28 Amendments of Anne SANDER related to 2018/2121(INI)
Amendment 35 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that current international and national tax rules were mostly conceived in the early 20th century; asserts that there is an urgent need for reform of the rules, so that international, EU and national tax systems are fit for the new economic, social and technologic challenges of the 21st century; notes the broad understanding that current tax systems are not equipped to keep up with these developments and ensure that all market participants pay fair taxes and that the fair tax principle must be at the heart of European taxation initiatives and promoted within the European Semester;
Amendment 40 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that certain financial scandals or tax practices which are legally borderline must be fought vigorously; reiterates the importance of striking the right balance between an administration which must be able to monitor what is happening on the territory of a Member State and take the necessary measures where appropriate, while at the same time letting companies grow without being suffocated by administrative rules that could be detrimental to the development of their business, albeit without falling into a lowest common denominator situation in terms of surveillance;
Amendment 76 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores again ‘the lack of reliable and unbiased statistics on the magnitude of tax avoidance and tax evasion [and] stresses the importance of developing appropriate and transparent methodologies to quantify the scale of these phenomena, as well as their impact on countries’ public finances, economic activities and public investments’; points out that recent examples have demonstrated the importance of the political and financial independence of statistical institutes to ensure the reliability of statistical data;
Amendment 83 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Council and Member States to prioritise projects, notably with the support of the Fiscalis programme, aimed at quantifying the magnitude of tax avoidance in order to better address the current tax gap; points out that the complexity of tax regimes raises the issue of legibility and comprehension, both for taxable persons and for tax administrations themselves; stresses, in this regard, that this complexity can give rise to legal loopholes which are subsequently exploited by financial institutions and lead to scandals such as the 'CumEx Files';
Amendment 446 #
Motion for a resolution
Paragraph 52
Paragraph 52
52. Notes that there is no single definition of letterbox companies; points out, however, that simple criteria such as actual business activity or the physical presence of staff working for a company could serve to identify letterbox companies and combat their proliferation;
Amendment 499 #
Motion for a resolution
Paragraph 61
Paragraph 61
61. Regrets, however, that every year, large amounts of the expected VAT revenue are lost because of fraud; highlights that according to the Commission’s statistics, the VAT gap in 2016 amounted to EUR 147 billion, which represents more than 12 % of the total expected VAT revenue43; notes that the Commission estimates that around EUR 50 billion – or EUR 100 per EU citizen each year – is lost to cross-border VAT fraud44; deplores the fact that this tax, which is paid by all citizens, is affected by fraud of such magnitude; notes that the degree of harmonisation of VAT systems has advanced greatly in Europe, whereas cooperation is still in its infancy and not sufficiently effective; calls on the Commission and the Member States to intensify their cooperation on VAT, not least with a view to tackling fraud more effectively; calls on the next Commission to make completion of the definitive VAT regime a priority for its term of office; _________________ 43 Study and Reports on the VAT Gap in the EU-28 Member States: 2018 Final Report / TAXUD/2015/CC/131. 44 See Commission press release: http://europa.eu/rapid/press-release_IP-17- 3443_en.htm
Amendment 511 #
Motion for a resolution
Paragraph 64
Paragraph 64
64. Takes note that according to the Commission, businesses trading on a cross- border basis currently suffer from compliance costs which are 11 % higher compared to those incurred by companies that only trade domestically; calls on the Commission and the Member States to devise concrete technical solutions to lower the cost of cross-border trading;
Amendment 611 #
Motion for a resolution
Paragraph 85
Paragraph 85
85. Observes that a majority of Member States have adopted citizenship by investment (CBI) or residency by investment (RBI) schemes57, generally known as visa or investor programmes, by which citizenship or residence is granted to non-EU citizens in exchange for financial investment; observemaintains that these programmes do not necessarily require applicants tohave to be governed by clear- cut conditions relating, for example, to the need to be physically present in a Member State and to make investments that benefit the real economy by promoting the economic development of the Member State concerned; deplores the fact that, in a great many cases, schemes of this kind are not strict enough and that there are no requirements attaching to the obligation of spending time on the territory in whichwhere the investment is made; _________________ 57 18 Member States have some form of RBI scheme in place, including four Member States that operate CBI schemes in addition to RBI schemes: Bulgaria, Cyprus, Malta, Romania. 10 Member States have no such schemes: Austria, Belgium, Denmark, Finland, Germany, Hungary, Poland, Slovakia, Slovenia and Sweden. Source: study entitled ‘Citizenship by investment (CBI) and residency by investment (RBI) schemes in the EU‘, EPRS, October 2018, PE: 627.128; ISBN: 978-92-846-3375-3.
Amendment 663 #
Motion for a resolution
Paragraph 91
Paragraph 91
91. Concludes that the potential economic benefits of CBI and RBI schemes do not offset the serious money laundering and tax evasion risks they present; calls on Member States to phase out all existing CBI or RBI schemes as soon as possible; stresses that, in the meantime, Member States shouldand obliged entities should, when carrying out their assessment of money laundering and terrorist financing risks, properly ensure that enhanced CDD onthe risk posed by applicants for citizenship or residence through these schemes is duly carried taken into account, as required by AMLD5; calls on the Commission to monitor rigorously and continuously the proper implementation and application of CDD within the framework of CBI and RBI schemes until they are repealed in each Member State;
Amendment 678 #
Motion for a resolution
Paragraph 93
Paragraph 93
93. Urges the Commission to finalise its study on CBI and RBI schemes in the Union; urges the Commission to examine whether, and, if so, which of these schemes posed a threat to EU legislation; calls on the Member States to take swift action where shortcomings have been identified;
Amendment 725 #
Motion for a resolution
Paragraph 106 a (new)
Paragraph 106 a (new)
106a. Stresses that international standards on administrative cooperation are only minimum standards; notes, therefore, that within the European Union, Member States should go further than merely complying with these minimum standards; calls on the Member States already working responsibly to facilitate this cooperation by removing the administrative barriers in order to make it more direct, simple and effective;
Amendment 736 #
Motion for a resolution
Paragraph 108 a (new)
Paragraph 108 a (new)
108a. Notes that the successive revisions of the Anti-Money Laundering Directive have strengthened the European supervisory framework; stresses that these revisions have not been completely transposed throughout Europe; calls on the national administrations to transpose these texts in order to ensure effective protection against money laundering, including that connected with virtual currencies; notes that the multifaceted nature of money laundering techniques requires the development of new and more flexible tools to combat this phenomenon;
Amendment 755 #
Motion for a resolution
Paragraph 112
Paragraph 112
112. Recalls that KYC and CDD are essential, that they must continues throughout the business relationship, and that customers’ transactions have to be closely monitored for suspicious or unusual activities; recalls, in this context, the obligation for obliged entities to promptly inform national FIUs, on their own initiative, of transactions suspected of ML, associate predicate offences or terrorist financing;
Amendment 803 #
Motion for a resolution
Paragraph 119
Paragraph 119
119. Calls for the necessary increased scrutiny and continuous supervision of the members of management boards and shareholders of credit institutions and investment firms in the EU, and stresses in particular the difficulty of revoking banking licences or equivalent specific authorisations;
Amendment 818 #
Motion for a resolution
Paragraph 124
Paragraph 124
124. Stresses that ESAs, and in particular the EBA, should be provided with sufficient resource capacity to carry out their oversight functions and improve AML supervision, in particular the risk assessment of national AML supervisors and the enhanced anti-money laundering peer reviews by the recent amendments to the Authority’s founding Regulation [subject to their forthcoming adoption]; calls for greater publicity for the peer reviews conducted by AML supervisors within the EBA framework, and in particular for systematic information to be provided to Parliament and the Council in the event of a serious deficiency; calls for priority to be given to harmonising the supervisory practices of the different national AML authorities;
Amendment 841 #
Motion for a resolution
Paragraph 127
Paragraph 127
127. Highlights that in order to fight effectively against money laundering activities, cooperation is essential not only between Member States’ FIUs but also between Member States’ FIUs and the FIUs of third countries; notes that the Egmont Group, bringing together 159 FIUs, enhances its operational cooperation by encouraging the continuation and implementation of numerous projects; urges the Commission to produce its assessment, as provided for under the revised Anti-Money Laundering Directive (Article 65(2)), of the framework for FIUs’ cooperation with third countries and obstacles and opportunities to enhance cooperation between FIUs in the Union; calls on the Commission to engage actively with Member States to find mechanisms to improve and enhance the cooperation of Member States’ FIUs with the FIUs of third countries; calls on the Commission to take opportune action in this regard at the relevant international forums, such as the OECD and the Financial Action Task Force (FATF); considers that in any resulting agreement proper consideration should be given to the protection of personal data;
Amendment 852 #
Motion for a resolution
Paragraph 128
Paragraph 128
128. Points out that the non- standardisation of suspicious transaction report formats among Member States and with respect to the different obliged entities leads to difficulties in the processing and exchange of information between FIUs; calls on the Commission to explore, with support from the European Banking Authority (EBA), mechanisms to set up standardised reporting formats for obliged entities in order to facilitate the exchange of information between FIUs in cases with a cross-border dimension;
Amendment 900 #
Motion for a resolution
Paragraph 138 a (new)
Paragraph 138 a (new)
138a. Stresses that the development and use of ‘virtual currencies’ and, more generally, of cryptoassets is a long-term trend that is expected to continue and increase in the coming years, in particular through the use of coins for various purposes, such as corporate financing; calls on the Commission to develop an appropriate framework at European level to manage these developments, drawing inspiration from work at international level and from European bodies such as the ESMA; considers that this framework should both provide the necessary safeguards against the specific risks posed by cryptoassets and also allow for innovation; recalls that some Member States have already adopted various types of framework for specific segments of this sector, such as initial coin offerings, which should be a source of inspiration for future actions;
Amendment 907 #
Motion for a resolution
Paragraph 139
Paragraph 139
139. Stresses that the FATF has recently highlighted the urgent need for all countries to take coordinated action to prevent the use of virtual assets for crime and terrorism, urging all jurisdictions to take legal and practical steps to prevent the misuse of virtual assets73; reiterates its call for an urgent assessment by the Commission of the implications for money launderingcalls on the Commission to swiftly incorporate into the European legal framework the recommendations and stax crimes involving e- gaming activitiendards developed by the FATF to regulate virtual assets; _________________ 73 FATF, Regulation of virtual assets, 19 October 2018, http://www.fatf- gafi.org/publications/fatfrecommendations/ documents/regulation-virtual-assets.html
Amendment 912 #
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139a. Reiterates its call for a rapid assessment by the Commission of the consequences of money laundering and tax crimes involving e-gaming activities;
Amendment 917 #
Motion for a resolution
Paragraph 140
Paragraph 140
140. Takes note of the expert-level work on electronic identification and remote KYC processes, which explores issues such as the possibility of financial institutions using electronic identification (e-ID) and of KYC portability to identify customers digitally; calls on the Commission to come forward swiftly with proposals to this effect;
Amendment 919 #
Motion for a resolution
Paragraph 140 a (new)
Paragraph 140 a (new)
140a. Considers that action should be developed at European level to manage cryptoassets; considers that existing regulatory frameworks have not been developed to be applied to emerging activities or technologies such as virtual currencies, cryptoassets or initial coin offerings, and could therefore have a negative impact on innovation; considers that the application of all or part of the MiFID2/R regime could have its advantages, but that the cumbersome nature of the framework, which does not allow the issues raised by cryptoassets to be adequately addressed, means it could have a dissuasive effect on the development of these activities and technologies and the competitiveness of the European Union; considers passporting to be one of the main issues, once cryptoassets are classified as a financial instrument or in another category; calls on the European supervisory authorities to develop recommendations for future Commission proposals on this subject;
Amendment 941 #
Motion for a resolution
Paragraph 146
Paragraph 146
146. Calls on the Commission and the Member States to ensure that the EU speaks with one voice atcoordinate more effectively with a view to defending, where possible, a strong common position within the FATF; calls on the Commission to include European Parliament staff as observers in the Commission delegation to the FATF;
Amendment 1020 #
Motion for a resolution
Paragraph 158
Paragraph 158
158. Reiterates its call for the EU to have a leading role in the global fight against tax evasion, aggressive tax planning and money laundering, in particular through Commission initiatives in all related international forums; reiterates the importance of urging reciprocity in international and bilateral negotiations between the EU and its partners in the field of taxation to enable greater convergence on practices;
Amendment 1025 #
Motion for a resolution
Paragraph 158 a (new)
Paragraph 158 a (new)
158a. Stresses the need to step up international cooperation on taxation; reiterates that to bring about a suitable response in a world where capital flows know no border a global approach has to be taken to the issue; recognises that the OECD has played a major role in the field of taxation since the financial crisis; reiterates that multilateralism and cooperation between states continues to be the best way to achieve tangible results; calls on all the OECD states to transpose these rules to produce a race to the top in taxation practices worldwide;
Amendment 1078 #
Motion for a resolution
Paragraph 168
Paragraph 168
168. Recalls that tax good governance is a global challenge which requires, above all, global solutions; recalls its position therefore that a ‘tax good governance’ clause should systematically be included in new relevant EU agreements with third countries in order to ensure that these agreements cannot be misused by companies or intermediaries to avoid or evade taxes or launder illicit proceeds, without hampering the EU’s exclusive competences; takes the view that this clause should include specific rules on State aid under the form of a tax advantage, transparency requirements and anti-money laundering provisions;
Amendment 1086 #
Motion for a resolution
Paragraph 169 a (new)
Paragraph 169 a (new)
169a. Points out that State aid may be used in a direct and offensive manner for an aggressive industrial policy; asks the Commission to bear this in mind when negotiating trade agreements, so as not to put EU businesses at a trading disadvantage; stresses that the European Union should more systematically urge reciprocity in its trade negotiations;
Amendment 1087 #
Motion for a resolution
Paragraph 169 b (new)
Paragraph 169 b (new)
169b. Calls on the Commission to give the taxation clause much greater prominence in trade agreements; stresses here too the importance of reciprocity, which is a level playing field tool and should enable a race to the top;