Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC = Negotiating mandate - Hoofdinhoud

Council of the European Union Brussels, 19 December 2016 (OR. en)

15615/16

Interinstitutional File: 2016/0208 (COD) i

EF 390 ECOFIN 1192 DROIPEN 217 CRIMORG 184 COTER 136 CODEC 1908 IA 141 FISC 237

NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee

No. Cion doc.: COM(2016) 450 final i

Subject: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or

terrorist financing and amending Directive 2009/101/EC i = Negotiating mandate

• I. 

  INTRODUCTION

• 1. 

  On 5 July 2016, the Commission presented a proposal for a Directive of the European

  Parliament and of the Council amending Directive (EU) 2015/849 of the European Parliament

  and of the Council on the prevention of the use of the financial system for the purposes of

  money laundering or terrorist financing. 1

1 Doc. ST10678/16

• 2. 

  The European Central Bank was invited to deliver its opinion on 19 August 2016 and it

  delivered its opinion on 12 October 2016. 2 The European Economic and Social Committee

was invited to deliver its opinion on 19 August 2016 and it delivered its opinion on 19

October 2016. 3

• 3. 

  The joint opinion from the ECON and LIBE Committees of the European Parliament is still pending.

• 4. 

  The Impact Assessment was presented by the Commission during the Working Party meeting on 19 July 2016.

II. STATE OF PLAY

• 5. 

  The proposal has been examined by the Working Party on Financial Services in eight meetings during the Slovak Presidency, and five compromise proposals have been prepared with a view to reaching an agreement on the Council's negotiating mandate.

• 6. 

  The Council Legal Service provided an opinion on the Commission proposal on 16 December 2016.

• 7. 

  Following deliberations in the Working Party of 14 December 2016, the Presidency has revised its latest compromise text with a view to reaching an agreement on a negotiating

  mandate 4 .

• 8. 

  The Presidency is of the opinion that the current compromise reflects the best achievable balance and could be supported as Council's negotiating mandate .

2 Doc. ST13303/16

3 Doc. ST13666/16

4 Doc. ST15901/2/14

III. CONCLUSION

• 9. 

  Against this background the Presidency recommends that the Permanent Representatives

  Committee: - agree on the negotiating mandate with regard to the proposed Directive, as set out in document 15605/16 EF 389 ECOFIN 1191 DROIPEN 216 CRIMORG 183 COTER 135 CODEC 1905 IA 140 FISC 236; - enter into its minutes the statements set out in Addendum to this note; - invite the incoming Maltese Presidency to pursue, when practicable, negotiations with the European Parliament on the basis of that mandate with a view to reaching an agreement at the first reading.

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