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Article 2 - Definitions

Article 2
Definitions

For the purposes of this Directive, the definitions set out in Article 2(1) of Regulation (EU) 2024/1624 apply.

The following definitions also apply:

((1))

‘financial supervisor’ means a supervisor in charge of credit institutions and financial institutions;

((2))

‘non-financial supervisor’ means a supervisor in charge of the non-financial sector;

((3))

‘non-financial sector’ means the obliged entities listed in Article 3, point (3), of Regulation (EU) 2024/1624;

((4))

‘obliged entity’ means a natural or legal person listed in Article 3 of Regulation (EU) 2024/1624 that is not exempted in accordance with Article 4, 5, 6 or 7 of that Regulation;

((5))

‘home Member State’ means the Member State where the registered office of the obliged entity is located or, if the obliged entity has no registered office, the Member State in which its head office is located;

((6))

‘host Member State’ means a Member State, other than the home Member State, in which the obliged entity operates an establishment, such as a subsidiary or a branch, or where the obliged entity operates under the freedom to provide services through an infrastructure;

((7))

‘customs authorities’ means the customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013 of the European Parliament and of the Council 34 and the competent authorities as defined in Article 2(1), point (g), of Regulation (EU) 2018/1672 of the European Parliament and of the Council 35;

((8))

‘AML/CFT supervisory college’ means a permanent structure for cooperation and information sharing for the purposes of supervising a group or an entity that operates in a host Member State or third country;

((9))

‘draft national measure’ means the text of an act, whichever its form, which, once enacted, will have legal effect, the text being at a stage of preparation at which substantial amendments can still be made;

((10))

‘securities account’ means a securities account as defined in Article 2(1), point (28), of Regulation (EU) No 909/2014 of the European Parliament and of the Council 36;

((11))

‘securities’ means financial instruments as defined in Article 4(1), point (15), of Directive 2014/65/EU of the European Parliament and of the Council 37.

  1. 34 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code ( OJ L 269, 10.10.2013, p. 1 ). ↩
  2. 35 Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005 ( OJ L 284, 12.11.2018, p. 6 ). ↩
  3. 36 Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 ( OJ L 257, 28.8.2014, p. 1 ). ↩
  4. 37 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU ( OJ L 173, 12.6.2014, p. 349 ). ↩
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