Database on German and European Economic Law

 Directive 2015/849/EU

I. Description

The threats associated with money laundering and terrorist financing are constantly evolving, which requires regular updates of the rules.

This package, which complements other actions taken or planned by the Commission in respect of fight against crime, corruption and tax evasion, includes:

  1. A directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing

  2. A regulation on information accompanying transfers of funds to secure "due traceability" of these transfers

In particular, the new Directive:

improves clarity and consistency of the rules across the Member States

  1. by providing a clear mechanism for identification of beneficial owners. In addition, companies will be required to maintain records as to the identity of those who stand behind the company in reality.
  2. by improving clarity and transparency of the rules on customer due diligence in order to have in place adequate controls and procedures, which ensure a better knowledge of customers and a better understanding of the nature of their business. In particular, it is important to make sure that simplified procedures are not wrongly perceived as full exemptions from customer due diligence.

  3. and by expanding the provisions dealing with politically exposed persons, (i.e. people who may represent higher risk by virtue of the political positions they hold) to now also include “domestic” (those residing in EU Member States) (in addition to 'foreign') politically exposed persons and those in international organisations. This includes among others head of states, members of government, members of parliaments, judges of supreme courts.

  4. extends its scope to address new threats and vulnerabilities
  5. by ensuring for instance a coverage of the gambling sector (the former directive covered only casinos) and by including an explicit reference to tax crimes.

  6. promotes high standards for anti-money laundering
  7. by going beyond the FATF requirements in bringing within its scope all persons dealing in goods or providing services for cash payment of €7,500 or more, as there have been indications from certain stakeholders that the current €15,000 threshold was not sufficient. Such persons will now be covered by the provisions of the Directive including the need to carry out customer due diligence, maintain records, have internal controls and file suspicious transaction reports. That said, the directive provides for minimum harmonisation and Member States may decide to go below this threshold.

  8. strengthens the cooperation between the different national Financial Intelligence Units (FIUs) whose tasks are to receive, analyse and disseminate to competent authorities reports about suspicions of money laundering or terrorist financing.

(Source: h​t​t​p​:​/​/​e​u​r​o​p​a​.​e​u​/​r​a​p​i​d​/​p​r​e​s​s​-​r​e​l​e​a​s​e​_​I​P​-​1​3​-​8​7​_​e​n​.​h​t​m​?​l​o​c​a​l​e​=​e​n)

II. General Information

Title

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

Status
Existing
Directive
2015/849/EU
Source
O.J. EU No L (Legislation), Edition 141, Year 2015, p.73
Adoption
05/20/2015
Promulgation
06/05/2015
Character
Lamfalussy Framework Act
Legal Basis
Art. 114 AEUV
Legislative Procedure
Codecision procedure

III. Versions and Legislative History

1. Versions

Titel
Allg. Daten
Textfassung

Original Text :
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

  2015/849/EU

Beschluss:
05/20/2015 (A)
Verkuendung:
06/05/2015 (P)
(A) Adoption | (P) Promulgation

2. Legislative History

Datum
Typ / Titel
Textfassungen
Proposal
COM(2013) 45 final

3. Comments

Datum
Stellungnahme
Textfassungen
09/23/2014
Die Deutsche Kreditwirtschaft (DK)
Comment on: Kommissionsvorschlag
08/25/2014
Wirtschaftsprüferkammer (wpk)
Comment on: Kommissionsvorschlag
12/2014
Deutscher Anwaltverein (DAV)
Comment on: Kommissionsvorschlag

4. Legal Impact

Auswirkungstyp
Richtlinie
Textfassungen
Amendment
  Regulation (EU) No 648/2012
Repeal
  Directive 2006/70/EC
Repeal
  Directive 2005/60/EC

Legend

Legislative Act Status

Documents

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Overview

I. Description
II. General Information
III. Versions and Legislative History
1. Versions
2. Legislative History
3. Comments
4. Legal Impact