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 amending Council 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))
Date: 2001-04-05
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: credit institution, financial institution, judicial cooperation in criminal matters in the EU, money laundering, organised crime, recycling of capital

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(cid:129) having regard to its position at second reading (1) on the Council common position (2),

(cid:129) having regard to the Commission(cid:146)s opinion on Parliament(cid:146)s amendments to the common position

(COM(2000) 768 (cid:129) C5-0772/2000),

Thursday 5 April 2001

(cid:129) having regard to Article 251(5) of the EC Treaty,

(cid:129) having regard to Rule 83 of its Rules of Procedure,

(cid:129) 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;

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of

2.
the EC Treaty;

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of

3.
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.

(cid:145)Texts Adopted(cid:146) of 3.10.2000, Item 7.

(1)
(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 amending
Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose
of money laundering (12469/1/2000 (cid:129) C5-0678/2000 (cid:129) 1999/0152(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:129) having regard to the Council common position (12469/1/2000 (cid:129) C5-0678/2000) (1),

(cid:129) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1999) 352) (3),

(cid:129) having regard to Article 251(2) of the EC Treaty,

(cid:129) having regard to Rule 80 of its Rules of Procedure,

(cid:129) having regard to the recommendation for second reading of the Committee on Citizens(cid:146) Freedoms and

Rights, Justice and Home Affairs (A5-0090/2001),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 36, 2.2.2001, p. 24.
(2)
(3) OJ C 177 E, 27.6.2000, p. 14.

(cid:145)Texts Adopted(cid:146) of 5.7.2000, Item 11.

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Official Journal of the European Communities

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COUNCIL
COMMON POSITION

AMENDMENTS
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 adapted
accordingly. 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 the
Community must be protected effectively. The Directive
should 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 in
which lawyers and non-lawyers work together, is repre-
senting a client in formal legal proceedings or giving legal
advice, it would not be appropriate under the Directive to
put 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.

(cid:145)competent authorities(cid:146) means
the national authorities
empowered by law or regulation to supervise the activity of any
of the institutions or persons subject to this Directive.

F.

(cid:145)competent authorities(cid:146) means the national authorities des-
ignated by a Member State for the institutions and
persons 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;

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COMMON POSITION

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AMENDMENTS
BY PARLIAMENT

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 written
by 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 periodic
premium amount or amounts to be paid in any given year
does 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 are
increased so as to exceed the € 1 000 threshold, identification
shall be required.

By way of derogation from the preceding paragraphs,
3.
the
identification requirements with regard to insurance
policies written by insurance undertakings within the meaning
of Council Directive 92/96/EEC of 10 November 1992 on
the coordination of laws, regulations and administrative
provisions relating to direct life assurance and amending
Directives 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 where
the periodic premium amount or amounts to be paid in any
given 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 is
or 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 or
sell 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 identification
requirement laid down in this Directive if they register
and identify their customers immediately on entry, regard-
less of the number of gambling chips purchased.

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COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 21

ARTICLE 1, POINT 4

4.

In Articles 4, 5, 8 and 10 the terms (cid:145)credit and financial
institutions(cid:146) shall be replaced by (cid:145)the institutions and per-
sons subject to this Directive(cid:146).

4.

In Articles 4, 5 and 10 the terms (cid:145)credit and financial insti-
tutions(cid:146) shall be replaced by (cid:145)the institutions and persons
subject to this Directive(cid:146).

Amendment 22

ARTICLE 1, POINT 5
Article 6, paragraph 3, subparagraph 2 (Directive 91/308/EEC)

independent

Member States shall not be obliged to apply the obligations laid
down in paragraph 1 to notaries,
legal profes-
sionals, auditors, external accountants and tax advisors with
regard to information 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 represent-
ing that client in, or concerning judicial proceedings, including
advice on instituting or avoiding proceedings, whether such
information is received or obtained before, during or after
such 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 to
information 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 advice
such
on instituting or
information is received or obtained before, during or after
such proceedings.

avoiding proceedings, whether

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 the
combating 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 the
combating 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 to
the customer concerned or to other third parties that
information has been supplied to the authorities in
accordance 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 by
the relevant professional regulations.

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COUNCIL
COMMON POSITION

Thursday 5 April 2001

AMENDMENTS
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 not
involve the institution or person or its directors or employees
in liability of any kind.

The disclosure to the authorities responsible for combating
money laundering by an institution or person subject to this
Directive 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 or
owing 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(cid:146) financial interests, the authorities responsible for
combating money laundering referred to under Arti-
cle 6 and, within its competences, the Commission
shall collaborate for the purpose of preventing and
detecting money laundering. To this end they shall
exchange relevant information on suspicious trans-
actions. Information thus exchanged shall be covered
by rules of professional secrecy. The Commission may
take 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 its
activities within the framework of
this Directive
without restrictions.