Attachment

THE ASSOCIATION COMMITTEE,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, signed in Brussels on 27 June 2014, and in particular Articles 61, 249, 436, 438 and 449 thereof,

Whereas:

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (‘the Agreement’) entered into force on 1 July 2016.

Articles 61 and 249 of the Agreement provide that the Republic of Moldova is to carry out approximation of its legislation to the EU acts and international instruments (‘the Union acquis’) referred to in Annex XXVIII-A (Rules applicable to financial services) to the Agreement (‘Annex XXVIII-A’).

The Union acquis referred to in Annex XXVIII-A concerning money laundering has evolved since the conclusion of negotiations of the Agreement in June 2013. In particular, the Union adopted and notified to the Republic of Moldova Directive (EU) 2015/849 of the European Parliament and of the Council^f1 and Regulation (EU) 2015/847 of the European Parliament and of the Council^f2.

The Republic of Moldova continues the process of approximating its legislation to the Union acquis, in accordance with the timelines and priorities set out in Annex XXVIII-A. It is therefore necessary to update Annex XXVIII-A in order to ensure that the evolution of the Union acquis listed therein with respect to money laundering is promptly and efficiently integrated in the ongoing process of approximation, in accordance with Article 449 of the Agreement.

Directive (EU) 2015/849 and Regulation (EU) 2015/847 should therefore be added to the list set out in Annex XXVIII-A.

Directive 2005/60/EC of the European Parliament and of the Council^f3 and Commission Directive 2006/70/EC^f4 should be removed from the list set out in Annex XXVIII-A with effect from 26 June 2017.

Article 436(3) of the Agreement provides that the EU-Republic of Moldova Association Council (‘the Association Council’) is to have the power to update or amend the Annexes to the Agreement.

Pursuant to Article 438(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

By Decision No 3/2014^f5 the Association Council delegated the power to update or amend the Annexes to the Agreement which relate, inter alia, to Chapter 6 (Establishment, trade in services and electronic commerce) of Title V (Trade and Trade-related Matters) of the Agreement to the Association Committee meeting in Trade configuration, to the extent that there are no specific provisions in Chapter 6 relating to the update or the amendment of those Annexes. There are no specific provisions in Chapter 6 relating to the update or the amendment of the Annexes.

Annex XXVIII-A should therefore be updated accordingly,

HAS ADOPTED THIS DECISION: