30 Amendments of Markus FERBER related to 2021/0240(COD)
Amendment 213 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order not to overburden the new authority, AMLA's powers should be strictly confined to the most relevant entities in the financial sector and only be gradually expanded. Any expansion of AMLA's powers should be done following an impact assessment taking into account the current state of harmonisation. Any changes to the AMLA's powers should be introduced via the regular legislative procedure.
Amendment 216 #
Proposal for a regulation
Recital 7
Recital 7
(7) A seat agreement should be established between the Authority and the host Member State, stipulating the conditions of establishment of the seat and advantages conferred by the Member State on the Authority and its staff. The host city of the Authority shall provide good accessibility, proximity to financial centres, adequate education facilities, a strong labour market and adequate cultural facilities in order to allow the Authority to recruit highly qualified staff;
Amendment 224 #
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the important role of thematic reviews in AML/CFT supervision across the Union as they enable to identify and compare the level of exposure to risks and trends in relation to obliged entities under supervision, and that currently supervisors in different Member States do not benefit from these reviews, it is necessary that the Authority identifies national thematic reviews that have a similar scope and time-frame and ensures their coordination at the level of the Union. To avoid situations of possibly conflicting communications with supervised entities, the coordination role of the Authority should be strictly limited to interaction with relevant supervisory authorities, and should not include any direct interaction with non- selected obliged entities. For the same reason, the Authority should explore the possibility of aligning or synchronising the timeframe of the national thematic reviews and facilitate any activities that the relevant supervisory authorities may wish to carry out jointly or similarly.
Amendment 227 #
Proposal for a regulation
Recital 14
Recital 14
(14) The efficient usage of data leads to better monitoring and compliance of firms. Therefore, both direct and indirect supervision by the Authority and supervisory authorities of all obliged entities across the system should rely on expedient access to relevant data and information about the obliged entities themselves and the supervisory actions and measures taken towards them. To that end and taking into account the confidentiality of the information, the Authority should establish a central AML/CFT database with information collected from all supervisory authorities, and should make such information selectively available to any supervisory authority within the system. This data should also cover withdrawal of authorisation procedures, fit and proper assessments of shareholders and members of individual obliged entities as this will enable relevant authorities to duly consider possible shortcomings of specific entities and individuals that might have materialised in other Member States. The database should also include statistical information about supervisory and other public authorities involved in AML/CFT supervision. Such information would enable effective oversight by the Authority of the proper functioning and effectiveness of the AML/CFT supervisory system. The information from the database would enable the Authority to react in a timely manner to potential weaknesses and cases of non-compliance by non-selected obliged entities. Pursuant to Article 24 of Council Regulation (EU) 2017/193934 , the Authority will without undue delay report to the EPPO any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation. Pursuant to Article 8 of Regulation 883/201335 , the Authority will transmit to OLAF without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. _________________ 34 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 35 Regulation (EU, EURATOM) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1073/1999 (OJ L 248, 18.9.2013, p. 1).
Amendment 241 #
Proposal for a regulation
Recital 16
Recital 16
(16) ML/FT supervision should be risk- based. The first category of credit and financial institutions, or groups of such institutions should be assessed every three years, based on a combination of objective criteria related to their cross-border presence and activity, and criteria related to their inherent ML/FT risk profile. Only large complex financial groups present in a number of Member States that could be more efficiently supervised at Union level should be included in the selection process. With respect to credit institutions, minimal cross-border presence for inclusion in the selection process should be based on the number of subsidiaries and branches in different Member States, because risky banking activities of significant volume require a local presence in a form of an establishment. Other financial sector entities may, in contrast, carry out activities that can be sufficiently risky from an ML/TF perspective by means of direct provision of services, for example via a network of agents, but may not have established subsidiaries or branches in a large number of Member States. Therefore, applying the same cross-border criteria, that is to say the one related to freedom of establishment, would result in scoping out large financial sector entities that can have a significant risk profile in a number of Member States, without being established there. Since the volume of activities via direct provision of services is generally smaller than the volume of activities carried out in a branch or a subsidiary, it is appropriate to consider only groups that are established in at least two Member States, but provide services directly or via a network of agents in at least eight more Member States.
Amendment 292 #
Proposal for a regulation
Recital 46
Recital 46
(46) The Executive Director of the Authority should be appointed by the Executive Board based on a shortlist from the Commission and a confirmation vote by the European Parliament. The Executive Director of the Authority should be a senior administrative official of the Authority, in charge of the day-to-day management of the Authority, and responsible for budget administration, procurement, and recruitment and staffing.
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The choice of the location of the seat of the Authority shall 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 enable close cooperation with EU institutions and agencies with relevant experience in the field of risk assessment and supervision; (f) it shall ensure sustainability and digital connectivity with regard to infrastructure and working conditions.
Amendment 448 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. When developing the supervisory methodology the Authority shall make a distinction between obliged entities based on the sectors in which they operate and the specific money-laundering risks they face. The supervisory methodology shall be risk-based and contain at least the following elements:
Amendment 453 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) approaches to a risk-based supervisory review of obliged entities’ internal policies and procedures of obliged entities, including customer due diligence policies;
Amendment 459 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) exchanges of supervisory best practices between supervisory authorities, when one authority has developed expertise in a specific area of AML/CFT supervisory practices.
Amendment 492 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Any supervisory authority or any non-AML authority may address to the Authority a reasoned request for information collected pursuant to paragraph 2 that is relevant for its supervisory activities. The Authority shall assess those requests and provide the information requested by the supervisory authorities or non-AML authorities on a need-to-know basis and confidential basis and in a timely manner. The Authority shall inform the authority that has initially provided the requested information, of the identity of the requesting supervisory or other authority, the identity of an obliged entity concerned, the reason for the information request as well as whether the information has been provided to the requesting authority. The retention of personal data should be limited to a five- year time period, unless the Authority determines on a case-by-case-basis that a longer time period is justified.
Amendment 525 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) credit institutions that are established in at least sevennine Member States, including the Member State of establishment and the Member States where they are operating via subsidiaries or branches;
Amendment 669 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. For the purposes of Article 6(1) the Authority shall have, in particular, the following powers:
Amendment 691 #
Proposal for a regulation
Article 21 – paragraph 3 – point e
Article 21 – paragraph 3 – point e
(e) for material breaches of the decisions of the Authority referred to in Article 6(1), the sanction shall amount to at least EUR 1050 000 and shall not exceed EUR 1 000 000.
Amendment 709 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. TAfter all avenues of legal recourse have been exhausted, the Authority shall disclose to the public every administrative pecuniary sanction and periodic penalty payment that has been imposed on a selected obliged entity pursuant to Articles 21 and 22, unless such disclosure to the public would cause disproportionate damage to the parties involved.
Amendment 785 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. The Commission shall have one month from the date of receipt of the request from the Authority to adopt a decision whether to authorise the transfer of the relevant tasks and powers or to oppose it. The decision shall be notified to the Authority, which shall immediately inform the financial supervisor and the non-selected obliged entity thereof. A decision to oppose the request by the Authority shall be duly justified by the Commission. A decision to authorise the transfer of the relevant tasks and powers from the financial supervisor to the Authority shall be duly justified and shall be made public.
Amendment 815 #
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. On a case by case basis, when SRBs indicate an interest to participate in a peer review exercise, rRepresentatives of such bodieSRBs entrusted with supervisory functions mayshall be invited to participate in that peer review.
Amendment 818 #
Proposal for a regulation
Article 32 – title
Article 32 – title
32 PCoordinative powers over supervisory authorities in the non-financial sector
Amendment 911 #
Proposal for a regulation
Article 46 – paragraph 3 – point c a (new)
Article 46 – paragraph 3 – point c a (new)
(ca) one representative of Europol, without a right to vote;
Amendment 933 #
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of one year18 months 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 936 #
Proposal for a regulation
Article 52 – paragraph 7 – point b
Article 52 – paragraph 7 – point b
Amendment 954 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure which shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of two qualified candidates for the position of the Chair of the Authority. The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair of the Authority.
Amendment 966 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Executive Director shall be selected on the grounds of merit and documented high-level administrative, budgetary and management skills, following an open selection procedure which shall be published in the Official Journal of the European Union, and, as appropriate, other press or internet sites. The Commission shall draw up a shortlist of two qualified candidates for the position of the Executive Director and make it available to the European Parliament. The Executive Board shall appoint the Executive Director after confirmation by the European Parliament.
Amendment 971 #
Proposal for a regulation
Article 58 – paragraph 5 – subparagraph 1
Article 58 – paragraph 5 – subparagraph 1
The Executive Director may be removed from office by the Executive Board on proposal by the CommissionGeneral Board.
Amendment 983 #
Proposal for a regulation
Article 64 – paragraph 3 – point b
Article 64 – paragraph 3 – point b
(b) the fees paid by the selected and non-selected obliged entities in accordance with Article 65, for tasks mentioned in Article 5(1), points (b) and (c).
Amendment 1003 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The Chair of the Authority shall participate in a hearing on the execution of its tasks by the competent committees of the European Parliament at least annually. At the request of the European Parliament, the Chair of the Authority shall participate in ad-hoc hearings on the execution of its tasksrganised by the competent committees of the European Parliament.
Amendment 1005 #
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Authority shall reply orally or in writing to questions put to it by the European Parliament within four weeks.
Amendment 1052 #
Proposal for a regulation
Article 86 – paragraph 6
Article 86 – paragraph 6
6. A delegated act adopted pursuant to Article 25 and Article 65 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of onthree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by ononce by three months at the initiative of the European Parliament or of the Council.
Amendment 1060 #
Proposal for a regulation
Article 88 – paragraph 1 – point k a (new)
Article 88 – paragraph 1 – point k a (new)
(ka) the appropriateness of the procedures and thresholds to identify obliged entities for the purposes of selection for direct supervision;
Amendment 1062 #
Proposal for a regulation
Article 88 – paragraph 2 – point b
Article 88 – paragraph 2 – point b
(b) it is appropriate to confer additional supervisory tasks regarding non-financial sector obliged entities, specifying, as appropriate, the types of entities that should be subject to additional supervisory tasks;