 having regard to its position at second reading (1) on the Council common position (2),
 having regard to the Commissions opinion on Parliaments amendments to the common position
(COM(2000) 768  C5-0772/2000),
 having regard to Article 251(5) of the EC Treaty, having regard to Rule 83 of its Rules of Procedure, having regard to the report of its delegation to the Conciliation Committee (A5-0111/2001),
1. Approves the joint text and draws attention to the Commission statement thereon;
2. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of
the EC Treaty;
3. Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of
the Council, to have it published in the Official Journal of the European Communities;
4. Instructs its President to forward this legislative resolution to the Council and Commission.
(1) Texts Adopted of 3.10.2000, Item 7.
(2) OJ C 228, 9.8.2000, p. 1.
3. Money laundering ***II
A5-0090/2001
European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a Directive of the European Parliament and of the Council amendingCouncil Directive 91/308/EEC on prevention of the use of the financial system for the purpose
of money laundering (12469/1/2000  C5-0678/2000  1999/0152(COD))
(Codecision procedure: second reading)
The European Parliament,
 having regard to the Council common position (12469/1/2000  C5-0678/2000) (
1),
 having regard to its position at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1999) 352) (3),
 having regard to Article 251(2) of the EC Treaty, having regard to Rule 80 of its Rules of Procedure, having regard to the recommendation for second reading of the Committee on Citizens Freedoms and
Rights, Justice and Home Affairs (A5-0090/2001),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 36, 2.2.2001, p. 24.
(2) Texts Adopted of 5.7.2000, Item 11.
(3) OJ C 177 E, 27.6.2000, p. 14.24.1.2002 EN C 21 E/305 Official Journal of the European Communities
Thursday 5 April 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 1
RECITAL 9a (new)
(9a) The suppression of organised crime in particular is
closely linked to measures to combat money laundering.The list of predicate offences should therefore be adaptedaccordingly. However, there is as yet no standard defini-tion of organised crime, either internationally or at Euro-pean Union level. The Directive should consequently
make the necessary clarification. In addition, Article 280
of the Treaty stipulates that the financial interests of theCommunity must be protected effectively. The Directiveshould be considered to form part of that protection.
Amendment 5
RECITAL 16a (new)
(16a) Where an independent lawyer, a law firm, or, in
Member States where this is permitted, a partnership inwhich lawyers and non-lawyers work together, is repre-senting a client in formal legal proceedings or giving legaladvice, it would not be appropriate under the Directive toput that lawyer, law firm, or partnership under an obli-gation to report suspicions of money laundering.
Amendment 9
ARTICLE 1, POINT 1
Article 1, point B, subparagraph 4a (new) (Directive 91/308/EEC)
4a. a supervisory body empowered by law or regulation
to oversee stock, foreign exchange and financial deri-vatives markets.
Amendment 11
ARTICLE 1, POINT 1
Article 1, point F (Directive 91/308/EEC)
F. competent authorities means the national authorities
empowered by law or regulation to supervise the activity of anyof the institutions or persons subject to this Directive .F. competent authorities means the national authorities des-
ignated by a Member State for the institutions andpersons concerned .
Amendment 14
ARTICLE 1, POINT 2
Article 2a, points 6 and 7, (Directive 91/308/EEC)
6. dealers in high-value goods, such as precious stones or
metals, whenever payment is made in cash, and in an amount
of € 15 000 or more;6. dealers in precious stones or metals, or works of art ;C 21 E/306 EN 24.1.2002 Official Journal of the European Communities
Thursday 5 April 2001
7. casinos. 7. persons selling luxury goods at a sale price over
€ 50 000;
7a. auctioneers, where the proceeds of the auction of a
single lot are more than € 15 000;
7b. security companies which transport money;7c. persons who operate, own or manage casinos;
7d. customs and tax officials carrying out their duties
under Article 6.
Amendment 18
ARTICLE 1, POINT 3
Article 3, paragraph 3 (Directive 91/308/EEC)
3. By way of derogation from paragraphs 1 and 2 , the iden-
tification requirements with regard to insurance policies writtenby insurance undertakings within the meaning of Directive 79/
267/EEC, where they perform activities which fall within the
scope of that Directive shall not be required where the periodicpremium amount or amounts to be paid in any given yeardoes or do not exceed € 1 000 or where a single premium is
paid amounting to € 2 500 or less. If the periodic premium
amount or amounts to be paid in any given year is or areincreased so as to exceed the € 1 000 threshold, identification
shall be required.3. By way of derogation from the preceding paragraphs,
the identification requirements with regard to insurancepolicies written by insurance undertakings within the meaningofCouncil Directive 92/96/EEC of 10 November 1992 on
the coordination of laws, regulations and administrativeprovisions relating to direct life assurance and amendingDirectives 79/267/EEC and 90/619/EEC (third life assur-ance Directive) (
1), where they perform activities which fall
within the scope of that Directive shall not be required wherethe periodic premium amount or amounts to be paid in anygiven year does or do not exceed € 3 000 or where a single
premium is paid amounting to € 10 000 or less. If the periodic
premium amount or amounts to be paid in any given year isor are increased so as to exceed the € 3 000 threshold, identifi-
cation shall be required.
(1) OJ L 360, 9.12.1992, p. 1.
Amendment 19
ARTICLE 1, POINT 3
Article 3, paragraph 5 (Directive 91/308/EEC)
5. By way of derogation from paragraphs 1 and 2, Member
States shall ensure that identification is required either when a cus-tomer enters a casino or when a customer pays in cash for the pur-chasing of gambling chips with a value of € 2 500 or more, or
exchanges gambling chips for a casino cheque of such value .5. By way of derogation from the preceding paragraphs, all
casino customers shall be identified if they purchase orsell gambling chips with a value of € 1 000 or more.
Amendment 20
ARTICLE 1, POINT 3
Article 3, paragraph 5 subparagraph 1a (new) (Directive 91/308/EEC)
Casinos subject to State supervision shall be deemed in
any event to have complied with the identificationrequirement laid down in this Directive if they registerand identify their customers immediately on entry, regard-less of the number of gambling chips purchased.24.1.2002 EN C 21 E/307 Official Journal of the European Communities
Thursday 5 April 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 21
ARTICLE 1, POINT 4
4. In Articles 4, 5, 8and 10 the terms credit and financial
institutions shall be replaced by the institutions and per-sons subject to this Directive.4. In Articles 4, 5 and 10 the terms credit and financial insti-
tutions shall be replaced by the institutions and personssubject to this Directive.
Amendment 22
ARTICLE 1, POINT 5
Article 6, paragraph 3, subparagraph 2 (Directive 91/308/EEC)
Member States shall not be obliged to apply the obligations laid
down in paragraph 1 to notaries, independent legal profes-sionals, auditors, external accountants and tax advisors withregard to information they receive from or obtain on one oftheir clients, in the course of ascertaining the legal position for
their client or performing their task of defending or represent-
ing that client in, or concerning judicial proceedings, includingadvice on instituting or avoiding proceedings, whether suchinformation is received or obtained before, during or aftersuch proceedings.Member States shall not apply the obligations laid down in
paragraph 1 to notaries, independent legal professionals, audi-tors, external accountants and tax advisors with regard toinformation they receive from or obtain on one of their clients,in the course of ascertaining the legal position for their client
or performing their task of defending or representing that
client in, or concerning judicial proceedings, including adviceon instituting or avoiding proceedings, whether suchinformation is received or obtained before, during or aftersuch proceedings.
Amendment 23
ARTICLE 1, POINT 5
Article 6, paragraph 4 (Directive 91/308/EEC)
4. Information supplied to the authorities in accordance
with paragraph 1 may be used only in connection with thecombating of money laundering. However, Member States may
provide that such information may also be used for other purposes.4. Information supplied to the authorities in accordance
with paragraph 1 may be used only in connection with thecombating of money laundering.
Amendment 24
ARTICLE 1, POINT 6a new
Article 8 (Directive 91/308/EEC)
6a. Article 8 shall be replaced by the following:
Article 8
The institutions and persons subject to this Directive
and their directors and employees shall not disclose tothe customer concerned or to other third parties thatinformation has been supplied to the authorities inaccordance with Articles 6 and 7 or a money launder-ing investigation is being carried out, unless the per-son or institution concerned is required to do so bythe relevant professional regulations.C 21 E/308 EN 24.1.2002 Official Journal of the European Communities
Thursday 5 April 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 25
ARTICLE 1, POINT 7
Article 9 (Directive 91/308/EEC)
The disclosure in good faith to the authorities responsible for
combating money laundering by an institution or person sub-ject to this Directive or by an employee or director of such an
institution or person of the information referred to in Articles 6
and 7 shall not constitute a breach of any restriction on dis-
closure of information imposed by contract or by any legis-lative, regulatory or administrative provision, and shall notinvolve the institution or person or itsdirectors or employees
in liability of any kind.The disclosure to the authorities responsible for combating
money laundering by an institution or person subject to thisDirective or by their directors or employees of the
information referred to in Articles 6 and 7 shall not constitute
a breach of any restriction on disclosure of information
imposed by contract or by any legislative, regulatory or admin-istrative provision, and shall not involve the institution or per-son or their directors or employees in liability of any kind
unless the information disclosed is untrue deliberately orowing to gross negligence .
Amendment 26
ARTICLE 1, POINT 9a (new)
Article 12, paragraph 1a (new) (Directive 91/308/EEC)
9a. Article 12 shall be supplemented by the following
paragraph:
In case of fraud, corruption or other illegal activities
damaging or likely to damage the European Commun-ities financial interests, the authorities responsible for
combating money laundering referred to under Arti-
cle 6 and, within its competences, the Commissionshall collaborate for the purpose of preventing anddetecting money laundering. To this end they shallexchange relevant information on suspicious trans-actions. Information thus exchanged shall be coveredby rules of professional secrecy. The Commission maytake every step required for the above purpose.
Amendment 27
ARTICLE 1, POINT 9b (new)
Article 12, paragraph 1b (new) (Directive 91/308/EEC)
9b. Article 12 shall be supplemented by the following
paragraph:
The European Anti-Fraud Office (OLAF) or, where
applicable and if established, the office of a European
public prosecutor shall be empowered to pursue itsactivities within the framework of this Directivewithout restrictions.24.1.2002 EN C 21 E/309 Official Journal of the European Communities
Thursday 5 April 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT