Version in force , Modified +319 −124§
Amended by Regulation (EU) 2022/2554 32022R2554 on EUR-Lex (external, EUR-Lex)
dates added to the text: 2015-05-20 · dates removed: 2024-05-31
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Article 3(4)(1)(a) changes the reference used to identify a high-risk third country, replacing the citation to Article 29 of Regulation (EU) 2024/1624 with a citation to Article 9 of Directive (EU) 2015/849, along with the accompanying footnote identifying that Directive.
Cited: Art. 3, v1 (external, EUR-Lex) · Art. 3, v2 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 24 December 2024 02012R0648-20241224 → this version, in force 17 January 2025 02012R0648-20250117
Article 3
Intragroup transactions
1. In relation to a non-financial counterparty, an intragroup transaction shall be an OTC derivative contract entered into with another counterparty which is part of the same group provided that the following conditions are met:
(a) both counterparties are … 634 unchanged words … purposes of this Article, transactions with counterparties established in any of the following third countries shall not benefit from any of the exemptions for intragroup transactions:
(a) where the third country is a high-risk third country, as referred to in Article 29 9 of Regulation Directive (EU) 2024/1624 2015/849 of the European Parliament and of the Council
Regulation Directive (EU) 2024/1624 2015/849 of the European Parliament and of the Council of 31 20 May 2024 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing 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, 2024/1624, 19.6.2024, L 141, 5.6.2015, p. 73, ELI: http://data.europa.eu/eli/reg/2024/1624/oj).; http://data.europa.eu/eli/dir/2015/849/oj).;
(b) where the third country is listed in Annex I to the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes in its most up-to-date version.
5. Where appropriate due to identified issues in the legal, supervisory and enforcement arrangements of a third country and where those issues result in increased risks, including counterparty credit risk and legal risk, the Commission is empowered to adopt delegated acts in accordance with Article 82 to supplement this Regulation by identifying the third countries whose entities are not permitted to benefit from any of the exemptions for intragroup transactions despite those third countries not being third countries as referred to in paragraph 4 of this Article.