Αρχική Τροποποίηση του ν.4557/2018 (Α΄139) για την πρόληψη και καταστολή της νομιμοποίησης εσόδων από εγκληματικές δραστηριότητες και της χρηματοδότησης της τρομοκρατίας- Ενσωμάτωση της Οδηγίας (ΕΕ) 2018/843Άρθρο 17 – Κεντρικός αυτοματοποιημένος μηχανισμός ηλεκτρονικής ανάκτησης δεδομένων – Προσθήκη άρθρου 21Α στο ν. 4557/2018Σχόλιο του χρήστη Thaer SABRI | 11 Σεπτεμβρίου 2020, 16:09
  • Σχόλιο του χρήστη 'Thaer SABRI' | 11 Σεπτεμβρίου 2020, 16:09

    The Law appears to apply to any EMI or PI, including EMIs and PIs acting in Greece by way of cross-border services. This scope includes EMIs and PIs whose competent authorities are not in Greece and to which the link with Greece might be confined to the location of their customer. Additionally, these PSPs are already required to report payment accounts associated with an IBAN to their local competent authority under implementing legislation for article 32a of directive 2018/843 (“5MLD”) in their own member state. This would therefore result in multiple reporting obligations, for the same account, in at least two Member States. The reporting formats are likely to differ, as will the timelines. We believe the application of this obligation to cross border service providers is disproportionate and acts to erode the benefits of the single market. It may in some circumstances, where the volume of business does not justify the cost for these firms, lead them to withdraw their offerings in Greece. We propose the following change to Article 17 (new article 21A, paragraph 1d): d) any data and information on natural or legal person or legal entity held by the credit institutions of Law 4261/2014 (A '107), including the branches of foreign credit institutions, the payment institutions of Law 3862/2010 ( Α΄ 113) and the electronic money institutions of law 4021/2011 (Α '218) that operate in the Greek territory, with physical presence, and are kept in the Register of the Bank of Greece, as well as of the payment service providers that accept payment card transactions (card acquirers) based abroad and who are established in Greece, serving companies in Greece. The EMA strongly supports a harmonised approach across the EU, and proposes that the Greek transposition of 5MLD should be in line with 5MLD, and limit the account register only to payment and bank accounts associated with an IBAN. Going beyond 5MLD will have a significant impact on payment specialist PSPs, especially those that offer low-value or limited/one-time use products, as the administrative burden of reporting all these short-term accounts will outweigh the benefit to law enforcement. In fact even single and short-term-use payment products with an IBAN do not merit inclusion in the scope of the register, for example a one-time virtual card used by a corporate to pay expenses.  a) payment accounts designated by IBAN number, as defined in Regulation (EU) 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical requirements and business rules for credit transfers and direct debits in euros and with the amendment of Regulation (EC) no. (