Prevention and fight against money laundering phenomenon: Assessment of the article 16 of the proposal for a Directive revising (EU) 2015/849
The European Land Registry Association welcomes the proposal and the recognition of the role of land registers in their fight against money laundering.
From a technical point of view, attention is drawn to the following points of the proposal which are subject to technical improvement.
Prevention and fight against money laundering phenomenon: the role of land registries
The complex issue of tackling dirty money flows is not new. The fight against money laundering and terrorist financing is vital for financial stability and security in Europe. Legislative gaps in one Member State have an impact on the EU. That is why EU rules must be implemented and supervised efficiently and consistently to combat crime and protect our financial system. Ensuring the efficiency and consistency of the EU AML framework is of the utmost importance.
The action plan that, on 7 May 2020, the European Commission adopted is structured on six pillars: (i) effective implementation of existing rules; (ii) a single EU rulebook; (iii) EU-level supervision; (iv) a support and cooperation mechanism for financial intelligence units; (v) better use of information to enforce criminal law; and (vi) a stronger EU in the world (link)
ELRA Stands in solidarity with Ukraine
The Board of Directors met on 4th March 2022 in Brussels adopted the following declaration: “In this tremendously difficult moment that our neighboring country, Ukraine, is going through, ELRA, as a European Association, representing Land Registries in Europe, wishes to express solidarity with the Ukrainian people.
President von der Leyen said that “this is a moment of truth for Europe”, a moment when Europe shows the values for which we stand for, defending the primacy of the rule of law and democracy. The way we, Europeans, show our commitment today with the Ukrainian people will determine the future we want for Europe: a space of peace and a space of freedom.
ELRA statement on Land Registry Interconnection (LRI)
ELRA is aware of the need of the interconnection of the Land Registries and its advantages, which demands a serious effort and commitment both at national and European level within the framework of the Treaty on the Functioning of the European Union (TFEU).
Land Registries, while maintaining its individuality, its historical and cultural characteristics, and keeping the quality and legal effects of the information according to their national legislation, should evolve to provide a digital information by means of a European interconnected system, based on a transparent and harmonized semantic model, securing their consistency and interoperability.
Thus, ELRA aims to contribute to a better understanding of national information on immovable property making it more accessible, and therefore, useful for professionals, courts, and citizens in general.
ELRA statement on Digitalisation of Justice
The European Land Registry Association has been informed of the publication of the Communication on Digitalisation of Justice in the European Union by the European Commission on 2 December 2020.
This Communication aims to make judicial cooperation in cross-border matters more effective as a result of COVID-19 encouraging the authorities involved in each country to use digital technology, rather than paper, to communicate and to provide legal information. Its purpose is to improve access to justice by ensuring that individuals, companies and legal practitioners involved in cases can communicate digitally with the competent authorities in other countries.
ELRA statement: Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
Statement by the Board of the European Land Registry Association (ELRA) concerning the Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
Following the questionnaires and debates of the ELRA CPs, we found a great diversity among MS whether information about REM is checked, registered or disclosed by the land registry, notary or any other public organ.
In order to accomplish the principle of the unity of the applicable law, the possibility to disclose or register foreign matrimonial property regimes should be improved within MS. Technological tools or mechanisms could also be developed to exchange this sort of information.
ELRA statement: Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims (COM (2018) 96 final)
Statement by the Board of the European Land Registry Association (ELRA) concerning the Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims (COM (2018) 96 final).
After analysing the impact of the Proposal for a Regulation, the European LR organizations have expressed their concern with the scheme proposed.
In order to prevent dysfunctions in the internal market by damaging the national LR systems, ELRA considers that a specific disposition should be envisaged in the future regulation for the assignment of claims backed with an immovable registered security.
ELRA statement: Reorganisation and Restructuring of Land Registries
Statement by the Board of the European Land Registry Association (ELRA) concerning the reorganisation and restructuring of land registries:
ELRA represents 31 official land registry organisations from 22 member states of the European Union. The Association’s primary purpose is to support the development and understanding of the role of land registration in real property and capital markets in Europe.
ELRA Statement :Interconnection of Land Registers
The members of ELRA want to make land registry information more readily available to support cross-border activity, to support the 4 freedoms and to facilitate judicial co-operation.
ELRA is therefore pleased to work with the European Institutions on projects that will help to achieve this.
