CELEX: 22021D1514
Language: en
Date: 2018-12-05 00:00:00
Title: Decision of the EEA Joint Committee No 249/2018 of 5 December 2018 amending Annex IX (Financial services) to the EEA Agreement [2021/1514]

23.9.2021   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 337/42
               
            
         DECISION OF THE EEA JOINT COMMITTEE No 249/2018
         of 5 December 2018
         amending Annex IX (Financial services) to the EEA Agreement [2021/1514]
         THE EEA JOINT COMMITTEE,
         Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,
         Whereas:
         
                     (1)
                  
                  
                     Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (1) is to be incorporated into the EEA Agreement.
                  
               
                     (2)
                  
                  
                     Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies (2) is to be incorporated into the EEA Agreement.
                  
               
                     (3)
                  
                  
                     Directive (EU) 2015/849 repeals Directive 2005/60/EC of the European Parliament and of the Council (3) and Commission Directive 2006/70/EC (4), which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement.
                  
               
                     (4)
                  
                  
                     Annex IX to the EEA Agreement should therefore be amended accordingly,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            Annex IX to the EEA Agreement shall be amended as follows:
            
                        1.
                     
                     
                        The text of point 23b (Directive 2005/60/EC of the European Parliament and of the Council) is replaced by the following:
                        ‘32015 L 0849: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
                        The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptation:
                        
                                    (a)
                                 
                                 
                                    Point (d) of Article 3(4) shall be replaced by the following:
                                    “fraud affecting the Union’s financial interests, where it is at least serious, as defined below:
                                    
                                                (i)
                                             
                                             
                                                in respect of expenditure, any intentional act or omission relating to:
                                                
                                                            —
                                                         
                                                         
                                                            the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds from the general budget of the European Union or budgets managed by, or on behalf of, the European Union,
                                                         
                                                      
                                                            —
                                                         
                                                         
                                                            non-disclosure of information in violation of a specific obligation, with the same effect,
                                                         
                                                      
                                                            —
                                                         
                                                         
                                                            the misapplication of such funds for purposes other than those for which they were originally granted;
                                                         
                                                      
                                          
                                                (ii)
                                             
                                             
                                                in respect of revenue as defined in Council Decision of 29 September 2000 on the system of the European Communities' own resources (5) any intentional act or omission relating to:
                                                
                                                            —
                                                         
                                                         
                                                            the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the illegal diminution of the resources of the general budget of the European Union or budgets managed by, or on behalf of, the European Union,
                                                         
                                                      
                                                            —
                                                         
                                                         
                                                            non-disclosure of information in violation of a specific obligation, with the same effect,
                                                         
                                                      
                                                            —
                                                         
                                                         
                                                            misapplication of a legally obtained benefit, with the same effect.
                                                         
                                                      
                                          Serious fraud shall be considered to be fraud involving a minimum amount not to be set at a sum exceeding Euro 50 000.”’
                                 
                              
                  
                        2.
                     
                     
                        The text of point 23ba (Commission Directive 2006/70/EC) is deleted.
                     
                  
                        3.
                     
                     
                        The following point is inserted after point 23ba (Commission Directive 2006/70/EC):
                        
                                    ‘23bb.
                                 
                                 
                                    
                                       32016 R 1675: Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies (OJ L 254, 20.9.2016, p. 1).’
                                 
                              
                  
                        4.
                     
                     
                        The following indent is added in point 31bc (Regulation (EU) No 648/2012 of the European Parliament and of the Council):
                        
                                    ‘-
                                 
                                 
                                    
                                       32015 L 0849: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 (OJ L 141, 5.6.2015, p. 73).’
                                 
                              
                  
         
            Article 2
            The texts of Directive (EU) 2015/849 and Delegated Regulation (EU) 2016/1675, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
         
         
            Article 3
            This Decision shall enter into force on 6 December 2018, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).
         
         
            Article 4
            This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
         
         
            Done at Brussels, 5 December 2018.
            
               
                  For the EEA Joint Committee
               
               
                  The President
               
               Oda Helen SLETNES
            
            
               
                  The Secretaries
               
               
                  To the EEA Joint Committee
               
               Hege M. HOFF
               Mikołaj KARŁOWSKI
            
         
         
            (1)  OJ L 141, 5.6.2015, p. 73.
         
            (2)  OJ L 254, 20.9.2016, p. 1.
         
            (3)  OJ L 309, 25.11.2005, p. 15.
         
            (4)  OJ L 214, 4.8.2006, p. 29.
         
            (5)  OJ L 253, 7.10.2000, p. 42.
         
            (*)  Constitutional requirements indicated.
      
      
         
            Declaration of the EFTA States
            to Decision No 249/2018 incorporating Directive (EU) 2015/849 into the EEA Agreement
            Directive (EU) 2015/849 contains provisions with references to acts adopted under Title V TFEU. It is recalled that the incorporation of acts with such provisions into the EEA Agreement is without prejudice to the understanding that EU legislation adopted pursuant to Title V TFEU falls outside the scope of the EEA Agreement.
         
      
      
         
            Joint Declaration by the Contracting Parties
            to Decision No 249/2018 incorporating Directive (EU) 2015/849 into the EEA Agreement
            The Contracting Parties have agreed to include serious fraud affecting the financial interests of the European Union in the list of predicate offences to money laundering. For practical reasons, the Fourth Money Laundering Directive (Directive (EU) 2015/849) has been incorporated without a reciprocal agreement to protect likewise the financial interests of the EEA EFTA States. Nevertheless, the principles of reciprocity and homogeneity as laid down in the EEA Agreement, particularly in its Recital 4 and Article 1, remain fully applicable also to the mutual protection against criminal activity affecting the financial interests of the Contracting Parties in the meaning of Decision No 249/2018 of 5 December 2018.