities existing under their national laws with beneficial owner(s) identified in accordance with paragraph 1. the notification shall include the specific categories of entities , description of characteristics , names and , where applicable , legal basis under the national laws of the member states. it shall also include an indication of whether , due to the specific form and structures of legal entities other than corporate entities , the mechanism under article 45(3) applies , accompanied by a detailed justification of the reasons for that. ### 3. member states shall notify to the commission by [3 months from the date of application of this regulation] a list of the types of corporate and other legal entities existing under their national laws with beneficial owner(s) identified in accordance with paragraph 1. the notification shall include the specific categories of entities , description of characteristics , names and , where applicable , legal basis under the national laws of the member states. it shall also include an indication of whether , due to the specific form and structures of legal entities other than corporate entities , the mechanism under article 45(3) applies , accompanied by a detailed justification of the reasons for that. in this notification , member states shall also include other legal entities or vehicles which , under national law , identification of beneficial ownership information is not deemed applicable , in particular if that is the case for investment vehicles such as special purpose vehicles or entities , protected cell companies or series limited liability companies.


### 4. the commission shall make recommendations to member states on the specific rules and criteria to identity the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this regulation]. in the event that member states decide not to apply any of the recommendations , they shall notify the commission thereof and provide a justification for such a decision. ### 4. the commission shall make recommendations to member states on the specific rules and criteria to identify the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this regulation] and indicate whether , on a risk sensitive basis , any specific rules should apply. these recommendations shall be public. in the event that member states decide not to apply any of the recommendations , they shall notify the commission thereof and provide a justification for such a decision.


### companies listed on a regulated market that is subject to disclosure requirements consistent with union legislation or subject to equivalent international standards; and ### companies listed on a regulated market that is subject to disclosure requirements consistent with union legislation or subject to equivalent international standards , provided that beneficial ownership information is gathered and available in equivalent terms as those set out in this chapter; and


### the settlor(s); ### the economic and legal settlor(s);


### member states shall notify to the commission by [3 months from the date of application of this regulation] a list of legal arrangements and of legal entities , similar to express trusts , where the beneficial owner(s) is identified in accordance with paragraph 1. ### member states shall notify to the commission by [3 months from the date of application of this regulation] a list of legal arrangements and of legal entities , similar to express trusts , where the beneficial owner(s) is identified in accordance with paragraph 1.


### 2. beneficial ownership information shall be obtained within 14 calendar days from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than 14 calendar days following any change of the beneficial owner(s) , and on an annual basis. ### 2. beneficial ownership information shall be obtained within 14 calendar days from the creation of legal entities or legal arrangements. it shall be updated promptly , and in any case no later than 14 calendar days following any change of the beneficial owner(s) , and according to the frequency as set-out in article 21.2 of this regulation.


### trustees obligations ### obligations relating to the identification of beneficial owners of express trusts or similar legal arrangements


### 2. where the legal entity , the trustee of the express trust or the person holding an equivalent position in a similar legal arrangement enters into multiple business relationships or acquires real estate in different member states , a certificate of proof of registration of the beneficial ownership information in a central register held by one member state shall be considered as sufficient proof of registration. ### 2. where the legal entity , the trustee of the express trust or the person holding an equivalent position in a similar legal arrangement enters into multiple business relationships or acquires real estate in different member states , a certificate of proof of registration of the beneficial ownership information in a central register held by one member state shall be considered as sufficient proof of registration. this certificate should in particular include reference to the requirements of article 10.3 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423final] in case no bo was identified.


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


### reporting to the fiu , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds , regardless of the amount involved , are the proceeds of criminal activity or are related to terrorist financing , and by responding to requests by the fiu for additional information in such cases; ### reporting to the fiu , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds or activities , regardless of the amount , are related to proceeds of criminal activity or to terrorist financing , and by responding to requests by the fiu for additional information in such cases;1a


### for the purposes of points (a) and (b) , obliged entities shall reply to a request for information by the fiu within 5 days. in justified and urgent cases , fius shall be able to shorten such a deadline to 24 hours. ### for the purposes of points (a) and (b) , obliged entities shall reply to are request for information by the fiu within 5 days or a different deadline set by the fiu taking account of the urgency and the complexity of the query.1a


### 2. for the purposes of paragraph 1 , obliged entities shall assess transactions identified pursuant to article 20 as atypical in order to detect those that can be suspected of being linked to money laundering or terrorist financing. ### 2. for the purposes of paragraph 1 , obliged entities shall assess transactions identified pursuant to article 20 as atypical in order to detect those that can be suspected of being linked to money laundering or terrorist financing. a suspicion is based , for example , on the characteristics of the customer and his/her/its counterparts , the size , nature and methods of execution of the transaction or activity , the link between several transactions or activities and any other circumstance known to the obliged entity , including the origin of funds or assets and the consistency of the transaction or activity with the risk profile of the client.1a


### 5. amla shall issue and periodically update guidance on indicators of unusual or suspicious activity or behaviours. ### 5. amla shall issue and periodically update guidance on indicators of unusual or suspicious activity or behaviours with the assistance of other eu bodies also already involved in the aml/cft framework.


### 1. persons trading in goods or providing services may accept or make a payment in cash only up to an amount of eur 10 000 or equivalent amount in national or foreign currency , whether the transaction is carried out in a single operation or in several operations which appear to be linked. ### 1. persons trading in goods or providing services may accept or make a payment in cash only up to an amount of eur 2 000 or equivalent amount in national or foreign currency , whether the transaction is carried out in a single operation or in several operations which appear to be linked.


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


### 10. member states shall , where possible , foster synergies with the national restoration plans of other member states , in particular for ecosystems that span across borders. ### 10. member states shall , where possible , foster synergies with the national restoration plans of other member states , in particular for ecosystems that span across borders. at sea , synergies should also be fostered through the processes foreseen in directive 2014/89/eu.


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


### member states shall submit a draft of the national restoration plan referred to in articles 11 and 12 to the commission by… [op please insert the date = the first day of the month following 24 months after the date of entry into force of this regulation]. ### member states shall submit a draft of the national restoration plan referred to in articles 11 and 12 to the commission by… [op please insert the date = the first day of the month following 18 months after the date of entry into force of this regulation].


### 5. member states shall take due account of any observations from the commission in its final national restoration plan. ### 5. member states shall take due account of any observations from the commission in its final national restoration plan and improve their restoration plans accordingly , while providing justifications about how the observations were addressed.


### 6. member states shall finalise , publish and submit to the commission the national restoration plan within six months from the date of receipt of observations from the commission. ### 6. member states shall finalise , publish and submit to the commission the national restoration plan within six months from the date of receipt of observations from the commission. the commission shall reject national restoration plans that are inadequate to meet the targets set out in articles 4 - 10 as well as the member state’s contribution to article 1(2) in line with their obligation under article 1(3). member states shall then re-submit their national restoration plan to the commission in reasonable time after the rejection , improving their plan to address the grounds of rejection.


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


### 5. the eea shall provide to the commission a union-wide technical report on the progress towards the achievement of the targets and obligations set out in this regulation on the basis of the data made available by member states in accordance with paragraphs 1 , 2 and 3 of this article. it may also use information reported under article 17 of directive 92/43/eec , article 15 of directive 2000/60/ec , article 12 of directive 2009/147/ec , and article 18 of directive 2008/56/ec. the report shall be provided by june 2032 and subsequent reports shall be provided every three years thereafter. ### 5. the eea shall provide to the commission a union-wide technical report on the progress towards the achievement of the targets and obligations set out in this regulation on the basis of the data made available by member states in accordance with paragraphs 1 , 2 and 3 of this article. it may also use information reported under article 17 of directive 92/43/eec , article 15 of directive 2000/60/ec , article 12 of directive 2009/147/ec , and article 18 of directive 2008/56/ec. the report shall be provided by june 2032 and subsequent reports shall be provided every three years thereafter. the report shall be made publicly available.


### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives. ### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives. this is necessary as the union failed to halt the decline of biodiversity between 2011 and 2020 and did not meet the target to restore at least 15 % of degraded ecosystems by 2020.1a the new targets will also bring positive impacts on food and productivity in the long-term and will be part of the union's insurance policy to ensure the union's long-term sustainability and resilience.1b


### (8) in its resolution of 9 june 202149 , the european parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets , and furthermore considered that in addition to an overall restoration target , ecosystem- , habitat- and species-specific restoration targets should be included , covering forests , grasslands , wetlands , peatlands , pollinators , free-flowing rivers , coastal areas and marine ecosystems. ### (8) in its resolution of 9 june 202149 , the european parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets to protect at least 30 % of the eu’s marine and terrestrial areas , covering a diverse range of ecosystems such as forests , wetlands , peatlands , grasslands and coastal ecosystems , and of strictly protecting at least 10 % of the eu’s marine and terrestrial areas , including all remaining primary and old-growth forests and other carbon-rich ecosystems and furthermore considered that in addition to an overall restoration target , ecosystem- , habitat- and species-specific restoration targets should be included , covering forests , grasslands , wetlands , peatlands , pollinators , free-flowing rivers , coastal areas and marine ecosystems including through sufficient funding and the implementation of clear and effective conservation plans , proper management , adequate monitoring and evaluation , and effective enforcement of relevant legislation.


### 2. this regulation establishes a framework within which member states shall put in place , without delay , effective and area-based restoration measures which together shall cover , by 2030 , at least 20 % of the union’s land and sea areas and , by 2050 , all ecosystems in need of restoration. ### 2. this regulation establishes a framework within which member states shall put in place , without delay , effective and area-based restoration measures which together shall cover , by 2030 , at least 30 % of the union’s land and 30% of the union's sea and , by 2050 , all ecosystems in need of restoration.


### 1. member states shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in annex ii which are not in good condition. such measures shall be in place on at least 30 % of the area of each group of habitat types listed in annex ii that is not in good condition , as quantified in the national restoration plan referred to in article 12 , by 2030 , on at least 60 % by 2040 , and on at least 90 % by 2050. ### 1. member states shall put in place the restoration measures that are necessary to significantly and permanently improve to good condition areas of habitat types listed in annex ii which are not in good condition. such measures shall be in place on at least 30 % of the area of each group of habitat types listed in annex ii that is not in good condition , as quantified in the national restoration plan referred to in article 12 , by 2030 , on at least 60 % by 2040 , and on at least 90 % by 2050 , in order to ensure that benefits from the restoration measures materialise on time.


### 2. member states shall put in place the restoration measures that are necessary to re-establish the habitat types listed in annex ii in areas not covered by those habitat types. such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types , as quantified in the national restoration plan referred to in article 12 , by 2030 , at least 60 % of that surface by 2040 , and 100 % of that surface by 2050. ### 2. member states shall put in place the restoration measures that are necessary to significantly and permanently re-establish the habitat types listed in annex ii in areas not covered by those habitat types. such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types , as quantified in the national restoration plan referred to in article 12 , by 2030 , at least 60 % of that surface by 2040 , and 100 % of that surface by 2050.


### 6. member states shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1 , 2 and 3 show a continuous improvement in the condition of the habitat types listed in annex ii until good condition is reached , and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. member states shall ensure that areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorate. ### 6. member states shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1 , 2 and 3 show a continuous improvement in the condition of the habitat types listed in annex ii until good condition is reached , and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. member states shall ensure that areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorate through the adoption of appropriate long-term conservation measures , such as spatial protection , which correspond to the ecological requirements of those areas and habitats.


### meeting the union’s international commitments. ### meeting the union’s international commitments , including the kunming-montreal global biodiversity framework.


### (54) restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits , an important reduction of green-house gas emissions and other environmental benefits , while at the same time contributing to a diverse agricultural landscape. member states can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland and extensification measures accompanied by reduced drainage , to full rewetting with the opportunity of paludicultural use , or the establishment of peat-forming vegetation. the most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. to allow for a flexible implementation of the restoration target for drained peatlands under agricultural use member states may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as , to a certain extent , the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. ### (54) rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits , an important reduction of green-house gas emissions and other environmental benefits , while at the same time contributing to a diverse agricultural landscape. the most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. full rewetting offers the opportunity of paludicultural use. to allow for a flexible implementation of the restoration target for drained peatlands under agricultural use member states may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as contributing to the achievement of the targets for drained peatlands under agricultural use. in order to fulfil the eu's international commitments under the paris agreement and its own climate targets , member states should aim at rewetting close to 100% of all drained peatlands constituting drained peatlands by 2050.


### (56) the new eu forest strategy for 203081 outlined the need to restore forest biodiversity. forests and other wooded land cover over 43 ,5 % of the eu’s land space. forest ecosystems that host rich biodiversity are vulnerable to climate change but are also a natural ally in adapting to and fighting climate change and climate-related risks , including through their carbon-stock and carbon-sink functions , and provide many other vital ecosystem services and benefits , such as the provision of timber and wood , food and other non-wood products , climate regulation , soil stabilisation and erosion control and the purification of air and water. ### (56) the new eu forest strategy for 203081 outlined the need to restore forest biodiversity. forests and other wooded land cover over 43 ,5 % of the eu’s land space. forest ecosystems that host rich biodiversity are vulnerable to climate change but are also a natural ally in adapting to and fighting climate change and climate-related risks , including through their carbon-stock and carbon-sink functions , and provide many other vital ecosystem services and benefits , such as the provision of timber and wood , food and other non-wood products , climate regulation , soil stabilisation and erosion control and the purification of air and water. for effective erosion control , it is necessary to identify varieties that can adapt quickly to new climatic conditions , are relatively fast-growing and can be grown on smaller or larger areas , as necessary.


### (57) restoration measures need to be put in place to enhance the biodiversity of forest ecosystems across the union , including in the areas not covered by habitat types falling within the scope of directive 92/43/eec. in the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems , it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators , such as standing and lying deadwood , the share of forests with uneven-aged structure , forest connectivity , the common forest bird index82 , and the stock of organic carbon. ### (57) restoration measures need to be put in place in the medium and long term to enhance the biodiversity of forest ecosystems across the union , including in the areas not covered by habitat types falling within the scope of directive 92/43/eec. in the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems in the medium and long term , it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators , such as standing and lying deadwood , the share of forests with uneven-aged structure , forest connectivity , the common forest bird index82 , and the stock of organic carbon.


### 2. member states shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this article , in accordance with the plan for their removal referred to in article 12(2) , point (f). when removing barriers , member states shall primarily address obsolete barriers , which are those that are no longer needed for renewable energy generation , inland navigation , water supply or other uses. ### 2. member states shall remove the barriers or use other methods that have the same impact on longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this article , in accordance with the plan for their removal referred to in article 12(2) , point (f). when removing barriers , member states shall primarily address obsolete barriers , which are those that are no longer needed for renewable energy generation , inland navigation , water supply or other uses.


### 2. member states shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this article , in accordance with the plan for their removal referred to in article 12(2) , point (f). when removing barriers , member states shall primarily address obsolete barriers , which are those that are no longer needed for renewable energy generation , inland navigation , water supply or other uses. ### 2. member states shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this article , in accordance with the plan for their removal referred to in article 12(2) , point (f). when removing barriers , member states shall primarily address obsolete barriers , which are those that are no longer needed for renewable energy generation , inland navigation or other uses.


### 2. the commission shall adopt implementing acts to establish a method for monitoring pollinator populations. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21(2). ### 2. the commission is empowered to adopt delegated acts in accordance with article 20 to develop practical and cost-effective methods for monitoring pollinator populations.


### 3. the method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance and diversity of pollinator species and for assessing pollinator population trends. ### 3. the method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance and diversity of pollinator species and for assessing pollinator population trends as well as the definition on satisfactory levels for each member state.


### (4) [placeholder for the restoration target of the new global biodiversity framework to be agreed at cbd cop 15] ### (4) the 15th conference of parties to the un convention on biological diversity adopted on the 19th of december 2022 the 'kunming-montreal global biodiversity framework' (gbf). the gbf points out four long-term goals for 2050 and 23 action-oriented global targets for urgent actions until 2030. target two foresees to ensure that at least 30 % of areas of degraded terrestrial , inland water , and coastal and marine ecosystems are under effective restoration , in order to enhance biodiversity and ecosystem functions and services , ecological integrity and connectivity. as this regulation is the respective instrument to attain the objective , this target should be included in this regulation. member states should be driven by the gbf in their decisions to attain the targets in their plans.


### (72) member states should promote a fair and cross-society approach in the preparation and implementation of their national restoration plans , by including processes for participation of the public and by considering the needs of local communities and stakeholders. ### (72) member states should promote a fair , transparent and cross-society approach in the preparation , implementation and review of their national restoration plans , by including processes for participation of the public and by considering the needs of local communities and stakeholders.


### (73) pursuant to regulation (eu) 2021/2115 of the european parliament and of the council106 , cap strategic plans are meant to contribute to the achievement of , and be consistent with , the long-term national targets set out in , or deriving from , the legislative acts listed in annex xiii to that regulation. this regulation on nature restoration should be taken into accountwhen , in accordance with article 159 of regulation (eu) 2021/2115 , the commission reviews , by 31 december 2025 , the list set out in annex xiii to that regulation. ### (73) pursuant to regulation (eu) 2021/2115 of the european parliament and of the council106 , cap strategic plans are meant to contribute to the achievement of , and be consistent with , the long-term national targets set out in , or deriving from , the legislative acts listed in annex xiii to that regulation. this regulation on nature restoration should be added in annex xiii of regulation (eu) 2021/2115when , in accordance with article 159 of regulation (eu) 2021/2115 , the commission reviews , by 31 december 2025 , the list set out in annex xiii.


### a. whereas given that the european parliament has already expressed its views on several specific features of the cfp , it is appropriate to mainly focus hereafter on the conservation of marine biological resources and the management of fisheries under the cfp; ### a. whereas given that the european parliament has already expressed its views on several specific features of the cfp , it is appropriate to keep a balance between the 3 pillars of sustainability , not just the environmental dimension , and to address gaps in the social dimension of the cfp;


### 1. recalls that the cfp must ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic , social and employment benefits , and of contributing to the availability of food supplies; ### 1. recalls that the cfp must ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic , social and employment benefits , of contributing to the availability of food supplies and to provide a fair standard of living for fisheries and aquaculture communities;


### member states shall establish annual or multiannual national control programmes for the inspections and the control of the rules of the common fisheries policy. ### member states shall establish annual or multiannual national control programmes for the inspections , the control and the surveillance of the rules of the common fisheries policy.


### national control programmes shall be risk-based and shall be updated at least once a year in particular taking into account newly adopted conservation and control measures. ### national control programmes shall be risk-based and shall be updated at least once a year in particular taking into account newly adopted conservation and control measures and the conclusions of annual evaluation report of the national control programme made by the commission.


### national control programmes shall be notified to the commission before the 31 december of each year and shall cover at least the following calendar year. ### national control programmes shall be notified to the commission before the 31 december of each year and shall cover at least the following calendar year , and published in the national fisheries authority webpage until 31 january of the following year.


### 2. by 30 june every year , member states shall submit to the commission a report on inspections and controls performed in the previous year , in accordance with the national control programmes and in compliance with the present regulation. ### 2. by 31 march every year , member states shall submit to the commission a report on inspections and controls performed in the previous year , in accordance with the national control programmes and in compliance with the present regulation.


### 1. certain fisheries may be subject to specific control and inspection programmes. the commission may , by means of implementing acts and in concert with the member states concerned , determine which fisheries shall be subject to the specific control and inspection programmes on the basis of the need for specific and coordinated control of the fisheries in question. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 119(2). ### 1. certain fisheries may be subject to specific control , inspection and surveillance programmes. the commission may , by means of implementing acts and in concert with the member states concerned , determine which fisheries shall be subject to the specific control , inspection and surveillance programmes on the basis of the need for specific and coordinated control of the fisheries in question. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 119(2).


### 1. member states shall set up a computerised database for the purpose of validation of data recorded in accordance with this regulation. the validation of the data recorded includes the cross-checking , analysis and verification of the data. ### 1. member states shall , until 31 december of the third year after entering in force the present regulation , set up a computerised database for the purpose of validation of data recorded in accordance with this regulation. the validation of the data recorded includes the cross-checking , analysis and verification of the data.


### 3. by way of derogation from paragraph 2 , quantities of fishery products totalling less than 30kg of fishery products of several species and coming from the same relevant geographical area and of the same presentation , per vessel and per day , may be put into the same lot by the operator of the fishing vessel , the producer organisation of which the operator of the fishing vessel is a member or by a registered buyer , prior to the placing on the market. ### 3. by way of derogation from paragraph 2 , quantities of fishery products totalling less than 50kg of fishery products of several species and coming from the same relevant geographical area and of the same presentation , per vessel and per day , may be put into the same lot by the operator of the fishing vessel , the producer organisation of which the operator of the fishing vessel is a member or by a registered buyer , prior to the placing on the market.


### the fao alpha-3 code of the species and the scientific name; ### the fao alpha-3 code of the species , the scientific name and the commercial common name;


### 7. member states may exempt from the requirements set out in this article small quantities of products sold directly from fishing vessels to consumers , provided that these do not exceed 5kg of fishery product per consumer per day. ### 7. member states may exempt from the requirements set out in this article small quantities of products sold directly from fishing vessels to consumers , provided that these do not exceed 5kg of fishery product per consumer per day and 150 kg of fishery product per week per vessel.


### 7. member states may exempt from the requirements set out in this article small quantities of products sold directly from fishing vessels to consumers , provided that these do not exceed 5kg of fishery product per consumer per day. ### 7. member states may exempt from the requirements set out in this article small quantities of products sold directly by the master or their delegate to consumers , provided that these do not exceed 30kg of fishery product per consumer per day.


### 10. this article shall not apply to ornamental fish , crustaceans and molluscs. ### 10. this article shall not apply to ornamental fish , crustaceans , molluscs and algae.


### 3. consumers acquiring up to an amount of 5 kg of fishery product per day which are not thereafter placed on the market but used only for private consumption shall be exempted from this article. ### 3. consumers acquiring up to an amount of 30 kg of fishery product per day which are not thereafter placed on the market but used only for private consumption shall be exempted from this article.


### (1) article 3(3) of regulation (eu) no 2016/1139 of the european parliament and of the council3 commits to implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. the plan is to be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1(1) of directive 2008/56/ec of the european parliament and of the council4. ### (1) article 3(3) of regulation (eu) no 2016/1139 of the european parliament and of the council3 commits to implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. the plan is to be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1(1) of directive 2008/56/ec of the european parliament and of the council4. it is essential that the plan contributes to having a healthy stock , which is then linked to sustainable fishing.


### (5) based on the stock assessment for eastern baltic cod , the commission adopted commission implementing regulation (eu) 2019/12485 , prohibiting until 31 december 2019 to fish for cod in ices subdivisions 24 to 26. ### (5) based on the stock assessment for eastern baltic cod , the commission adopted commission implementing regulation (eu) 2019/12485 , prohibiting until 31 december 2019 to fish for cod in ices subdivisions 24 to 26. that prohibition has had a significant impact on the eastern baltic region , especially on the small artisanal fishing sector.


### (7) the fishing fleets so far dependent on eastern baltic cod do not have the possibility to fish for other stocks as an alternative. it is estimated that offsetting the economic losses caused by the eastern baltic cod closure would require additional catches of around 20 ,000 tonnes in alternative species. however , the council also agreed severe reductions for other stocks , and notably a reduction of 65% for western baltic herring , 60% for western baltic cod , 32% for plaice , 27% for herring in the gulf of bothnia and 22% for sprat. ### (7) the fishing fleets so far dependent on eastern baltic cod do not have the possibility to fish for other stocks as an alternative. it is estimated that offsetting the economic losses caused by the eastern baltic cod closure would require additional catches of around 20 ,000 tonnes in alternative species. however , the council also agreed reductions for three consecutive years for other stocks , and notably a severe reduction of 65% for western baltic herring , 60% for western baltic cod , 32% for plaice , 27% for herring in the gulf of bothnia and 22% for sprat in the 2020 catch limits in the baltic sea.


### (8) commission analysis shows that the fleet segments with the highest dependency on eastern baltic cod encompass more than 300 vessels , mainly trawlers and netters in lithuania , latvia and poland , and to a lesser extent , denmark. these fleet segments are of significant socioeconomic importance , representing between roughly 20% and 50% of the respective national fleet in lithuania , latvia and poland , expressed in full-time equivalents. only a minority seem resilient enough to survive a short-term – but not a medium or long-term – closure. the rest either suffer already from a poor situation that will be worsened by the closure or will see their profitability completely erode. indeed , the quota uptake for eastern baltic cod has been below 60% for many years already , dropping further to 40% in 2018 and even lower in 2019 until the start of the commission emergency measures in mid-july (19%) , reflecting the biological problem with this fishery. given that eastern baltic cod is not expected to recover to healthy levels even in the medium term , there will be a persistent structural imbalance for these fleet segments , thus justifying the restructuring of the fleet. ### (8) commission analysis shows that the fleet segments with the highest dependency on eastern baltic cod encompass more than 300 vessels , mainly trawlers and netters in lithuania , latvia and poland , and to a lesser extent , denmark and germany. these fleet segments are of significant socioeconomic importance , representing between roughly 20% and 50% of the respective national fleet in lithuania , latvia and poland , expressed in full-time equivalents. only a minority seem resilient enough to survive a short-term – but not a medium or long-term – closure. the rest either suffer already from a poor situation that will be worsened by the closure or will see their profitability completely erode. indeed , the quota uptake for eastern baltic cod has been below 60% for many years already , dropping further to 40% in 2018 and even lower in 2019 until the start of the commission emergency measures in mid-july (19%) , reflecting the biological problem with this fishery. given that eastern baltic cod is not expected to recover to healthy levels even in the medium term , there will be a persistent structural imbalance for these fleet segments , thus justifying the restructuring of the fleet.


### (16) in order to mitigate the adverse economic effects caused by the exceptional and persistent environmental situation in the baltic sea and the resulting severe reductions in fishing opportunities and in view of the specific measures provided for in the multiannual plan for the baltic sea , public support for the permanent cessation of fishing activities through the scrapping of fishing vessels should be available to allow member states to meet the objectives of their action plans under article 22 of regulation (eu) no 1380/2013 and reduce any identified structural imbalance in the fishing segments covered by the baltic multiannual plan. regulation (eu) no 508/2014 should therefore be amended accordingly to reintroduce support for permanent cessation for the vessels that have significant dependence on eastern baltic cod. ### (16) in order to mitigate the adverse economic effects caused by the exceptional , persistent and negative environmental situation in the baltic sea and the resulting severe reductions in fishing opportunities and in view of the specific measures provided for in the multiannual plan for the baltic sea , public support for the permanent cessation of fishing activities through the scrapping of fishing vessels should be available to allow member states to meet the objectives of their action plans under article 22 of regulation (eu) no 1380/2013 and reduce any identified structural imbalance in the fishing segments covered by the baltic multiannual plan. regulation (eu) no 508/2014 should therefore be amended accordingly to reintroduce support for permanent cessation for the vessels that have significant dependence on eastern baltic cod.


### (21) in view of the bad economic situation of union fishing vessels with a significant dependence on eastern baltic cod and the need to ensure the availability of support under the emff for permanent cessation of fishing activities of those vessels , it was considered appropriate to provide for an exception to the eight-week period referred to in article 4 of protocol no 1 on the role of national parliaments in the european union , annexed to the teu , to the treaty on the functioning of the european union and to the treaty establishing the european atomic energy community , ### (21) in view of the bad economic situation of union fishing vessels with a significant dependence on eastern baltic cod and the need to ensure the availability of support under the emff for permanent cessation of fishing activities of those vessels , it was considered appropriate to provide for an exception to the eight-week period referred to in article 4 of protocol no 1 on the role of national parliaments in the european union , annexed to the teu , to the treaty on the functioning of the european union and to the treaty establishing the european atomic energy community with the aim of acting as quickly as possible while respecting the full democratic rights of all union institutions ,


### d. whereas still around 38 % of stocks in the north-east atlantic and around 92 % in the mediterranean are overexploited , according to the scientific , technical and economic committee for fisheries (stecf) , despite the legal requirement to stop overfishing by 2020; ### d. whereas still around 38 % of stocks in the north-east atlantic and around 92 % in the mediterranean are overexploited or exploited exceeding msy levels , according to the scientific , technical and economic committee for fisheries (stecf) , despite the legal requirement to stop overfishing by 2020;


### 2. calls on the commission and the member states to strengthen scientific coverage with the objective that 100 % of the fish stocks exploited in european waters be assessed at the latest by 2025 and that the msy can be calculated for all these stocks; ### 2. calls on the commission and the member states to strengthen scientific coverage with the objective that 100 % of the fish stocks exploited in european waters be assessed at the latest by 2025 and that the msy be calculated for all stocks that it is scientifically possible;


### 3. urges the commission to strengthen the implementation of the ecosystem approach to fisheries management in order to minimise negative impacts on marine ecosystems , fish stocks and society; ### 3. urges the commission to strengthen the implementation of the ecosystem approach to fisheries management in order to minimise negative impacts on marine ecosystems , fisheries stocks and society;


### 5. considers that the eu should go beyond current fisheries management practices and promote a transition towards low-impact fisheries in order to rebuild fish stocks and restore marine ecosystems; ### 5. considers that the eu should continue to promote a transition towards low-impact fisheries in order to rebuild fisheries stocks and restore marine ecosystems;


### 2. expresses its satisfaction with the court of auditors' declaration that the transactions underlying the agency’s annual accounts for the financial year 2018 are legal and regular; ### 2. expresses its satisfaction with the court of auditors' declaration that the transactions underlying the agency’s annual accounts for the financial year 2018 are legal and regular; stresses the absence of any open observations from the european court of auditors;


### 3. highlights that , in spite of the substantially increased budget since 2017 due to its new tasks , the agency achieved a successful implementation of its budget in 2018 , with a 99 ,7 % rate for commitments and 87 ,6 % for payments , in line with previous exercises; ### 3. highlights that , in spite of the substantially increased budget since 2017 due to its new tasks supporting -in cooperation with the european border and coast guard agency and the european maritime safety agency- coast guard functions at national and union level , the agency achieved a successful implementation of its budget in 2018 , with a 99 ,7 % rate for commitments and 87 ,6 % for payments , in line with previous exercises; encourages the agency to continue its efforts to ensure the optimum use of the appropriations allocated;


### 7. considers that the role of the agency in promoting the creation of the european border and coast guard should in no way undermine the agency’s core activity as the union body responsible for organising operational coordination of fisheries control activities; therefore stresses the need to provide the agency with adequate financial and human resources commensurate with its growing tasks; ### 7. considers that the role of the agency in promoting the creation of the european border and coast guard should in no way undermine the agency’s core activity as the union body responsible for organising operational coordination of fisheries control activities and providing assistance in that area to the member states and the commission; therefore stresses the need to provide the agency with adequate financial and human resources commensurate with its growing tasks;


### 8. remarks that the agency promoted a policy of equal treatment aiming to improve the gender balance among its staff; notes that , on 31 december 2018 , the overall percentage of female staff members was 44 %; regrets that the percentage of female staff grade ad8 or higher was 15 % , 7 percentage points below the level achieved in 2017; calls on the agency to strengthen its gender balance policy; ### 8. remarks that the agency promoted a policy of equal treatment aiming to improve the gender balance among its staff; notes that after the adoption of implementing rules on anti-harassment by the administrative board in 2017 , the agency launched and successfully finalised a call for confidential counsellors , organising awareness sessions for staff for prevention of harassment in 2018; notes that , on 31 december 2018 , the overall percentage of female staff members was 44 %; regrets that the percentage of female staff grade ad8 or higher was 15 % , 7 percentage points below the level achieved in 2017; calls on the agency to strengthen its gender balance policy;


### 13. recalls the importance to develop a long term hr policy on work-life balance , lifelong guidance and career development , gender balance , teleworking , geographical balance and recruitment and integration of people with disabilities; ### 13. recalls the importance to develop a long term hr policy on work-life balance , lifelong guidance and the offer of specific training possibilities for career development , gender balance at all staff levels , teleworking , right to disconnect , the enhancement of a geographical balance to have an appropriate representation from all member states , and the recruitment and integration of people with disabilities as well as the promotion of their equal treatment and their opportunities;