BETA


2017/2013(INI) Inquiry into money laundering, tax avoidance and tax evasion

Progress: Procedure completed

RoleCommitteeRapporteurShadows
PANA KOFOD Jeppe (icon: ), JEŽEK Petr (icon: ) NIEDERMAYER Luděk (icon: ), DZHAMBAZKI Angel (icon: ), URBÁN CRESPO Miguel (icon: ), SCOTT CATO Molly (icon: ), VALLI Marco (icon: ), KAPPEL Barbara (icon: )
Lead committee dossier:
Legal Basis:
RoP 208

Events

2017/12/12
   EP - Debate in Parliament
2017/12/12
   EP - End of procedure in Parliament
2017/11/16
   EP - Committee report tabled for plenary
Details

The Committee of Inquiry into the allegations contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion adopted by Jeppe KOFOD (S&D, DK) and Petr JEŽEK (ALDE, CZ) on the inquiry into money laundering, tax avoidance and tax evasion.

As a reminder, on 8 June 2016 Parliament set up a Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion (PANA).

This Committee was set up after the publication of the so-called ‘ Panama Papers ’ which constitute the biggest leak of information on money laundering and tax avoidance and evasion to have happened to date.

Members welcomed the fact that the Council is aiming to establish by the end of 2017 a ‘common EU list of non-cooperative tax jurisdictions’ . They noted, however, that the screening process, as conducted and overseen by the Subgroup on Third Countries of the Code of Conduct Group (Business Taxation) , is not fully transparent and does not allow the Parliament to exercise its scrutiny powers.

The report regretted that a large number of stakeholders have refused to meet with PANA delegations, or refused to appear before the PANA Committee, or did not answer questions in a satisfactory manner.

Members also condemned the assassination of the Maltese journalist Daphne Caruana Galizia who had reported extensively on the Panama Papers and on 16 October 2017 was assassinated in a car bombing.

The main conclusions of the commission of inquiry are:

more political will, better regulation and stronger enforcement and monitoring of existing rules is needed to counter the practices of minimising or not paying taxes, laundering money, both offshore and onshore; through shell corporations, tax havens and complex financial structures, some multinationals and wealthy individuals have succeeded in concealing their capital from the tax authorities and have thus benefited from a legal vacuum allowing them to withdraw their wealth and escape tax; the absence of a common definition as to what constitutes an offshore financial centre (OFC) , a tax haven, a secrecy haven, a non-cooperative tax jurisdiction or a high-risk country in terms of money laundering; the absence of single definitions constitutes one of the main factors preventing the adoption of adequate and effective legislation to counteract tax avoidance, tax evasion and money laundering; the lack of cooperation and coordination between and among the EU institutions and agencies, Member States and competent authorities on different pieces of legislation with regard to tax evasion, tax avoidance and money laundering is a systemic problem; some Member States tend not to provide relevant information in the desired quantity and quality and in general do not seem to exert genuine efforts to crack down on tax avoidance and tax evasion; exchange of information, adequate enforcement and continuously improving combating techniques are key in fighting tax evasion, tax avoidance and money laundering; public country-by-country reporting of tax information by all large companies is warranted; that proper identification of UBOs remains a key obstacle to eliminating illegal tax avoidance schemes; Members concluded that there has been a significant gradual improvement in terms of having a register of UBOs with accessibility based on legitimate interest; the creativity of tax avoiders is faster than the formulation of legislation, and that intermediaries and enablers tend to stay on the right side of the law through creative compliance; binding international rules and standards should be established in order to better regulate and define wealth management profession ; a common EU approach to combat shell and letterbox companies in third countries and OCTs and ORs is needed, and to put an end once and for all to practices designed to avoid paying the fair amount of taxes in the EU, on the basis of transparency on the part of the ultimate beneficiaries; the Commission is not sufficiently equipped in terms of resources to ensure full enforcement of the EU legislation against money laundering, tax evasion and tax avoidance; tax policy issues at Council level are often blocked by individual Member States , in order to protect tax havens; Members called for the abolition of the principle of unanimity of the Member States in tax matters; Member State institutions in charge of implementing and enforcing rules as regards tax fraud and money laundering need to be entirely independent from political influence; sanctions are not always applied or sufficiently deterrent in relevant cases; Members deplored the fact, in this context, that Member States continue to oppose the imposition by the EU of sanctions on third countries whose tax systems are regarded as damaging to the Union.

Members concluded that on the basis of the PANA Committee’s findings, several cases of maladministration with respect to EU legislation can be identified, namely regarding:

the absence of spontaneous communication of tax information from the competent authority of one Member State to another Member State if it has reason to suppose that there may be a loss of tax revenue in the other Member State; the failure of the Member State authorities to act upon the evidence of a serious and persistent failure to identify the beneficial owners for the application of the customer due diligence requirements of the Third Anti-Money Laundering Directive and the failure of the Commission to ensure the effective application of this Directive; the Commission's failure to provide a list of third countries with strategic weaknesses in their anti-money laundering regimes; failure of Member States’ authorities to apply administrative penalties and other administrative measures to institutions found liable regarding serious infringements of the national provisions adopted pursuant to the Third Anti-Money Laundering Directive; the lack of sincere cooperation by the Member States in the framework of the Code of Conduct (Business Taxation) group.

Given that a number of questions remain unanswered regarding the goal of fully ascertaining the scale of this issue, Members suggested the continuation of the inquiry tasks within a permanent committee or high-level working group within the European Parliament.

Documents
2017/10/18
   EP - Vote in committee
2017/06/28
   EP - Committee draft report
Documents
2017/02/16
   EP - Committee referral announced in Parliament
2016/09/29
   EP -

Documents

Activities

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/0/url
https://www.europarl.europa.eu/doceo/document/PANA-PR-604514_EN.html
docs/0/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE604.514
events/0/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/1/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/2
date
2017-11-16T00:00:00
type
Committee report tabled for plenary
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-8-2017-0357_EN.html title: A8-0357/2017
summary
events/2
date
2017-11-16T00:00:00
type
Committee report tabled for plenary, single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-8-2017-0357_EN.html title: A8-0357/2017
summary
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20171212&type=CRE
New
https://www.europarl.europa.eu/doceo/document/CRE-8-2017-12-12-TOC_EN.html
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
events/2/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0357&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2017-0357_EN.html
activities
  • date: 2017-02-16T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: NIEDERMAYER Luděk group: ECR name: DZHAMBAZKI Angel group: GUE/NGL name: URBÁN CRESPO Miguel group: Verts/ALE name: SCOTT CATO Molly group: EFD name: VALLI Marco group: ENF name: KAPPEL Barbara responsible: True committee: PANA date: 2016-09-29T00:00:00 2016-09-29T00:00:00 committee_full: PANA Committee of inquiry into money laundering, tax avoidance and tax evasion rapporteur: group: S&D name: KOFOD Jeppe group: ALDE name: JEŽEK Petr
  • date: 2017-10-18T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: NIEDERMAYER Luděk group: ECR name: DZHAMBAZKI Angel group: GUE/NGL name: URBÁN CRESPO Miguel group: Verts/ALE name: SCOTT CATO Molly group: EFD name: VALLI Marco group: ENF name: KAPPEL Barbara responsible: True committee: PANA date: 2016-09-29T00:00:00 2016-09-29T00:00:00 committee_full: PANA Committee of inquiry into money laundering, tax avoidance and tax evasion rapporteur: group: S&D name: KOFOD Jeppe group: ALDE name: JEŽEK Petr
  • date: 2017-11-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0357&language=EN type: Committee report tabled for plenary, single reading title: A8-0357/2017 body: EP type: Committee report tabled for plenary, single reading
  • date: 2017-12-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20171212&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
commission
  • body: EC dg: Taxation and Customs Union commissioner: MOSCOVICI Pierre
docs
  • date: 2017-06-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE604.514 title: PE604.514 type: Committee draft report body: EP
events
  • date: 2017-02-16T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-10-18T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-11-16T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0357&language=EN title: A8-0357/2017 summary: The Committee of Inquiry into the allegations contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion adopted by Jeppe KOFOD (S&D, DK) and Petr JEŽEK (ALDE, CZ) on the inquiry into money laundering, tax avoidance and tax evasion. As a reminder, on 8 June 2016 Parliament set up a Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion (PANA). This Committee was set up after the publication of the so-called ‘ Panama Papers ’ which constitute the biggest leak of information on money laundering and tax avoidance and evasion to have happened to date. Members welcomed the fact that the Council is aiming to establish by the end of 2017 a ‘common EU list of non-cooperative tax jurisdictions’ . They noted, however, that the screening process, as conducted and overseen by the Subgroup on Third Countries of the Code of Conduct Group (Business Taxation) , is not fully transparent and does not allow the Parliament to exercise its scrutiny powers. The report regretted that a large number of stakeholders have refused to meet with PANA delegations, or refused to appear before the PANA Committee, or did not answer questions in a satisfactory manner. Members also condemned the assassination of the Maltese journalist Daphne Caruana Galizia who had reported extensively on the Panama Papers and on 16 October 2017 was assassinated in a car bombing. The main conclusions of the commission of inquiry are: more political will, better regulation and stronger enforcement and monitoring of existing rules is needed to counter the practices of minimising or not paying taxes, laundering money, both offshore and onshore; through shell corporations, tax havens and complex financial structures, some multinationals and wealthy individuals have succeeded in concealing their capital from the tax authorities and have thus benefited from a legal vacuum allowing them to withdraw their wealth and escape tax; the absence of a common definition as to what constitutes an offshore financial centre (OFC) , a tax haven, a secrecy haven, a non-cooperative tax jurisdiction or a high-risk country in terms of money laundering; the absence of single definitions constitutes one of the main factors preventing the adoption of adequate and effective legislation to counteract tax avoidance, tax evasion and money laundering; the lack of cooperation and coordination between and among the EU institutions and agencies, Member States and competent authorities on different pieces of legislation with regard to tax evasion, tax avoidance and money laundering is a systemic problem; some Member States tend not to provide relevant information in the desired quantity and quality and in general do not seem to exert genuine efforts to crack down on tax avoidance and tax evasion; exchange of information, adequate enforcement and continuously improving combating techniques are key in fighting tax evasion, tax avoidance and money laundering; public country-by-country reporting of tax information by all large companies is warranted; that proper identification of UBOs remains a key obstacle to eliminating illegal tax avoidance schemes; Members concluded that there has been a significant gradual improvement in terms of having a register of UBOs with accessibility based on legitimate interest; the creativity of tax avoiders is faster than the formulation of legislation, and that intermediaries and enablers tend to stay on the right side of the law through creative compliance; binding international rules and standards should be established in order to better regulate and define wealth management profession ; a common EU approach to combat shell and letterbox companies in third countries and OCTs and ORs is needed, and to put an end once and for all to practices designed to avoid paying the fair amount of taxes in the EU, on the basis of transparency on the part of the ultimate beneficiaries; the Commission is not sufficiently equipped in terms of resources to ensure full enforcement of the EU legislation against money laundering, tax evasion and tax avoidance; tax policy issues at Council level are often blocked by individual Member States , in order to protect tax havens; Members called for the abolition of the principle of unanimity of the Member States in tax matters; Member State institutions in charge of implementing and enforcing rules as regards tax fraud and money laundering need to be entirely independent from political influence; sanctions are not always applied or sufficiently deterrent in relevant cases; Members deplored the fact, in this context, that Member States continue to oppose the imposition by the EU of sanctions on third countries whose tax systems are regarded as damaging to the Union. Members concluded that on the basis of the PANA Committee’s findings, several cases of maladministration with respect to EU legislation can be identified, namely regarding: the absence of spontaneous communication of tax information from the competent authority of one Member State to another Member State if it has reason to suppose that there may be a loss of tax revenue in the other Member State; the failure of the Member State authorities to act upon the evidence of a serious and persistent failure to identify the beneficial owners for the application of the customer due diligence requirements of the Third Anti-Money Laundering Directive and the failure of the Commission to ensure the effective application of this Directive; the Commission's failure to provide a list of third countries with strategic weaknesses in their anti-money laundering regimes; failure of Member States’ authorities to apply administrative penalties and other administrative measures to institutions found liable regarding serious infringements of the national provisions adopted pursuant to the Third Anti-Money Laundering Directive; the lack of sincere cooperation by the Member States in the framework of the Code of Conduct (Business Taxation) group. Given that a number of questions remain unanswered regarding the goal of fully ascertaining the scale of this issue, Members suggested the continuation of the inquiry tasks within a permanent committee or high-level working group within the European Parliament.
  • date: 2017-12-12T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20171212&type=CRE title: Debate in Parliament
  • date: 2017-12-12T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/taxation-and-customs-union_en title: Taxation and Customs Union commissioner: MOSCOVICI Pierre
procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/dossier_of_the_committee
Old
PANA/8/08635
New
  • PANA/8/08635
procedure/legal_basis/0
Rules of Procedure EP 208
procedure/legal_basis/0
Rules of Procedure EP 019
procedure/subject
Old
  • 3.45.04 Company taxation
  • 7.30.30.08 Capital outflow, money laundering
New
3.45.04
Company taxation
7.30.30.08
Capital outflow, money laundering
procedure/subtype
Old
Special committee/Committee of inquiry
New
  • Special committee/Committee of inquiry
  • See also Directive 2005/60/EC 2004/0137(COD) See also Directive 2011/16/EU 2009/0004(CNS) See also Directive 2013/36/EU 2011/0203(COD) See also Directive 2014/91/EU 2012/0168(COD) See also Directive 2015/849 2013/0025(COD) See also Directive 2014/107/EU 2013/0188(CNS) See also 2016/3044(RSP)
procedure/summary
  • See also
  • See also Directive 2005/60/EC
  • See also Directive 2011/16/EU
  • See also Directive 2013/36/EU
  • See also Directive 2014/107/EU
  • See also Directive 2014/91/EU
  • See also Directive 2015/849
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0357&language=EN type: Committee report tabled for plenary, single reading title: A8-0357/2017
activities/3/docs
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Rules of Procedure EP 019
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8.50.01 Implementation of EU law
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See also
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  • group: ECR name: DZHAMBAZKI Angel
  • group: GUE/NGL name: URBÁN CRESPO Miguel
  • group: Verts/ALE name: SCOTT CATO Molly
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  • group: ECR name: DZHAMBAZKI Angel
  • group: GUE/NGL name: URBÁN CRESPO Miguel
  • group: Verts/ALE name: SCOTT CATO Molly
  • group: ENF name: KAPPEL Barbara
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procedure/stage_reached
Old
Preparatory phase in Parliament
New
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PANA Committee of inquiry on money laundering, tax avoidance and tax evasion
New
PANA Committee of inquiry into money laundering, tax avoidance and tax evasion
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    links
    other
      procedure
      reference
      2017/2013(INI)
      title
      Inquiry into money laundering, tax avoidance and tax evasion
      legal_basis
      Rules of Procedure of the European Parliament EP 052
      stage_reached
      Preparatory phase in Parliament
      summary
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      Special committee/Committee of inquiry
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