2019/2090(DEC) | [ParlTrack]

Gilles BOYER, Olivier CHASTEL, Stéphane SÉJOURNÉ, Stéphanie YON-COURTIN

Draft opinion
Paragraph 2 a (new)

2 a. Takes note of the Annual report on EU agencies for the financial year 20182a of the European Court of Auditors, that interim workers should work under the same working conditions as workers employed directly by the user undertaking, however the Authority did not likely carry out any comparison between the working conditions of its own staff and those of interim workers; calls on the Authority therefore to analyse the working conditions of its interim workers and ensure that they are in line with European and national labour law; _________________ 2a https://www.eca.europa.eu/Lists/ECADoc uments/AGENCIES_2018/AGENCIES_2 018_EN.pdf

Amendment 11 #

Draft opinion
Paragraph 2 a (new)

2 a. Questions whether the resources allocated to the Authority are sufficient to enable it to fully carry out an increasing number of tasks assigned to it, in particular in the important field of anti- money laundering; questions whether using temporary workers and external consultancies rather than increasing the number of its own staff is the best use of resources in the long-term, particularly in strategic sectors such as IT, as stated by the Court of Auditors;

Amendment 12 #

Markus FERBER

Draft opinion
Paragraph 2 a (new)

2 a. Points out that the principle of proportionality should be a guiding principle for EBA's work;

Amendment 13 #

Gilles BOYER, Olivier CHASTEL, Stéphane SÉJOURNÉ, Stéphanie YON-COURTIN, Ondřej KOVAŘÍK

Draft opinion
Paragraph 3

3. Emphasises that the Authority’s budget is financed 40 % from Union funds and 60 % through direct contributions from Member States’ supervisory authorities and that those mixed financing arrangements may pose a threat to the Authority’s independence and supervisory tasks;deleted

Amendment 14 #

Gilles BOYER, Olivier CHASTEL, Stéphane SÉJOURNÉ, Stéphanie YON-COURTIN, Ondřej KOVAŘÍK

Draft opinion
Paragraph 3 a (new)

3 a. Requests that the Authority conduct an inquiry into dividend arbitrage trading schemes such as cum-ex in order to assess potential threats to the integrity of financial markets and to national budgets, to establish the nature and magnitude of actors in such schemes, to assess whether there were breaches of either national or Union law, to assess the actions taken by financial supervisors in Member States, and to make appropriate recommendations for reform and for action to the competent authorities concerned;

Amendment 15 #

Draft opinion
Paragraph 4

4. Regrets that opportunities for 4. economies of scale and efficiency gains were not realised due to ~~insufficient use of~~the decision not to have joint procurement procedures between the Authority and the European Securities and Markets Authority (ESMA) when the Authority moved its seat from London to Paris; calls on the Authority to strengthen cooperation with ESMA concerning administrative support services and facility management services, which are not related to the core activities, where feasible;

Amendment 16 #

Gilles BOYER, Olivier CHASTEL, Stéphane SÉJOURNÉ, Stéphanie YON-COURTIN, Ondřej KOVAŘÍK

Draft opinion
Paragraph 5

5. Recalls that 100 % of the budgetary surplus has been allocated to the Commission whereas Member States consider that 60 % thereof should be refunded to them; calls on the Commission to resolve that issue;deleted

Amendment 17 #

Draft opinion
Paragraph 5

Amendment 18 #

Jessica STEGRUD

Draft opinion
Paragraph 5

Amendment 19 #

Draft opinion
Paragraph 5

Amendment 2 #

Draft opinion
Paragraph 1 a (new)

1 a. Emphasises that the Authority’s role in promoting a common supervisory regime across the European financial system is essential in order to ensure financial stability, a better integrated, more efficient and safer financial market, as well as a high degree of consumer protection in the Union by promoting fairness and transparency on the product and financial services market;

Amendment 20 #

Draft opinion
Paragraph 6

6. Notes that as a result of the completed move of its seat to Paris in 2019, the accounts include provisions for related costs amounting to EUR 4,7 million and provisions for remaining future contractual payments for its offices in London amounting to EUR 10,4 million.; suggests that an audit be conducted once all the costs and consequences of the move are clear in order to identify best practices and areas for improvement;

Amendment 21 #

Draft opinion
Paragraph 6 a (new)

6 a. Recalls the Authority’s new role, tasks and resources in the fight against money laundering and terrorist financing; holds that the effective performance of this role and tasks depends on the support of the Board of Supervisors;

Amendment 22 #

Draft opinion
Paragraph 6 b (new)

6 b. Regrets in this context the rejection of a proposal to investigate the Danske Bank money laundering case;

Amendment 23 #

Draft opinion
Paragraph 6 c (new)

6 c. Is concerned about the conflict of interest that has arisen as a consequence of the appointment of the Authority’s Executive Director as Chief Executive of AFME from 1 February 2020 which was insufficiently addressed by the restrictions imposed by the Board of Supervisors; is further concerned about the systematic nature of the 'revolving door' phenomenon that has the potential to compromise the integrity of Union institutions and to damage citizens' trust in them;

Amendment 24 #

Draft opinion
Paragraph 6 d (new)

6 d. Recalls that the Authority has to date not opened an inquiry into dividend arbitrage trading schemes such as cum-ex or cum-cum as called for by the European Parliament1a; encourages the Authority to inquire together with ESMA dividend Arbitrage schemes in order to stop ongoing and prevent future practices threatening the integrity of Union financial markets; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/RC-8-2018-0551_EN.html

Amendment 25 #

Draft opinion
Paragraph 6 e (new)

6 e. Urges the Authority to deliver its proposals for reducing the supervisory reporting burden for small and non- complex institutions within the timeframe set by the European Parliament and the Council in order to achieve more proportionality1a; calls on the Authority to duly consider the principle of proportionality in its everyday work, including by equally considering the contributions of actors of different sizes in its consultations and accounting for the needs of small actors in its guidelines and its Questions and Answers; asks the Authority to ensure the consistent use of definitions in all regulatory and non- regulatory documents1b; _________________ 1a based on input provided by IHK München and Genossenschaftsverband Bayern 1bbased on input provided by Michael Ikrath, Member of the European Economic and Social Committee

Amendment 3 #

Draft opinion
Paragraph 1 b (new)

1 b. Recalls the importance of supervising the public financial sector, which is a necessary and truly effective instrument in combating tax fraud and money laundering;

Amendment 4 #

Draft opinion
Paragraph 1 c (new)

1 c. Underlines the responsibility of the financial system in meeting sustainability challenges and ensuring that the Union meets its obligations under the Paris Agreement under the United Nations Framework Convention on Climate Change; highlights the crucial role of the Authority in integrating environmental, social and governance related factors into the regulatory and supervisory framework and in mobilising and guiding private capital flows towards sustainable investments; therefore stresses the need for sufficient resources to monitor the implementation of that framework by financial institutions and national competent authorities;

Amendment 5 #

Draft opinion
Paragraph 1 d (new)

1 d. Notes that the Authority will see its role, powers and resources in the field of anti-money laundering and combating the financing of terrorism (AML/CFT) reinforced in the context of the new legislative proposals on which political agreement was reached in March 20191a; stresses that the Authority should take a leading role in the prevention of money laundering, taking advantage of the new competences and the creation of a new internal AML/CFT committee, and should therefore be provided with increased capacity in human and material resources to contribute effectively to the consistent and efficient prevention of the use of the financial system for the purposes of money laundering and the financing of terrorism; _________________ 1a https://ec.europa.eu/commission/presscor ner/detail/en/IP_19_1655

Amendment 6 #

Draft opinion
Paragraph 1 e (new)

1 e. Underlines that the Authority, when carrying out its activities, needs to pay particular attention to ensuring compatibility with Union law, to respecting the principle of proportionality and to complying with the fundamental principles of the internal market;

Amendment 7 #

Gilles BOYER, Olivier CHASTEL, Stéphane SÉJOURNÉ, Stéphanie YON-COURTIN, Ondřej KOVAŘÍK

Draft opinion
Paragraph 1 f (new)

1 f. Underlines the importance of an open, efficient and independent administration for all Union agencies and the Union as a whole; recalls the problem of conflict of interest arising from ‘revolving door’ situations and stresses the need for a unified legal framework to address these issues;

Amendment 8 #

Draft opinion
Paragraph 2

2. Notes that~~, as~~ the Authority’s workload is ~~increasingly shifting from~~constantly evolving and includes both regulatory tasks toand the enforc~~ing~~ement and appl~~ying Union law~~ication of Union law; notes that in order to facilitate that evolution, budgetary and personnel resources have been reallocated internally;

Amendment 9 #

Markus FERBER

Draft opinion
Paragraph 2

2. Notes that, as the Authority’s workload is increasingly shifting from regulatory tasks to enforcing and applying Union law, budgetary and personnel resources have been reallocated internally; stresses that the Authority must never attempt to go beyond its mandate; points out that focussing on the mandate assigned by the European Parliament and the Council will lead to a more effective and efficient use of resources;

source: 644.878

2020/02/03 CONT 25 amendments...

Amendment 1 #

Andrey NOVAKOV, Tomáš ZDECHOVSKÝ, Petri SARVAMAA

Proposal for a decision 1
Paragraph 1

1. Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year ~~2018 / Postpones its decision on granting the Executive Director of the European Banking Authority discharge in respect of the implementation of the budget of the Authority for the financial year~~ 2018;

Amendment 10 #

Tomáš ZDECHOVSKÝ, Andrey NOVAKOV

Motion for a resolution
Paragraph 5

5. Regrets that cooperation between the Authority and ESMA for the preparation of a joint procurement procedure for the renting of office space in Paris was stopped and that both authorities carried out separate procurement procedures, not only for office space but also for other related services; calls on the Authority to report to the discharge authority on the reasons behind that missed opportunity for economies of scale and efficiency gains; urges the agencies to consider the idea of joint procurement procedures and sharing of resources on overlapping tasks among other agencies with similar activities or situated in the proximity of the Agency's headquarters;

Amendment 11 #

Cristian GHINEA, Ramona STRUGARIU, Olivier CHASTEL, Gilles BOYER, Martina DLABAJOVÁ

Motion for a resolution
Paragraph 5

5. Regrets that cooperation between the Authority and ESMA for the preparation of a joint procurement procedure for the renting of office space in Paris was stopped and that both authorities carried out separate procurement procedures, not only for office space but also for other related services; calls on the Authority to report to the discharge authority on the reasons behind that missed opportunity for economies of scale and efficiency gains and encourages the Authority and ESMA to resume cooperation in the future;

Amendment 12 #

Andrey NOVAKOV

Motion for a resolution
Paragraph 5

5. Regrets that cooperation between the Authority and ESMA for the preparation of a joint procurement procedure for the renting of office space in Paris was stopped and that both authorities carried out separate procurement procedures, not only for office space but also for other related services; calls on the Authority to ~~report to the discharge authority on t~~strengthen its cooperation with the other agencies and use joint procurement procedures whe re~~asons behind that~~ver possible, in order not to missed opportunityies for economies of scale and efficiency gains;

Amendment 13 #

Tomáš ZDECHOVSKÝ, Andrey NOVAKOV

Motion for a resolution
Paragraph 5 a (new)

5 a. Calls upon the Authority to improve and intensify its communication with the Member States; urges the Authority to improve and intensify its cooperation with the Member states and the Member States' national banks and commercial banking bodies; stresses the importance of smooth collaboration with the national level in pursuing the Authority's goal of creating a single banking rulebook;

Amendment 14 #

Cristian GHINEA, Ramona STRUGARIU, Olivier CHASTEL, Gilles BOYER, Martina DLABAJOVÁ

Motion for a resolution
Paragraph 8 a (new)

8 a. Notes with concern that an uneven gender balance is reported for 2018 with regard to the senior managers (5 men and 1 woman) and that there is no female member of the Management Board (5 men).

Amendment 15 #

Motion for a resolution
Paragraph 11

11. Acknowledges the measures the Authority already has in place and its ongoing efforts to secure transparency, to prevent and manage conflicts of interests, and to protect whistle-blowers; ~~welcom~~notes theat further steps ~~taken~~are needed in order to prevent and manage conflicts of interest, enhance the transparency of the Authority’s activities by reporting on the meetings that the Authority’s staff have with external stakeholders, and making such reports available on the Authority’s website;

Amendment 16 #

Motion for a resolution
Paragraph 11 a (new)

11 a. Is concerned about the conflict of interest that has arisen as a consequence of the appointment of the Authority’s Executive Director as Chief Executive of AFME from 1 February 2020, which was insufficiently addressed by the restrictions imposed by the Board of Supervisors; expresses its concern that furthermore the Board of Supervisors of EBA nominated a candidate for the position of executive director who was formerly employed as managing director for advocacy at the AFME; calls for the need to urgently address the systematic nature of the 'revolving door' phenomenon, that has the potential to compromise the integrity of Union institutions and to damage citizens' trust in them; recalls that unaddressed conflict-of-interest situations might not only compromise the enforcement of high ethical standards throughout European administration, but also jeopardise the right to good administration, thereby threatening the level playing field required for the proper functioning of the single market;

Amendment 17 #

Motion for a resolution
Paragraph 11 a (new)

11 a. Recalls that the European Parliament in its Resolution of 16 January 2020 expressed its concern about the conflict of interest that has arisen as a consequence of the appointment of the EBA Executive Director as AFME Chief Executive as from 1 February 2020; reiterated that this post-public employment with no cooling-off period constitutes a risk not only to the reputation and independence of the EBA but to all EU institutions and the European project as a whole; stresses therefore that the Commission should work on a harmonised legal framework for the prevention of post-public employment conflicts of interest.

Amendment 18 #

Jean-François JALKH

Motion for a resolution
Paragraph 11 a (new)

11a. Notes with concern that there were further cases of ‘revolving doors’ at the Agency, incompatible with a policy of preventing conflicts of interest and involving the recruitment of senior executives who have already worked or are going to work for private undertakings or interest groups, pressure groups or lobby groups with a connection to the Agency's work;

Amendment 19 #

Cristian GHINEA, Ramona STRUGARIU, Olivier CHASTEL, Martina DLABAJOVÁ

Motion for a resolution
Paragraph 11 b (new)

11 b. Recalls its resolution adopted on 16 January 2020, “Institutions and bodies in the Economic and Monetary Union: Preventing post-public employment conflicts of interest”, and calls on the EBA and the Commission to follow up on this resolution;

Amendment 2 #

Proposal for a decision 1
Paragraph 1

1. Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2018 ~~/ Postpones its decision on granting the Executive Director of the European Banking Authority discharge in respect of the implementation of the budget of the Authority for the financial year 2018;~~.

Amendment 20 #

Cristian GHINEA, Ramona STRUGARIU, Olivier CHASTEL, Gilles BOYER, Martina DLABAJOVÁ

Motion for a resolution
Paragraph 11 a (new)

11 a. Underlines that post-public employment and ‘revolving door’ conflict- of-interest situations are a problem common to many bodies and agencies across the EU;

Amendment 21 #

Cristian GHINEA, Ramona STRUGARIU, Olivier CHASTEL, Gilles BOYER, Martina DLABAJOVÁ

Motion for a resolution
Paragraph 11 b (new)

11 b. Underlines that post-public employment with no cooling-off period is not only affecting the reputation of EBA but of all the EU institutions;

Amendment 22 #

Andrey NOVAKOV

Motion for a resolution
Paragraph 11 a (new)

11 a. Encourages the Authority to continue enhancing its conflict of interests’ policy with views to dismiss accusations received regarding the position of EBA’s Senior Management Members;

Amendment 23 #

Motion for a resolution
Paragraph 15 a (new)

15 a. Underlines the responsibility of the financial system in meeting sustainability challenges and ensuring that the Union meets its obligations undertaken in the framework of the Paris Agreement under the United Nations Framework Convention on Climate Change; highlights the crucial role of the Authority in integrating environmental, social and governance related factors into the regulatory and supervisory framework and in mobilising and guiding private capital flows towards sustainable investments; therefore stresses the need for sufficient resources to monitor the implementation of that framework by financial institutions and national competent authorities;

Amendment 24 #

Ryszard CZARNECKI, Ryszard Antoni LEGUTKO, Raffaele FITTO, Joachim Stanisław BRUDZIŃSKI, Patryk JAKI

Motion for a resolution
Paragraph 15 a (new)

15 a. Is of the opinion that the Court should carry out an audit on the efficiency and cost-effectiveness of the Authority's reallocation once all the costs of the move are clear, in order to identify best practices and address areas for improvement;

Amendment 25 #

Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 15 a (new)

15 a. Calls upon the Agency to focus on disseminating the results of its research to the general public, and to reach out to the public via social media and other media outlets;

Amendment 3 #

Amendment 4 #

Andrey NOVAKOV, Tomáš ZDECHOVSKÝ, Petri SARVAMAA

Proposal for a decision 2
Paragraph 1

1. Approves the closure of the accounts of the European Banking Authority for the financial year ~~2018 / Postpones the closure of the accounts of the European Banking Authority for the financial year~~ 2018;

Amendment 5 #

Tomáš ZDECHOVSKÝ, Andrey NOVAKOV

Motion for a resolution
Citation 4 a (new)

- having regard to the European Parliament resolution on institutions and bodies of the Economic and Monetary Union: preventing post-public employment conflicts of interest (2019/2950(RSP))

Amendment 6 #

Jean-François JALKH

Motion for a resolution
Paragraph 1 a (new)

1a. Stresses that any budget surplus is to be allocated to the Commission and the Member States in proportion to the amount contributed by each respectively;

Amendment 7 #

Motion for a resolution
Paragraph 4

4. Welcomes the fact that the Authority shares practices, initiatives and templates with the European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority, with which the Authority holds regular meetings; strongly encourages the Agency to actively seek further and broader cooperation with all Union agencies;

Amendment 8 #

Motion for a resolution
Paragraph 4 a (new)

4 a. Recalls the Authority’s new role, tasks and resources in the fight against money laundering and terrorist financing; holds that the effective performance of this role and these tasks depends on the support of the Board of Supervisors; regrets in this context the rejection of a proposal to investigate the Danske Bank money laundering case;

Amendment 9 #