Version in force , Modified +1,051 −25§
Amended by Regulation (EU) 2021/557 32021R0557 on EUR-Lex (external, EUR-Lex)
dates added to the text: 2015-05-20, 2021-04-09
Explanation, written by a model and checked against the cited text
Point (a) no longer refers to FATF high-risk and non-cooperative jurisdiction listings, and instead refers to a third country being listed as high-risk with strategic deficiencies in its anti-money laundering and counter terrorist financing regime under Article 9 of Directive (EU) 2015/849.
A new point (aa) has been added, covering third countries listed in Annex I of the EU list of non-cooperative jurisdictions for tax purposes.
A new final paragraph has been added requiring notification by the investor to competent tax authorities where an SSPE is established after 9 April 2021 in a jurisdiction mentioned in Annex II for operating a harmful tax regime, a paragraph not present in the earlier version.
Cited: Art. 4, v2 (external, EUR-Lex) · Art. 4, v1 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version 32017R2402 → this version, in force 9 April 2021 02017R2402-20210409
Article 4
Requirements for SSPEs
SSPEs shall not be established in a third country to which any of the following applies:
(a) the third country is listed as a high-risk third country that has strategic deficiencies in its regime on anti-money laundering and counter terrorist financing, in accordance with Article 9 of Directive (EU) 2015/849 of the European Parliament and of the Council
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 (OJ L 141, 5.6.2015, p. 73).;
(aa) the third country is listed in Annex I of the EU list of non-cooperative jurisdiction by the FATF; jurisdictions for tax purposes;
(b) the third country has not signed an agreement with a Member State to ensure that that third country fully complies with the standards provided for in Article 26 of the Organisation for Economic Cooperation and Development (OECD) Model Tax Convention on Income and on Capital or in the OECD Model Agreement on the Exchange of Information on Tax Matters, and ensures an effective exchange of information on tax matters, including any multilateral tax agreements.For an SSPE established, after 9 April 2021, in a jurisdiction mentioned in Annex II for the reason of operating a harmful tax regime, the investor shall notify the investment in securities issued by that SSPE to the competent tax authorities of the Member State in which the investor is resident for tax purposes.