Activities of Clare DALY related to 2021/0240(COD)
Shadow reports (1)
REPORT 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 (84)
Amendment 301 #
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(1)(a) of Regulation (EU) 2018/1725 of the European Parliament and of the Council41 and Article 6(1)(e) of Regulation 2016/679of the European Parliament and of the Council42 , or when it necessary for compliance with a legal obligation to which the controller is subject pursuant to Article 5(1)(b) of Regulation (EU) 2018/1725 or Article 6(1)(c) of Regulation (EU) 2016/679. When developing any instruments or taking any decisions that may have a significantn impact on the protection of personal data, the Authority should closely cooperate, where relevant, 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 duplicationonsult the European Data Protection Supervisor. _________________ 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 303 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Regulation 2016/679 applies to the processing of personal data for the purposes of this Regulation. Regulation 2018/1725 applies to the processing of personal data by the Union institutions and bodies for the purposes of this Regulation.
Amendment 314 #
2. The Authority shall act within the powers conferred by this Regulation, in particular those set out in Article 6, and within the scope of Regulation (EU) 2015/847 of the European Parliament and of the Council49 , the Directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU)2015/849 [OP: please insert the next number of COM(2021)423] and the Regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing [OP: please insert the next number of COM(2021)422], including all directives, regulations and decisions based on those acts, of any further legally binding Union act which confers tasks on the Authority and of national legislation implementing the Anti-Money Laundering Directive [OP: please insert the next number of COM(2021)423] or other Directives conferring tasks on supervisory authorities. _________________ 49 Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1).
Amendment 315 #
Proposal for a regulation
Article 1 – paragraph 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. The objective of the Authority shall be to implement the correct application of Union legislation on AML/CFT in order protect the public interest, the stability of the Union’s financial system and the good functioning of the internal market by:
Amendment 343 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In each Member State, the Authority shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings.
Amendment 370 #
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 measures across the internal market and publish data on asset freezes and confiscations;
Amendment 419 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 421 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) to require the submission of any information or documents, including written or oral explanations, necessary for the performance of its functions, including statistical information and information concerning internal processes or arrangements of national authorities;
Amendment 441 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Authority and supervisory authorities shall be subject to a duty of cooperation in good faith, and to an obligation to exchangshall cooperate with national supervisory authorities and exchange information necessary for the purposes of preventing money laundering and the finformationancing of terrorism.
Amendment 443 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Authority shall develop and maintain an up-to-date and harmonised AML supervisory methodology detailing the risk-based approach to supervision of obliged entities in the Union. The methodology shall comprise guidelines, recommendations and other measures and instruments as appropriate, including in particular draft regulatory and implementing technical standards, on the basis of the empowerments laid down in the acts referred to in Article 1(2).
Amendment 456 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The methodology shall reflect high supervisory standards at Union level and shall build on relevant international standards and guidance as well as on consultation with a range of national law enforcement authorities, FIUs and independent civil society organisations. The Authority shall periodically review and update its supervisory methodology, taking into account the evolution of risks affecting the internal market and feedback from national supervisors.
Amendment 485 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 499 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. By way of derogation from paragraph 4, where the information sought constitutes personal data, Article 9 of Regulation 2018/1725 shall apply.
Amendment 500 #
Proposal for a regulation
Article 11 – paragraph 4 b (new)
Article 11 – paragraph 4 b (new)
4b. Where the information collected under paragraph 2 includes personal data, it shall not be kept longer than necessary for the purpose for which it was collected. Where the personal data relates to a PEP, it shall be deleted by one year after that person stops qualifying as a PEP.
Amendment 524 #
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 sefiven Member States, including the Member State of establishment and the Member States where they are operating via subsidiaries or branches;
Amendment 533 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) other financial institutions that operate in at least teneight Member States, including the Member State of establishment, another Member State where they are operating via a subsidiary or a branch, and all other Member States where they are operating by means of direct provision of services or via a network of representative agents.
Amendment 565 #
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’);presence and share of customers identified as Politically Exposed persons (‘PEPs’) and the presence and share of customers located in the jurisdictions listed in the EU list of non-cooperative jurisdictions for tax purposes.
Amendment 576 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point i
Article 12 – paragraph 4 – point c – point i
(i) the annual volume of correspondent banking services provided by Union financial sector entities in third countriesglobally;
Amendment 577 #
Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii
Article 12 – paragraph 4 – point c – point ii
(ii) the number and share of correspondent banking clients from Union and third countries with structural weaknesses in their AML systems identified by global standard setting bodies; the independent advisory board referred to in Article 23 of [please insert reference – proposal for a Regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing – COM(2021)420 final] and the supra- national risk assessment provided for in Article 7 of [ please insert reference – proposal for a Directive on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU)2015/849 – COM(2021)423 final];
Amendment 581 #
Proposal for a regulation
Article 12 – paragraph 4 – point c a (new)
Article 12 – paragraph 4 – point c a (new)
(ca) with respect to structural risks: (i) the accessibility of corporate tax disclosures; (ii) the levels of corporate transparency; (iii) the availability of beneficial ownership information; (iv) the adequacy of whistleblower reporting mechanisms.
Amendment 584 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. The Authority shall develop draft regulatory technical standards setting out the methodology with the benchmarks referred to in paragraph 4 for classifying the inherent risk profile of any cross-border credit or financial institution in each Member State it operates in as low, medium, substantial or high. The development of the methodology and benchmarks shall be made publicly available and shall be based on logical, replicable and objective criteria. In developing those draft regulatory technical standards, the Authority shall take into account relevant recommendations from consultations with independent civil society organisations, academia, Union institutions and bodies involved in the AML/CFT framework as well as assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.
Amendment 601 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) each credit institution assessed pursuant to Article 12 that has a high inherent risk profile in at least four Member States and that has been under unresolved or multiple supervisory or other public investigation for material breaches of the acts referred to in Article 1(2) in at least one of those Member States in the previous three years;
Amendment 615 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Authority shall commence the first selection process on 1 July 2025 and shall conclude the selection within onthree months. The selection shall be made every three years after the date of commencement of the first selection, , or when the Authority has become aware of relevant facts that might justify direct supervision, and shall be concluded within onthree months in each selection period. The list of the selected obliged entities shall be published by the Authority without undue delay upon completion of selection process. The Authority shall commence the direct supervision of the selected obliged entities five months after publication of the list.
Amendment 617 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. A selected obliged entity shall remain subject to direct supervision by the Authority until the Authority commences the direct supervision of selected obliged entities based as long a list established for the subsequent selection round which no longer includes that obliged entitys the entity is listed.
Amendment 639 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The AuthorityJSTs may require selected obliged entities and natural or legal persons belonging to them, and third parties to whom the selected obliged entities have outsourced operational functions or activities and natural or legal persons affiliated to them, to provide all information that is necessary in order to carry out the tasks conferred on it by this Regulation.
Amendment 642 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the AuthorityJST obtains information directly from the natural or legal persons referred to in paragraph 1, it shall make that information available to the financial supervisor concerned.
Amendment 645 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – introductory part
Article 17 – paragraph 1 – subparagraph 1 – introductory part
To that end, the AuthorityJSTs may:
Amendment 648 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The persons referred to in Article 16 shall be subject to investigations launched on the basis of a decision of the Authority. When a person obstructs the conduct of the investigation, the financial supervisor of the Member State where the relevant premises are located shall provide, in compliance with national law, the necessary assistance, including facilitating the access by the AuthorityJSTs to the business premises of the legal persons referred to in Article 16, so that the rights listed in paragraph 1 of this Article can be exercised.
Amendment 652 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In order to carry out the tasks conferred on it by this Regulation, the AuthorityJSTs may, subject to prior notification to the financial supervisor concerned, conduct all necessary on-site inspections at the business premises of the legal persons referred to in Article 16. Where the proper conduct and efficiency of the inspection so require, the AuthorityJSTs may carry out the on-site inspection without prior announcement to those legal persons.
Amendment 654 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The staff of the AuthorityJSTs and other persons authorised by the Authority to conduct an on-site inspection may enter any business premises and land of the legal persons subject to a decision on investigation adopted by the Authority and shall have all the powers provided in Article 20.
Amendment 658 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where the staff of and other accompanying persons authorised or appointed by the Authority find that a person opposes an on-site inspection ordered pursuant to this Article, the financial supervisor of the Member State concerned shall provide the necessary assistance in accordance with national law. To the extent necessary for the inspection, this assistance shall include the sealing of any business premises and books or records. Where that power is not available to the financial supervisor concerned, it shall use its powers to request the necessary assistance of other national authorities.
Amendment 660 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 667 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the arrangements, strategies, processes and mechanisms implemented by the selected obliged entity do not ensure, based on a determination by the Authority, a sound management and coverage of its AML/CFT risks.
Amendment 671 #
Proposal for a regulation
Article 20 – paragraph 2 – point g
Article 20 – paragraph 2 – point g
(g) to require the provision of any data or information necessary in accordance with national or Union law for the fulfilment of tasks listed in Article 5(2), to require submission of any document, or impose additional or more frequent reporting requirements;
Amendment 672 #
Proposal for a regulation
Article 20 – paragraph 2 – point h
Article 20 – paragraph 2 – point h
(h) to impose specific requirements relating to individual clients, transactions or activities that pose high risks;
Amendment 677 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The Authority shall also have the powers and obligations which supervisory authorities have under the relevant Union law, unless otherwise provided for by this Regulation. To the extent necessary to carry out the tasks conferred on it by this Regulation, the Authority may require, by way of instructions, those supervisory authorities to make use of their powers, under and in accordance with the conditions set out in national law, where this Regulation does not confer such powers on the Authority, in particular where such powers stem from Article 41(1) (a) to (f), (2) and (3) [OP please insert the next number to the AMLD, COM(2021)423]. Those supervisory authorities shall fully inform the Authority about the exercise of those powers.
Amendment 680 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where the Executive Board of the Authority finds that a selected obliged entity has, intentionally or negligently, committed a material breach of directly applicable requirements contained in [OP please insert the next number to the AMLR, COM (2021)420] or [OP please insert the next number to the TFR, COM(2021)422], it shall adopt a decision imposing administrative pecuniary sanctions, in accordance with paragraph 3. Administrative pecuniary sanctions shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, the requestmeasures referred to in Article 20(2).
Amendment 682 #
Proposal for a regulation
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
(a) for material breaches of one or more requirements related to customer due diligence, group policies and procedures and/or reporting obligations that have been identified in twoone or more Member States where a selected obliged entity operates, the sanction shall amount to at least EUR 12 000 000 and shall not exceed EUR 23 000 000 or 12% of the annual global turnover, whichever is higher;
Amendment 684 #
Proposal for a regulation
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
Amendment 686 #
Proposal for a regulation
Article 21 – paragraph 3 – point c
Article 21 – paragraph 3 – point c
(c) for material breaches of all other requirements that have been identified in twoone or more Member States where a selected obliged entity operates, the sanction shall amount to at least EUR 12 000 000 and shall not exceed EUR 23 000 000 or 2% of the annual global turnover, whichever is higher;
Amendment 688 #
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
Amendment 693 #
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 1500 000 and shall not exceed EUR 12 000 000.
Amendment 696 #
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. The maximum amount of a sanction for material breaches referred to in paragraph 23, points (a) and (b) shall not exceed 10 % of the total annual global turnover of the obliged entity in the preceding business year, after application of the coefficients referred to in paragraphs 4 and 5.
Amendment 699 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The maximum amount of a sanction for material breaches referred to in paragraph 23, points (c) and point (d) shall not exceed EUR 150 000 000 or, in the Member States whose currency is not the Euro, the corresponding value in the national currency, after application of the coefficients referred to in paragraphs 4 and 5.
Amendment 702 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Notwithstanding paragraph 2, the amount of a periodic penalty payment shall be 3 % of the average daily global turnover in the preceding business year or, in the case of natural persons, 2 % of the average daily income in the preceding calendar year. It shall be calculated from the date set in the decision imposing the periodic penalty payment.
Amendment 704 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 705 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The rights of defence of the pPersons subject to the proceedings shall be fully respected during the proceedings. They shall be entitled to have access to the Authority’s file, subject to the legitimate interest of other persons in the protection of their business secretsentitled to have access to the Authority’s file. The right of access to the file shall not extend to confidential information or internal preparatory documents of the Authority.
Amendment 707 #
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 718 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of the Authority concerning them.
Amendment 723 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, including the assessment of their tools and resources to ensure high level supervisory standards and practices. The assessments shall include a review of the application of the AML/CFT supervisory methodology developed pursuant to Article 8 and shall cover all financial supervisors in a single assessment cycle. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years. At the end of each assessment cycle, the Authority shall present its findings to the European Parliament and to the Council.
Amendment 760 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Financial supervisors shall notify the Authority where the situation of any non-selected obliged entity with regard to its compliance with applicable requirements and its exposure to money laundering and terrorism financing risks deteriorates rapidly and significantly, especially where such deterioration could lead to significant harm to the reputation of the Member State where that entity operates, several Member States or of the Union as a whole.
Amendment 762 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. The Authority may, where it has indications of material breaches by a non- selected obliged entity, request its financial supervisor to:
Amendment 766 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 772 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 783 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
Amendment 789 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
Amendment 796 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Authority shall periodically conduct peer reviews of some or all of the activities of non-financial supervisors to strengthen consistency and effectiveness in supervisory outcomes. To that end, the Authority shall develop methods to allow for an objective assessment and comparison between non-financial supervisors reviewed. When planning and conducting peer reviews, existing information and evaluations already available with regard to the non-financial supervisor concerned, including any relevant information provided to the Authority in accordance with Article 11, assessments or reports drawn up by international organisations and, intergovernmental bodies competent in the field of preventing money laundering or terrorist financing and any relevant information from stakeholders, such as independent civil society, journalists and whistleblowers, shall be taken into account.
Amendment 819 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
The supervisory authority shall, without delay, provide the Authority with all information which the Authority considers necessary for its investigation including information on how the Union acts or in that legislation referred to in Article 1(2) are applied in accordance with Union law.
Amendment 868 #
Proposal for a regulation
Article 37 – paragraph 5 a (new)
Article 37 – paragraph 5 a (new)
5a. The Authority shall be considered a joint controller in accordance with Article 28 of Regulation 2018/1725 in relation to the processing of personal data in FIU.net.
Amendment 876 #
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. Input from both anonymous and non-anonymous consultations as well as the Authority’s impact assessments shall be made available to the public.
Amendment 882 #
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. Input from both anonymous and non-anonymous consultations as well as the Authority’s impact assessments shall be made available to the public.
Amendment 884 #
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 1
Article 42 – paragraph 3 – subparagraph 1
The Commission shall conduct open public consultations on draft implementing 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 implementing technical standards concerned or in relation to the particular urgency of the matter. Input from both anonymous and non- anonymous consultations as well as the Authority’s impact assessments shall be made available to the public.
Amendment 885 #
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 2
Article 42 – paragraph 3 – subparagraph 2
The Commission shall immediately forward the draft implementing technical standard to the European Parliament and the Council for consultation.
Amendment 891 #
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 916 #
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. On specific issues related to AML/CTF, The General Board shall consult other union institutions, agencies, bodies and offices as well as other organisations or experts dealing with AML/CFT issues. The General Board in both compositions shall invite representatives of organisations dealing with AML/CTF issues where the matters discussed fall within their respective areas of expertise.
Amendment 924 #
Proposal for a regulation
Article 52 – paragraph 1 – point a
Article 52 – paragraph 1 – point a
(a) the Chair and the Vice-Chair of the Authority;
Amendment 931 #
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. If one or more of the members of the Executive Board, except for the Chair and the Vice-Chair of the Authority, no longer fulfil the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the General Board may, following a proposal by the Commission, remove any of the members of the Executive Board from office.
Amendment 932 #
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of one year after ceasing to hold office, the former members of the Executive Board, including the Chair and the Vice-Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
Amendment 941 #
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
Amendment 946 #
Proposal for a regulation
Chapter III – Section 3 – title
Chapter III – Section 3 – title
3 THE CHAIR AND VICE- CHAIR OF THE AUTHORITY
Amendment 947 #
Proposal for a regulation
Article 56 – title
Article 56 – title
Appointment of the Chair and of the Vice- Chair of the Authority
Amendment 950 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair and the Vice-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 twofour 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 Authorityand the Vice-Chair of the Authority. Before the approval, the candidate(s) shall be heard by the competent committee(s) of the European Parliament. After conducting hearings, the European Parliament shall select one of those candidates for each position. The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair of the Authority. Where the European Parliament is of the opinion that none of the shortlisted candidates sufficiently fulfils the qualifications set out in the first subparagraph, the open selection procedure will recommence.
Amendment 955 #
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1a. The Vice-Chair shall automatically replace the Chair, if the latter is prevented from attending to his/her duties.
Amendment 957 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. If the Chair or Vice-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 consultation of the European Parliament, adopt an implementing decision to remove the Chair or the Vice-Chair of the Authority from office. The Council may also decide to deprive the Chair or the Vice-Chair of his or her right to a pension or other benefits in case he or she is found guilty of serious misconduct. The Council shall act by qualified majority.
Amendment 963 #
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. TAfter the approval by the European Parliament, the Executive Board shall appoint the Executive Director. Where the European Parliament is of the opinion that none of the shortlisted candidates sufficiently fulfils the qualifications set out in the first subparagraph, the open selection procedure will recommence.
Amendment 968 #
Proposal for a regulation
Article 58 – paragraph 5 – subparagraph 1
Article 58 – paragraph 5 – subparagraph 1
Amendment 998 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
The financial rules applicable to the Authority shall be adopted by the Executive Board after consulting the Commission. They shall not depart from Commission Delegated Regulation (EU) 2019/715unless such a departure is specifically required for the Authority's operation and the Commission has given its prior consent.
Amendment 1000 #
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 foreseen in Article 43, and the assessments of the state of supervisory convergence in Article 28. The Chair of the Authority shall present that report in public to the European Parliament.
Amendment 1008 #
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 six weeks of their notification to the Authority.
Amendment 1024 #
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 significantn impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection.
Amendment 1036 #
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, the Authority shall conclude separate working arrangements with OLAF, Europol, Eurojust, and the EPPO setting out the details of their cooperation. The working arrangements shall not form the legal basis for allowing the exchange of personal data. 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 1044 #
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 significantn 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. The Authority may also invite the European Data Protection Board and individual national data protection authorities as observers in the process of drafting such guidelines and recommendations.
Amendment 1048 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. In accordance with Article 25 of Regulation (EU) 2018/1725, the Authority shallmay adopt internal rules which may restrict the application of the rights of the data subjects where such restrictions are necessary to the performance of the tasks referred in Article 53 [AMLD] and Article 55 of [AMLR].
Amendment 1057 #
Proposal for a regulation
Article 88 – paragraph 1 – introductory part
Article 88 – paragraph 1 – introductory part
1. By 31 December 20297, and every five years thereafter, the Commission shall assess the Authority’s performance in relation to its objectives, mandate, tasks and location(s), in accordance with the Commission's guidelines. The evaluation shall, in particular, address: