in force 2025-01-17 MODIFIED+326 −131§
Amended by Regulation (EU) 2022/2554 32022R2554
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2015-05-20 · dates removed: 2024-05-31
Sources disagree — the text comparison found this change; the EU's own amendment metadata does not list it and the amending act's instructions do not mention it. All are shown; none is overruled.
The reference identifying a high-risk third country in point (a) of paragraph 4 changed from citing Article 29 of Regulation (EU) 2024/1624 to citing Article 9 of Directive (EU) 2015/849.
The accompanying footnote description of the cited act was replaced accordingly, now naming Directive (EU) 2015/849 of 20 May 2015 with its own title and Official Journal reference instead of Regulation (EU) 2024/1624 of 31 May 2024.
Cited: Art. 3, v1 · Art. 3, v2
text before / after
02012R0648-20241224 → 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 CouncilRegulation CouncilDirective (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.