Activities of Mikuláš PEKSA 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 (80)
Amendment 43 #
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 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 synchronisinge the timeframe of the national thematic reviews, request additional thematic reviews if it identifies a gap in the areas covered and facilitate any activities that the relevant supervisory authorities may wish to carry out jointly or similarly.
Amendment 44 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Authority should have the opportunity to request a transfer ofbe able to take over supervisory tasks and powers relating to a specific obliged entity on its own initiative in case of inaction or failure to follow its instructions within the provided deadline. Since the transfer of tasks and powers over an obliged entity without the specific request of the financial supervisor to the Authority would require a discretionary decision on the part of the Authority, the Authority should address a specific request to that end to the Commission. In order for the Commission to be able to take a decision coherent with the framework of the tasks allocated to the Authority within the AML/CFT framework, the request of the Authority should encloseThe Authority should notify the Commission, providing an appropriate justification, and should indicate aindicating the precise duration of the reallocation of tasks and powers towards the Authority. The timeframe for the reallocation of powers should correspond to the time the Authority requires to deal with the risks at entity level, and should not exceed three years. The Commission should adopt a decision transferring powers and tasks for supervising the entity to the Authority swiftly, and in any case within a month.
Amendment 46 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to analyse suspicious activity affecting multiple jurisdictions, the relevant FIUs that received linked reports should be able to efficiently conduct joint analyses of cases of common interest. To this end, the Authority should be able to propoorganise, coordinate and support with all appropriate means the joint analyses of cross-border suspicious transactions or activities. The joint analyses should be triggered where there is a need to conduct just such joint analyses pursuant to the relevant provisions in Union law. Upon the explicit consent of the FIUs participating in the joint analyses, tThe staff of the Authority supporcoordinating the conduct of joint analyses should be able to receive and process all necessary data and information, including the data and information pertaining to the analysed cases.
Amendment 48 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to facilitate and improve cooperation between FIUs and the Authority, including for the purposes conducting joint analyses, the FIUs should be able to delegate one staff member per FIU to the Authority on a voluntary basis. The national FIU delegates should support the Authority’s staff in carrying out all the tasks relating to FIUs, including the conduct of joint analyses and the preparation of threat assessments and strategic analyses of money laundering and terrorist financing threats, risks and methods. Apart from the joint analyses, the Authority should encourage and facilitate various forms of mutual assistance between FIUs, including training and staff exchanges in order to improve capacity building and enable the exchange of knowledge and good practices amongst FIUs.
Amendment 49 #
Proposal for a regulation
Recital 35
Recital 35
(35) The Authority should manage, host, and maintain FIU.net, the dedicated IT system allowing FIUs to cooperate and exchange information amongst each other and, where appropriate, with their counterparts from third countries and third parties. The Authority should, in cooperation with Member States, keep the system up-to-date. To this end, the Authority should ensure that at all times the most advanced available state-of-the- art technology is used for the development of the FIU.net, subject to a cost-benefit analysis. The Authority should ensure that the FIU.net remains a decentralised computer network.
Amendment 50 #
Proposal for a regulation
Recital 41
Recital 41
(41) The Chair of the Authority should chair the General Board meetings and have a right to vote when decisions are taken by simple majority. The Commission should be a non-voting member on the General Board. To establish good cooperation with other relevant institutions, the General Board should also be able to admit other non-voting observers, such as a representative of the Single Supervisory Mechanism and of each of the three European Supervisory Authorities (EBA, EIOPA and ESMA) and of the European Union Agency for Fundamental Rights (FRA) for the General Board in its Supervisory Composition and Europol, the EPPO and Eurojust for the General Board in its FIU composition, where matters that fall under their respective mandates are discussed or decided upon. To allow a smooth decision making process, decisions of the General Board should be taken by a simple majority, except for decisions concerning draft regulatory and implementing technical standards, guidelines and recommendations which should be taken by a qualified majority of Member State representatives in accordance with voting rules of the TFEU.
Amendment 52 #
Proposal for a regulation
Recital 42
Recital 42
(42) The governing body of the Authority should be the Executive Board composed of the Chair of the Authority and of five full time members, appointed by the General Board based on the shortlist by the Commission, after having received the binding approval of the European Parliament. With the aim of ensuring a speedy and efficient decision making process, the Executive Board should be in charge of planning and execution of all the tasks of the Authority except where specific decisions are explicitly allocated to the General Board. In order to ensure objectivity and appropriate rapidity of the decision-making process in the area of direct supervision of the selected obliged entities, the Executive Board should take all binding decisions addressed to selected obliged entities. In addition, together with a representative of the Commission the Executive Board should be collectively responsible for the administrative and budgetary decisions of the Authority. The consent of the Commission should be required when the Executive Board is taking decisions related to the budget administration, procurement, recruitment, and audit of the Authority, given that a portion of funding of the Authority will be provided from Union budget.
Amendment 53 #
Proposal for a regulation
Recital 43
Recital 43
(43) To allow for swift decisions, all decisions of the Executive Board, including the decision where the Commission has a right to vote, should be taken by simple majority, with the Chair holding a casting vote in case of a tied vote. To ensure sound financial management of the Authority, the Commission’s consent should be required for decisions related to budget, administration and recruitment. The voting members of the Executive Board other than the Chair should be selected by the General Board, based on a short-list established by the Commission, after having received the binding approval of the European Parliament.
Amendment 55 #
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 two years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced; during the cooling- off period the persons concerned should be prohibited from acquiring any role in an obliged entity that may give rise to conflicts of interest or to situations which may objectively be perceived as a conflict of interest.
Amendment 56 #
Proposal for a regulation
Recital 45
Recital 45
(45) The Chair of the Authority should be appointed based on objective criteria by the Council after the binding approval by the European Parliament. He or she should represent the Authority externally and should report on the execution of Authority’s tasks.
Amendment 57 #
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, after the binding approval of 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 60 #
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 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 of Regulation (EU) 2018/1725 of the European Parliament and of the Council41 and Article 6 of Regulation 2016/679of the European Parliament and of the Council42 . 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,onsult with the European Data Protection Board established by Regulation (EU) 2016/679 and with the European Data Protection Supervisor established by Regulation (EU) 2018/1725 to avoid duplication. _________________ 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 63 #
Proposal for a regulation
Recital 59
Recital 59
(59) The Authority should establish cooperative relations with the relevant Union agencies and bodies, including Europol, Eurojust, the EPPO, the EDPS, the FRA and the European Supervisory Authorities, namely the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority. To improve cross-sectoral supervision and a better cooperation between prudential and AML/CFT supervisors the Authority should also establish cooperative relations with the authorities competent for prudential supervision of financial sector obliged entities, including the European Central Bank with regard to matters relating to the tasks conferred on it by Council Regulation (EU) No 1024/201343 , as well as with resolution authorities as defined in Article 3 of Directive (EU) 2014/59/EU of the European Parliament and the Council44 and designated Deposit Guarantee Schemes authorities as defined in Article 2 (1), point 18 of Directive 2014/49/EU of the European Parliament and the Council45 . To this end, the Authority should be able to conclude agreements or memoranda of understanding with such bodies, including with regard to any information exchange which is necessary for the fulfilment of the respective tasks of the Authority and these bodies. The Authority should make its best efforts to share information with such bodies on their request, within the limits posed by legal constraints, including data protection legislation. In addition, the Authority should enable effective information exchange between all financial supervisors in the AML/CFT supervisory system and the aforementioned authorities, such cooperation and information exchanges should take place in a structured and efficient way. _________________ 43 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63). 44 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). 45 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
Amendment 64 #
Proposal for a regulation
Recital 60
Recital 60
(60) Public-private partnerships (‘PPPs’) have become increasingly important cooperation and information exchange fora between FIUs, various national supervisory and law enforcement authorities and obliged entities in some Member States. Where the Authority would act as direct supervisor of selected obliged entities which are part of a PPP in any Member State, it could be beneficial for the Authority toshould also participate therein, on conditions determined by the relevant national public authority or authorities that set up such PPP, and with their explicit agreement.
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 3 – point f a (new)
Article 1 – paragraph 3 – point f a (new)
(f a) providing training and assistance to selected obliged entities, financial and non-financial supervisors, and FIUs.
Amendment 71 #
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 under the Union restrictive measurll financial sanctions, including asset freezes, imposed under international, Union and national law against individuals, entities and bodies, across the internal market;
Amendment 74 #
Proposal for a regulation
Article 5 – paragraph 3 – point g a (new)
Article 5 – paragraph 3 – point g a (new)
(g a) provide training and assistance to financial supervisors.
Amendment 75 #
Proposal for a regulation
Article 5 – paragraph 4 – point f a (new)
Article 5 – paragraph 4 – point f a (new)
(f a) provide training and assistance to non-financial supervisors.
Amendment 76 #
Proposal for a regulation
Article 5 – paragraph 5 – point i a (new)
Article 5 – paragraph 5 – point i a (new)
(i a) provide training and assistance to FIUs.
Amendment 77 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By the end of each year, the Chair of the Authority shall present to the General Board in supervisory composition as referred to in Article 46(2) a consolidated planning of the thematic reviews that supervisory authorities intend to undertake during the following year. The General Board in supervisory composition may request that supervisory authorities include additional thematic reviews in their next working programme
Amendment 78 #
2. The Authority shall organise, facilitate and encourage at least the following activities:
Amendment 79 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Each supervisory authority may submit a request for mutual assistance related to its supervisory tasks to the Authority, specifying the type of assistance that can be provided by the staff of the Authority, the staff of one or more supervisory authorities, or a combination thereof. If the request concerns activities that relate to the supervision of specific obliged entities, the requesting supervisory authority shall ensure that access to any information and data necessary for the provision of assistance may be granted. The Authority shall keep and regularly update the information on specific areas of expertise and on the capacities of supervisory authorities to provide mutual assistance. The Authority may identify potential areas of interest and invite supervisory authorities to request mutual assistance.
Amendment 80 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. The Authority shall consult the European Data Protection Supervisor to establish storage limitation periods for each type of data processed.
Amendment 83 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customers, the presence and share of customers identified as Politically Exposed persons (‘PEPs’); and the share of final beneficiaries of Union funds;
Amendment 84 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The JST coordinator shall ensure the coordination of the work within the joint supervisory team. Joint supervisory team members shall follow the JST coordinator’s instructions as regards their tasks in the joint supervisory team. This shall not affect their tasks and duties within their respective financial supervisors. The JST coordinator shall be delegated from the Authority to the financial supervisor in the Member State where a selected obliged entity has its headquarters, upon agreement of the relevant financial supervisors. The duration of the delegation shall be limited to the time period during which the Authority carries out supervisory tasks with respect to the selected obliged entity.
Amendment 85 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. 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 86 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Authority shall refer matters for criminal prosecution to the relevant national authorities or, when relevant, to the EPPO, where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. In addition, the Authority shall refrain from imposing administrative pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.
Amendment 87 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Authority shall produce a report setting out the results of each assessment. That report shall be prepared by the staff of the Authority, or by the staff of the Authority jointly with the staff of the financial supervisors where the staff of financial supervisors were involved in the review on an ad-hoc basis. The report shall be adopted by the Executive Board, taking into account the observations of the General Board in supervisory composition. The report shall explain and indicate any specific follow-up measures required to be taken by the financial supervisor or financial supervisors subject to the assessment that are deemed appropriate, proportionate and necessary as a result of the assessment. The follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 43 including recommendations addressed to all or several financial supervisors or to any specific financial supervisor, as appropriate. Those guidelines and recommendations shall be published on the website on the Authority at the same time as they are sent to the financial supervisors.
Amendment 88 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) assist in the organisation oforganise college meetings, where requested by the relevant financial supervisors;
Amendment 89 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) assist in the organisation oforganise joint supervisory plans and joint examinations;
Amendment 90 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. For the purposes of paragraph 1, the staff of the Authority shall have full participation rights in the AML supervisory colleges and shall be able to organise and participate in their activities, including on- site inspections, carried out jointly by two or more financial supervisors.
Amendment 91 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 92 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Where the financial supervisor concerned does not comply with the request referred to in paragraph 2 andor does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority may request the Commission to grant permission to transftake over the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non-selected obliged entity from the financial supervisor concerned to the Authority.
Amendment 93 #
Proposal for a regulation
Article 30 – paragraph 5 – introductory part
Article 30 – paragraph 5 – introductory part
5. The requestnotification from the Authority to the Commission shall contain:
Amendment 94 #
Proposal for a regulation
Article 30 – paragraph 5 – point c
Article 30 – paragraph 5 – point c
(c) a time limit, which shall not exceed three years, for the requested transftake over of the relevant tasks and powers;
Amendment 95 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
Amendment 96 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. On the tenth working daye month after the notification of the decision by the Authority authorising the transfake over of tasks and powers in relation to the non-selected obliged entity, the non- selected obliged entity referred to in paragraph 2 shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. The Commission decisionAuthority shall set a time-limit for the exercise of these tasks and powers, upon the expiry of which they shall be automatically transferred back to the financial supervisor concerned.
Amendment 97 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Authority shall publish the findings of the peer review, as well as the guidelines and recommendations, on its website and submit an opinion to the Commission where, having regard to the outcome of the peer review or to any other information acquired by the Authority in carrying out its tasks, it considers that further harmonisation of Union rules applicable to obliged entities in the non- financial sector or to non-financial supervisors would be necessary from the Union’s perspective.
Amendment 98 #
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. Where the supervisory authority in the non-financial sector has not complied with Union law within one month from receipt of the Authority’s recommendation, the Commission may, after having been informed by the Authority, or may on its own initiative, issue a formal opinion requiring the supervisory authority in the non- financial sector to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation.
Amendment 99 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
The CommissionAuthority shall issue such a formal opinion within three months after the adoption of the recommendation. The CommissionAuthority may extend this period by one month.
Amendment 100 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 2
Article 32 – paragraph 4 – subparagraph 2
Amendment 101 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The supervisory authority in the non-financial sector shall, within ten working days of receipt of the formal opinion referred to in paragraph 5, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion.
Amendment 102 #
Proposal for a regulation
Article 32 – paragraph 6 – subparagraph 1
Article 32 – paragraph 6 – subparagraph 1
Amendment 104 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423], a FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof. The Authority shall inform the FIUs in all the relevant Member States and invite them to take part in the joint analysis within five days of the initial notification. The Authority may also take the initiative to organise a joint analysis between two or more FIUs if it identifies a potential benefit. To this end, the Authority shall use secured channels of communication. The FIUs in all the relevant Member States shall consider taking part in the joint analysis. The Authority shall ensure that the joint analysis is launched within 20 days of the initial notification.
Amendment 105 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Upon explicit consent of the FIUs participating in the joint analysis, tThe staff of the Authority supportorganising the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those data.
Amendment 106 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. On the basis of the feedback referred to in paragraph 2, or on its own initiative, the Authority mayshall issue follow- up reports relating to the conduct of joint analyses, including specific suggestions on adjustments regarding the methods and procedures for the conduct of the joint analyses, and conclusions on the outcome of the joint analyses. The procedural and operational aspects of the follow-up report shall be shared with all FIUs, without disclosing confidential or restricted information on the case. The conclusions and recommendations relating to the conduct of the joint analyses shall be shared with the FIUs that participated in the relevant joint analyses, and with all the other FIUs insofar as these conclusions do not contain confidential or restricted information.
Amendment 107 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The FIU of each Member State mayshall delegate one staff member to the Authority. The national FIU delegate shall have his or her regular place of work at the seat of the Authority.
Amendment 109 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) personnel exchanges and secondment schemes, including secondment of FIU staff from a Member State to the Authority or from the Authority to the FIUs;
Amendment 110 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Any FIU may submit to the Authority a request for assistance related to the tasks of the FIU, specifying the type of assistance that can be provided by the staff of the Authority, the staff of one or more than one FIU, or a combination thereof. The FIU requesting assistance shall ensure the access to any information and data necessary for the provision of such assistance. The Authority shall keep and regularly update information on specific areas of expertise and capacity of FIUs to provide mutual assistance. The Authority may also suggest assistance to FIUs.
Amendment 111 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Authority shall ensure uninterrupted functioning of the FIU.net and keep it and up to date. Where necessary to support or strengthen the exchange of information and cooperation between the FIUs and based on the needs of FIUs, the Authority shall design and implement, or otherwise make available, upgraded or additional functionalities of FIU.net. The Authority shall ensure that FIU.net remains a decentralised computer network.
Amendment 112 #
Proposal for a regulation
Article 37 – paragraph 3 – point b
Article 37 – paragraph 3 – point b
(b) organise, coordinate, manage and support any testing activities;
Amendment 113 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. For the purposes of carrying out the tasks referred to in paragraphs 1, 2 and 3, the Authority shall be empowered to conclude or enter into legally binding contracts or agreements with third party service providershave dedicated staff to ensure the functioning and security of FIU.net .
Amendment 114 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Before submitting them to the Commission, the Authority shall conduct open public consultations on draft regulatory technical standards and shall analyse the potential related costs and benefits, unless those consultations and analyses are highly disproportionate in relation to the scope and impact of the draft regulatory technical standards concerned or in relation to the particular urgency of the matter.
Amendment 115 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
Article 38 – paragraph 3 – subparagraph 1
The Commission shall conduct open public consultations on draft regulatory technical standards and analyse the potential related costs and benefits, unless such consultations and analyses are disproportionate in relation to the scope and impact of the draft regulatory technical standards concerned or in relation to the particular urgency of the matter.
Amendment 116 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where appropriate, the European Parliament or the Council may invite the responsible Commissioner, together with the Chairperson of the Authority, within onthree months of the notice referred to in paragraph 1, for an ad hoc meeting of the competent committee of the European Parliament or the Council to present and explain their differences.
Amendment 117 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
Before submitting draft implementing technical standards to the Commission, the Authority shall conduct open public consultations and shall analyse the potential related costs and benefits, unless such consultations and analyses are highly disproportionate in relation to the scope and impact of the draft implementing technical standards concerned or in relation to the particular urgency of the matter.
Amendment 119 #
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
The Authority shall publish the fact that a supervisory authority does not comply or does not intend to comply with that guideline or recommendation. The Authority may also decide, on a case-by- case basis, to publish and the reasons provided by the supervisory authority for not complying with that guideline or recommendation. The supervisory authority shall receive advanced notice of such publication.
Amendment 120 #
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 3
Article 43 – paragraph 3 – subparagraph 3
Amendment 121 #
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 3 a (new)
Article 43 – paragraph 3 – subparagraph 3 a (new)
In the report on the execution of its tasks, referred to in Article 72(2), the Authority shall inform the European Parliament, the Council and the Commission of the guidelines and recommendations that it has issued, stating which national authority has not complied with them and outlining how the Authority intends to ensure that its recommendations and guidelines are followed in the future.
Amendment 122 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The Authority mayshall, upon a request from the European Parliament, from the Council or from the Commission provide technical advice to the European Parliament, the Council and the Commission in the areas set out in the legislative acts referred to in Article 1(2).
Amendment 123 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The General Board may decide to admit observers. In particular, the General Board in FIU composition shall admit as an observer a representative of OLAF, Europol, Eurojust and the EPPO to meetings when matters fall under their respective mandates. The General Board in supervisory composition shall admit a representative nominated by the Supervisory Board of the European Central Bank and a representative of each of the European Supervisory Authorities, where matters within the scope of their respective mandates are discussed. A representative of FRA may also be invited as an observer to meetings of the General Board.
Amendment 129 #
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of onetwo 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 130 #
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 twohree qualified candidates for the position of the Chair of the Authority. The Council, afterBefore the binding approval, candidates shall subject themselves to hearings by the competent committee(s) of the European Parliament after which hearings the European Parliament shall select one of the three candidates for the position of Chair. Following the binding approval by the European Parliament, the Council shall adopt an implementing decision to appoint as the Chair of the Authority the candidate selected by the European Parliament.
Amendment 132 #
2. If the Chair of the Authority no longer fulfils the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the Council may, following a proposal by the General Board in either composition and after having received the binding approval of the European Parliament, adopt an implementing decision to remove the Chair of the Authority from office. The Council shall act by qualified majority.
Amendment 135 #
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 Commission or the European Parliament.
Amendment 137 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 138 #
Proposal for a regulation
Article 68 – paragraph 8 a (new)
Article 68 – paragraph 8 a (new)
8 a. By 1 October each year the Executive Director shall submit to the European Parliament detailed follow-up addressing the main recommendations made in the discharge decision taken earlier that year.
Amendment 139 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. TBy the end of 2024, the Authority shall have acceded to the Interinstitutional Agreement concerning internal investigations by OLAF and shall have immediately adopted appropriate provisions for all staff of the Authority.
Amendment 140 #
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3 a. The Authority shall request annual reports on ICT related incidents from the FIUs.
Amendment 141 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. The Authority shall submit on an annual basis to the European Parliament, to the Council, and to the Commission a report on the execution of the tasks conferred on it by this Regulation, including information on the planned evolution of the structure and amount of the supervisory fees referred to in Article 66, as well on guidelines and recommendations it has issued following the procedure set out in Article 43. The Chair of the Authority shall present that report in public to the European Parliament.
Amendment 142 #
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 as soon as possible and in any case at the latest within five weeks of their notification to the Authority.
Amendment 143 #
Proposal for a regulation
Article 77 – title
Article 77 – title
Cooperation with European Supervisory Authorities and the European Data Protection BoardSupervisor
Amendment 144 #
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall closely cooperate withonsult the European Data Protection BoardSupervisor established by Regulation (EU) 2016/6798/1725 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection.
Amendment 145 #
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
Where relevant for the fulfilment of the tasks referred to in Sections 3 and 6 of Chapter II, the Authority mayshall participate in existing cooperation arrangements established in one or across several Member States by supervisory authorities or FIUs, where such arrangements involve, inter alia, cooperation and information exchange between the aforementioned authorities and selected obliged entities. Participation of the Authority shall be subject to consent of the relevant national authority that has established such arrangement.
Amendment 146 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The Authority shall establish and maintain a close relationship with OLAF, Europol, Eurojust, and the EPPO. To that end, by the end of 2024, the Authority shall have concluded separate working arrangements with OLAF, Europol, Eurojust, and the EPPO setting out the details of their cooperation. The relationship shall aim in particular to ensure the exchange of strategic information and trends in relation to money laundering and terrorist financing threats facing the Union.
Amendment 147 #
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 148 #
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 one month at the initiative of the European Parliament or of the Council.
Amendment 149 #
Proposal for a regulation
Article 88 – paragraph 1 – point c
Article 88 – paragraph 1 – point c
(c) the impact of the activities related to support and coordination of FIUs, and in particular the organisation and coordination of the joint analyses of cross- border activities and transactions conducted by FIUs;
Amendment 150 #
Proposal for a regulation
Article 88 – paragraph 1 – point j a (new)
Article 88 – paragraph 1 – point j a (new)
(j a) the effectiveness of the Authority’s anti-fraud measures;
Amendment 152 #
Proposal for a regulation
Article 88 – paragraph 3 a (new)
Article 88 – paragraph 3 a (new)
3 a. The evaluation and review of this Regulation shall be coordinated with the evaluation and review of the other files in the comprehensive package aiming at strengthening the Union’s AML/CFT framework, including Directive [please insert reference – proposal for 6th Anti- Money Laundering Directive], Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847] and Regulation [please insert reference – proposal for the Anti-Money Laundering Regulation].