Activities of Caterina CHINNICI related to 2021/0240(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) 1094/2010, (EU) 1095/2010
Amendments (37)
Amendment 40 #
Proposal for a regulation
Recital 2
Recital 2
(2) Cross-border nature of crime, especially organised crime, and criminal proceeds endanger Union financial system efforts relating to prevention of money laundering and financing of terrorism and to countering organised crime. Those efforts have to be tackled at Union level through the creation of an Authority responsible for contributing to the implementation of harmonised rules. In addition, the Authority should pursue a harmonised approach to strengthen the Union’s existing AML/CFT preventive framework, and specifically AML supervision and cooperation between FIUs. That approach should reduce divergences in national legislation and supervisory practices and introduce structures that benefit the smooth functioning of the internal market in a determined manner and should, consequently, be based on Article 114 TFEU.
Amendment 54 #
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period of at least three years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced.
Amendment 59 #
Proposal for a regulation
Recital 48
Recital 48
(48) To guarantee the proper functioning of the Authority, and to allow it to carry out all the tasks assigned to it under this Regulation, the Authority should be provided with adequate staffing and adequate financial resources; funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 67 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64 a) Five years after the Authority becomes fully operational, the Commission should conduct a review of the Authority's performance in relation to its mandate, objectives and tasks and its contribution to the non-quantifiable objective of tackling organised criminal groups by depriving them of their assets;
Amendment 72 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes, including virtual assets and cryptocurrencies, under the Union restrictive measures across the internal market;
Amendment 128 #
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of onthree years after ceasing to hold office, the former members of the Executive Board, including the Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
Amendment 151 #
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
3. On the occasion of every second evaluation, there shall be an assessment of the results achieved by the Authority having regard to its objectives, mandate and tasks, including an assessment of whether the continuation of the Authority is still justified with regard to these objectives, mandate and tasks. That assessment shall consider that the work carried out by the Authority always involves national home affairs and judicial authorities, as well as several already existing EU agencies, and that therefore its performance depends on the effectiveness of the Union AML/CFT system as a whole;
Amendment 203 #
Proposal for a regulation
Recital 2
Recital 2
(2) Cross-border nature of crime, especially organised crime, and criminal proceeds endanger Union financial system efforts relating to prevention of money laundering and financing of terrorism and to countering organised crime. Those efforts have to be tackled at Union level through the creation of an Authority responsible for contributing to the implementation of harmonised rules. In addition, the Authority should pursue a harmonised approach to strengthen the Union’s existing AML/CFT preventive framework, and specifically AML supervision and cooperation between FIUs. That approach should reduce divergences in national legislation and supervisory practices and introduce structures that benefit the smooth functioning of the internal market in a determined manner and should, consequently, be based on Article 114 TFEU.
Amendment 289 #
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period of at least three years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced.
Amendment 297 #
Proposal for a regulation
Recital 48
Recital 48
(48) To guarantee the proper functioning of the Authority, and to allow it to carry out all the tasks assigned to it under this Regulation, the Authority should be provided with adequate staffing levels and adequate financial resources; funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 299 #
Proposal for a regulation
Recital 58
Recital 58
(58) Without prejudice to the obligations of the Member States and their authorities, the processing of personal data on the basis of this Regulation for the purposes of the prevention of money laundering and terrorist financing should be considered lawful, in particular, to the extent that it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 (1) (a) of Regulation (EU) 2018/1725 of the European Parliament and of the Council41 and Article 6 (1) (e) of Regulation 2016/679 of the European Parliament and of the Council42 , or when it is necessary for compliance with a legal obligation to which the controller is subject pursuant to Article 5 (1) (b) of Regulation (EU) 2018/1725 and Article 6 (1) (c) of Regulation 2016/679. When developing any instruments or taking any decisions that may have a significant impact on the protection of personal data, the Authority should closely cooperate, where relevant, withonsult the European Data Protection BoardSupervisor established by Regulation (EU) 2016/679 and with the European Data Protection Supervisor established by Regulation (EU) 2018/1725 to avoid duplication8/1725. The Authority should adopt internal rules in accordance with Article 25 of Regulation (EU) 2018/1725 which may restrict the rights of the data subjects, when such restrictions are necessary for the performance of its tasks. _________________ 41 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 42 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 302 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Regulation (EU) 2016/679 of the European Parliament and of the Council applies to the processing of personal data for the purposes of this Regulation. Regulation (EU) 2018/1725 of the European Parliament and of the Council applies to the processing of personal data by the Union institutions and bodies for the purposes of this Regulation.
Amendment 310 #
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) The choice of the location of the seat of the Authority should ensure an equitable geographical distribution of institutions, bodies and agencies of the Union among Member States.
Amendment 311 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) Five years after the Authority becomes fully operational, the Commission should conduct a review of the Authority's performance in relation to its mandate, objectives, tasks and contribution to the non-quantifiable objective of tackling cross border criminal activities, in particular organised criminal groups by depriving them of their assets;
Amendment 318 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) contributing to identify and assess risks and threats of money laundering and terrorist financing across the internal market, as well as risks and threats originating from outside the Union that are impacting, or have the potential to impact the internal market;
Amendment 344 #
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1 The choice of the location of the seat of the Authority shall ensure an equitable geographical distribution of institutions, bodies and agencies of the Union among Member States.
Amendment 345 #
Proposal for a regulation
Article 4 – paragraph -1 a (new)
Article 4 – paragraph -1 a (new)
-1a The choice of the location of the seat of the Authority shall also take into consideration the quality of the national AML/CFT framework, experience of local authorities, availability of highly qualified staff training centre(s) for AML/CFT activities, adequate security, reputation and background. The choice of the location of the seat of the Authority shall also comply with the following conditions: (a) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall ensure that the Authority can benefit from the location’s IT services and infrastructures in order to maintain an effective management of the FIU.NET; (f) it shall ensure that the Authority can rely on an adequate and conducive hosting capacity and infrastructures so as to offer a suitable venue for supranational and multi-lateral activities.
Amendment 347 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Authority shall therefore have its seat in […]
Amendment 408 #
Proposal for a regulation
Article 5 – paragraph 5 – point -a (new)
Article 5 – paragraph 5 – point -a (new)
(-a) maintain an up-to-date list of FIUs within the Union;
Amendment 409 #
Proposal for a regulation
Article 5 – paragraph 5 – point -a a (new)
Article 5 – paragraph 5 – point -a a (new)
(-aa) monitor changes in FIUs’ legal status and framework, tasks, powers, organization, focusing on resources and powers for the performance of their tasks;
Amendment 411 #
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) develop appropriate methods and procedures for the conduct of such joint analyses of cross-border cases;
Amendment 415 #
Proposal for a regulation
Article 5 – paragraph 5 – point h
Article 5 – paragraph 5 – point h
(h) support the interaction of FIUs with obliged entitieeffective compliance by obliged entities and interaction with FIUs by providing specialised training to obliged entities, including improving their awareness and procedures to detect suspicious activities and financial operations and their reporting to the FIUs;
Amendment 464 #
1. The Authority shall establish and keep up to date a central database of information collected pursuant to paragraph 2. The Authority shall analyse the information received and ensure that it is made available to supervisory authorities on a need-to-know and confidential basis. The Authority may share the results of its analysis on its own initiative with supervisory authorities for the purposes of facilitating their supervisory activities. The data collected pursuant to paragraph 2 shall be treated in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725 of the European Parliament and of the Council.
Amendment 481 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Authority shall establish time limits for the erasure of personal data or for a periodic review of the need for storage of personal data collected pursuant to paragraph 2. Procedural measures shall ensure that those time limits are observed.
Amendment 836 #
-1. The Authority shall define methods and criteria for the selection and prioritisation of cases relevant for joint analyses, in accordance with Article 25 of [OP please insert the next number to the AMLD, COM(2021)423]. FIUs shall identify cases which, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423] and with respect to the criteria referred to in the first subparagraph, could be made subject to joint analysis with one or several FIUs in other Member States and shall notify the Authority thereof. The Authority shall establish, on a regular basis, a list of cases that can be submitted to joint analyses, taking account of the priority pursuant to the methods and criteria mentioned in the first subparagraph, and shall invite FIUs to express their interest and availability to take part in the analyses. Based on FIU's availability and on the level of priority, the Authority shall establish a work programme and launch joint analysis exercises accordingly.
Amendment 844 #
3. Upon explicit consent of the FIUs participFIUs participating in joint analyses shall make available any relevant informationg in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joaccordance with Article 24 of [OP please insert the next number to the AMLD, COM(2021)423]. The staff of the Authority supporting the joint analysis shall access to and process data relevant to that purpose int analysis and shall be able to process those dataccordance with Article 6 (3) (c) of this Regulation.
Amendment 859 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Executive Board shall determine the rights and obligations of the FIU delegates in relation to the Authority. FIUs shall ensure that their FIU delegate is able to comply with those rights and obligations.
Amendment 888 #
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. The supervisory authorities, FIUs and obliged entities shall make every effort to comply with those guidelines and recommendations.
Amendment 908 #
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. Member States shall aim to ensure a gender balance in the representatives of supervisory authorities of obliged entities that they nominate.
Amendment 918 #
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Amendment 928 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The five members of the Executive Board referred to in paragraph 1, point (b), shall be selected following an open selection procedure which shall be published in the Official Journal of the European Union. They shall be appointed by the General Board based on the shortlist drawn by the Commission. The selection shall respect the principles of experience, qualification, gender balance, and, to the extent possible, gender and geographical balance.
Amendment 935 #
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of onthree years after ceasing to hold office, the former members of the Executive Board, including the Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
Amendment 940 #
Proposal for a regulation
Article 53 – paragraph 4 – point m a (new)
Article 53 – paragraph 4 – point m a (new)
(ma) appoint a Fundamental Rights Officer from the existing staff.
Amendment 945 #
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Amendment 976 #
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The Administrative Board of Review shall be composed of five individuals of high repute, having a proven record of relevant knowledge and professional experience, including supervisory experience in the area of anti- money laundering and countering the financing of terrorism, excluding current staff of the Authority, as well as current staff of AML/CFT supervisory authorities and FIUs or other national or Union institutions, bodies, offices and agencies who are involved in the carrying out of the tasks conferred on the Authority by this Regulation. A gender balance shall be ensured in the composition of the Administrative Board of Review. The Administrative Board of Review shall have sufficient resources and expertise to assess the exercise of the powers of the Authority under this Regulation.
Amendment 1045 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall, after being authorized by the Commission, consult the European Data Protection Supervisor established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations.
Amendment 1066 #
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
3. On the occasion of every second evaluation, there shall be an assessment of the results achieved by the Authority having regard to its objectives, mandate and tasks, including an assessment of whether the continuation of the Authority is still justified with regard to these objectives, mandate and tasks. Such an assessment shall consider that the work carried out by the Authority will always involve national home affairs and judicial authorities, as well several already existing EU agencies, and that therefore its performance will depend on the effectiveness of the EU AML/CFT system as a whole;