Activities of Nicolae ŞTEFĂNUȚĂ 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 (13)
Amendment 32 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The fulfilment of the Authority's objectives depends on an adequate budget and staffing at Union level, while insufficient funds for personnel and equipment of FIUs risk to highjack the entire rationale of the Authority, therefore the good cooperation of the Member States is an essential condition to achieve the best results;
Amendment 33 #
Proposal for a regulation
Recital 6
Recital 6
(6) Combining both direct and indirect supervisory competences over obliged entities, and also functioning as a support and cooperation mechanism for FIUs, is the most appropriate means of bringing about supervision and cooperation between FIUs at Union level. However, achieving the objectives of the mandate given to the Authority depends on the cooperation and the adequate funding and equipment of the FIUs in the Member States. This should be achieved by creating an Authority which should combine independence and a high level of technical expertise and which should be established in line with the Joint Statement and Common Approach of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies32 . _________________ 32 https://europa.eu/european- union/sites/default/files/docs/body/joint_st atement_and_common_approach_2012_en. pdf.
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) A seat agreement should be established between the Authority and the host Member State, stipulating the conditions of establishment of the seat and advantages conferred by the Member State on the Authority and its staff. The location of the newly created Authority should take into account the equal geographic coverage of existing decentralised agencies in the Union.
Amendment 40 #
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. 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 43 #
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.
Amendment 44 #
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 for the five Members of the Executive Board, including the Chair of the Authority, should be introduced. Further internal mechanisms should be proposed to ensure that all the senior staff would not be able to undermine the integrity of the Authority after their term in charge. AMLA should take into consideration the recommendations of the Ombudsman in this matter.
Amendment 47 #
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 gender- balanced shortlist from the Commission and after the consent 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 51 #
Proposal for a regulation
Recital 48
Recital 48
(48) To guarantee the achievement of the objectives and the proper functioning of the Authority, funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions, with a transparent methodology for the levies in order to ensure a predictable budget for the Authority. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 63 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Organise visits at source in the FIUs, on a case-by-case basis and in close collaboration with the Member States, to monitor the capacity and compliance with AML/CFT regulation and assess the different needs to be recommended for the Member States to address in order to improve the fight against anti-money laundering and financing of terrorism.
Amendment 73 #
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, and have no prior criminal conviction; following an open selection procedure which shall be published in the Official Journal of the European Union. The Commission shall draw up a gender- balanced shortlist of two qualified candidates for the position of the Chair of the Authority. The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair of the Authority.
Amendment 74 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The Authority’s budget shall be balanced in terms of revenue and of expenditureadequate to ensure sufficient staff and up- to-date equipment in order to allow the Authority to achieve the objectives and tasks set by this Regulation.
Amendment 77 #
Proposal for a regulation
Article 87 a (new)
Article 87 a (new)
Article 87a The decision of the location regarding the headquarters of the Authority shall take into consideration the equal geographic coverage of the decentralised agencies in the Union.
Amendment 79 #
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
3. On the occasion of every second evaluation, there shall be an assessment of the results achieved by the Authority having regard to its objectives, mandate and tasks, including an assessment of whether the continuationa review of the Authority is still justified with regard to these objectives, mandate and, tasks and powers.