2020/2174(DEC) | [ParlTrack]

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Sirpa PIETIKÄINEN, Danuta Maria HÜBNER

Draft opinion
Paragraph 1

1. ~~Acknowledge~~Highlights that, in the opinion of the Court, the European Banking Authority’s transactions underlying the annual accounts for the year 2019 are legal and regular in all material aspects;

Amendment 10 #

Draft opinion
Paragraph 2

2. Shares with concern the Court’s observation that to compensate for a shortage of posts the Authority relies on interim staff, which may cause dependencies on the interim work agencies and pose risks of inadequate supervision of complex work by external contractors and contractual litigation issues; is aware that, up to the time of its relocation, the Authority had been governed by UK labour law, which implies differences with regard to temporary subcontracting; calls on the Authority to enhance clarity from now on in its recruitment of staff in line with EU labour standards;

Amendment 11 #

Gunnar BECK, Marco ZANNI, Antonio Maria RINALDI, Valentino GRANT, Francesca DONATO

Draft opinion
Paragraph 2

2. Shares with concern the Court’s observation that to compensate for a shortage of posts the Authority relies on interim staff, which may cause dependencies on the interim work agencies and pose risks of inadequate supervision of complex work by external contractors and contractual litigation issues; urges the Authority to make sure that contracts avoid any confusion between the procurement of services and of interim workers;

Amendment 12 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Inese VAIDERE, Sirpa PIETIKÄINEN, Danuta Maria HÜBNER

Draft opinion
Paragraph 2 a (new)

2 a. Considers that the responsibilities of the Authorities have progressively increased since their creation; notes that budget increases should be gradual and continuous over time in line with the increase in competencies. Considers that the future responsibilities arising, inter alia, from the Digital Finance Strategy as well as the responsibilities inherent in the fight against money laundering require an adaptation of the Authorities' financing;

Amendment 13 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Sirpa PIETIKÄINEN, Danuta Maria HÜBNER

Draft opinion
Paragraph 2 a (new)

2 a. Stresses the urgency to allocate sufficient resources to the Authority to allow it to carry out its allocated tasks in an adequate and efficient manner;

Amendment 14 #

Csaba MOLNÁR, Jonás FERNÁNDEZ, Marc ANGEL, Paul TANG

Draft opinion
Paragraph 2 b (new)

2 b. Recalls the Report on the annual accounts of the European Banking Authority (EBA) for the financial year 2019 of the European Court of Auditors, according to which the EBA might have used IT service contracts for the provision of labour, which is not in compliance with EU social and employment rules; calls the Authority, therefore, to ensure that contracts avoid any confusion between the procurement of IT services and of interim workers;

Amendment 15 #

Draft opinion
Paragraph 2 b (new)

2 b. Underlines that in certain cases the mandates adopted at level 1 of the legislation do not take into account the minimum timeframes required for the Authorities to carry out the necessary work to develop and adopt level 2 measures, thereby making reallocations of resources necessary and causing delays in the implementation of certain measures;

Amendment 16 #

Stéphanie YON-COURTIN, Gilles BOYER, Ivars IJABS

Draft opinion
Paragraph 3

3. Recalls its resolution of 13 January 2020 on institutions and bodies of the EMU: preventing post-public employment conflicts of interest; calls on the Authority to draw inspiration from the publication by the ECB's Ethics Committee of its opinions on cases of conflict of interest and post-mandate gainful employment, in order to increase transparency on potential conflicts of interest and on post- mandate gainful employment;

Amendment 17 #

Ivars IJABS, Gilles BOYER, Engin EROGLU, Stéphanie YON-COURTIN, Dragoş PÎSLARU

Draft opinion
Paragraph 3

3. Recalls its resolution of 13 January 2020 on institutions and bodies of the EMU: preventing post-public employment conflicts of interest; emphasises in particular that the Board of supervisors should not have given its approval for the Authority’s former Executive Director to take on the role of a Chief Executive Officer of the Association of Financial Markets in Europe;

Amendment 18 #

Csaba MOLNÁR, Jonás FERNÁNDEZ, Marc ANGEL, Paul TANG

Draft opinion
Paragraph 3

3. Recalls its resolution of 13 January 2020 on institutions and bodies of the EMU: preventing post-public employment conflicts of interest; welcomes the first steps taken towards prevention and proper management of conflicts of interest and transparency measures, by following up on the Ombudsman’s recommendations; looks forward to a full update on the state of play of preventive and management measures taken and/or foreseen;

Amendment 19 #

Draft opinion
Paragraph 3

3. Recalls its resolution of 13 January 2020 on institutions and bodies of the EMU: preventing post-public employment conflicts of interest; notes with satisfaction that the EBA acted upon the EU ombudsman’s recommendations and introduced measures on how to deal with future revolving door situations and, for instance, stands ready to forbid senior staff from taking up certain positions when they leave the EBA; warns, however, that only time will tell whether those rules will be properly enforced; 3a _________________ 3a See the Ombudsman reaction to the introduction of new measures by the EBA : https://www.ombudsman.europa.eu/en/pre ss-release/en/131984

Amendment 2 #

Draft opinion
Paragraph 1 a (new)

1 a. Welcomes the Authority’s efforts towards a more coordinated supervisory regime across the European financial system; underlines its role to ensure a stable, well-integrated, efficient and safe financial market; highlights the importance of consumer protection in the Union by promoting fairness and transparency on the product and financial services market, and looks forward to receiving an update on future measures taken in this direction, including also responses to the challenges of the digitalisation of the economy and sustainability measures;

Amendment 20 #

Gunnar BECK, Marco ZANNI, Antonio Maria RINALDI, Valentino GRANT, Francesca DONATO

Draft opinion
Paragraph 3

3. Recalls its resolution of 13 January 2020 on institutions and bodies of the EMU: preventing post-public employment conflicts of interest; calls upon the Authority to ensure that its internal procedures for dealing with conflicts of interest are in line with the Ombudsman’s recommendations following her inquiry into the EBA Executive Director’s move to a finance lobby group, if they are not yet fully aligned; calls further upon the Authority to enforce it Ethics Guide so as to protect the integrity of the institution and establish fair and responsible practices;

Amendment 21 #

Draft opinion
Paragraph 3

3. Recalls its resolution of 13 January 2020 on institutions and bodies of the EMU: preventing post-public employment conflicts of interest and the decision of the European Ombudsman in case 2168/2019/KR of 7 May 2020; strongly agrees with the Ombudsman that the Authority should have forbidden the job move and that the measures put in place to prevent conflicts of interest are not sufficient to address the risks involved;

Amendment 22 #

Gunnar BECK, Marco ZANNI, Antonio Maria RINALDI, Valentino GRANT, Francesca DONATO

Draft opinion
Paragraph 3 a (new)

3 a. Welcomes the adoption by the Authority`s Board of Supervisors of its Policy on Independence and Decision Making Processes for avoiding Conflicts of Interests; calls on the European Court of Auditors to specifically scrutinize in its future audits of the Authority (i) if senior staff members have taken up certain positions in the financial industry after their term in office, (ii) the timely manner in which access to confidential information for staff members is withdrawn, once it became known that they are moving to another job;

Amendment 23 #

Stéphanie YON-COURTIN, Gilles BOYER, Ivars IJABS

Draft opinion
Paragraph 3 a (new)

3 a. Calls on the Authority to draw inspiration from the ECB's initiatives to propose internal programmes for the promotion of women and for greater diversity among its staff; Notes in this regard the public and written commitments made by the Authority's new Executive Director, and calls on the Authority to report regularly to Parliament on the progress of its commitments on parity and diversity;

Amendment 24 #

Csaba MOLNÁR, Jonás FERNÁNDEZ, Marc ANGEL, Paul TANG

Draft opinion
Paragraph 3 a (new)

3 a. Reiterates its call for a gender balanced staff policy, as well as an implemented employment policy fully compliant with EU social and employment rules;

Amendment 25 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Sirpa PIETIKÄINEN

Draft opinion
Paragraph 4

4. Acknowledges that the composition of the Board of Supervisors seems appropriate to deal with the EBAs’ rulemaking responsibilities, but less so for their supervisory roles, which was illustrated by the non-adoption of a recommendation in the Danish-Estonian money laundering case; is concerned about the reluctance of supervisors to sanction their peers, which may hamper efficient decision making;

Amendment 26 #

Markus FERBER

Draft opinion
Paragraph 4

4. Acknowledges that the composition of the Board of Supervisors seems appropriate to deal with the EBAs’ rulemaking responsibilities, but less so for their supervisory roles as illustrated by the Danske Bank case;

Amendment 27 #

Draft opinion
Paragraph 4

4. Acknowledges that the composition of the Board of Supervisors seems appropriate to deal with the EBAs’ rulemaking responsibilities, but less so for their supervisory roles; considers that its ability to obtain accurate information from financial institutions is not sufficient to exercise its various responsibilities;

Amendment 28 #

Ivars IJABS, Gilles BOYER, Engin EROGLU, Stéphanie YON-COURTIN, Dragoş PÎSLARU

Draft opinion
Paragraph 4

4. Acknowledges that the composition of the Board of Supervisors seems appropriate to deal with the EBAs’ rulemaking responsibilities, but less so for their supervisory roles; notes that the Authority is understaffed and not in a position to conduct EU-wide mission such as stress test exercises under the best conditions; recommends greater means for a greater autonomy from Member State’s national authorities4a _________________ 4aSee the Court of auditors’ special report : With very limited staff resources and a lot of effort the EBA coordinated the exercise involving many stakeholders and within tight deadlines. (..). Owing to the lack of resources and the current governance arrangements, the EBA was not in a position to ensure “comparability and reliability of methods, practices and results”, as envisaged in the regulation. https://op.europa.eu/webpub/eca/special- reports/eba-stress-test-10-2019/en/

Amendment 29 #

Draft opinion
Paragraph 4

4. Acknowledges that the composition of the Board of Supervisors seems appropriate to deal with the EBAs’ rulemaking responsibilities, but less so for their supervisory roles; recalls, in this context, the Authority’s new mandate in the fight against money laundering and terrorist financing; stresses further that the Authority should make full use of the powers granted to it under Chapter II of Regulation (EU) No 1093/2010 to ensure that all assignments and tasks are carried out properly and on time, and to ensure attainment of the tasks and objectives set out in that same Chapter, particularly with regard to consumer protection in the fast-growing area of digital finance, including neobanks;

Amendment 3 #

Draft opinion
Paragraph 1 b (new)

1 b. Stresses that the supervision of the public financial sector positively contributes to combating tax fraud and money laundering;

Amendment 30 #

Markus FERBER

Draft opinion
Paragraph 4 a (new)

4 a. Notes that, as the Authority’s workload is increasingly shifting from regulatory tasks to enforcing and applying Union law, budgetary and personnel resources have to be reallocated internally; points out that a strict focus on the mandate assigned by the European legislator will ensure a more effective and more efficient use of resources;

Amendment 31 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Sirpa PIETIKÄINEN

Draft opinion
Paragraph 4 a (new)

4 a. Acknowledges that the Authority has conducted an inquiry into dividend arbitrage trading schemes such as cum-ex or cum-cum as requested by the European Parliament1a; notes, however, the report's shortcomings in shedding light on those illegal practices and regrets that no date for a formal inquiry has been set; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-8-2018-0475_EN.html

Amendment 32 #

Markus FERBER

Draft opinion
Paragraph 4 b (new)

4 b. Points out that the principle of proportionality should be a guiding principle for the Authority's work;

Amendment 33 #

Draft opinion
Paragraph 5

5. ~~Is concerned~~Notes that in contrast to the established budget, the contributions of EFTA Members’ National Competent Authorities (NCA) were not calculated according to the formula set out in that very same budget and thus reduced the payments of EU and EFTA NCAs by EUR 0.7m; notes that the calculation of pension contributions needs further clarification; is aware that the calculation is an estimate and that it is subject to the composition of the staff during the year and to the possibility of making adjustments annually;

Amendment 34 #

Ivars IJABS, Gilles BOYER, Engin EROGLU, Stéphanie YON-COURTIN, Dragoş PÎSLARU

Draft opinion
Paragraph 5

5. Is concerned that in contrast to the established budget, the contributions of EFTA Members’ National Competent Authorities (NCA) were not calculated according to the formula set out in that very same budget and thus reduced the payments of EU and EFTA NCAs by EUR 0.7m; notes that the calculation of pension contributions needs further clarification; calls on the Commission to ensure the receipt of missing payments

Amendment 35 #

Gunnar BECK

Draft opinion
Paragraph 5 a (new)

5 a. Regrets that the amended 2019 budget does not contain adequate information on France´s contributions to the Authority’s running costs; calls on the Authority to publish these figures as soon as possible;

Amendment 36 #

Gunnar BECK

Draft opinion
Paragraph 5 b (new)

5 b. Calls on the Authority to verify the declarations of compliance with French social and labour law made by contractors in accordance with the Financial Regulation applicable to the general budget of the Union, and to publish these declarations on its website;

Amendment 37 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Inese VAIDERE, Sirpa PIETIKÄINEN, Danuta Maria HÜBNER

Draft opinion
Paragraph 6

6. Notes that the Authority has intensified its administrative cooperation with the European Securities and Markets Authority (ESMA) in terms of public procurement procedures, in particular when both authorities make use of framework contracts established by respective other authority but also when joining public procurement procedures run by the European Central Bank (ECB) and the Eurosystem Procurement Coordination Office (EPCO);

Amendment 38 #

Draft opinion
Paragraph 6

6. ~~Notes~~Welcomes the fact that the Authority has intensified its administrative cooperation with the European Securities and Markets Authority (ESMA) in terms of public procurement procedures; calls for the spirit of synergy to continue in the interests of the efficiency of both authorities.

Amendment 39 #

Draft opinion
Paragraph 7

7. Notes that after the completed relocation of its premises from London to Paris following the withdrawal of the United Kingdom from the European Union, a provision of 10,1 million euros is ~~made for~~accounted for in relation to the lease of the EBA’s London office.

Amendment 4 #

Ivars IJABS, Gilles BOYER, Engin EROGLU, Stéphanie YON-COURTIN, Dragoş PÎSLARU

Draft opinion
Paragraph 1 c (new)

1 c. Recalls the importance of the Authority in the prevention of money laundering and terrorism financing; looks forward to seeing the 10-point action plan for 2020/21 to enhance the future framework of prudential and anti-money laundering requirements over dividend arbitrage schemes;

Amendment 40 #

Draft opinion
Paragraph 7

7. Notes that after the completed relocation from London to Paris following the withdrawal of the United Kingdom from the European Union, a provision of 10,1 million euros is made for the lease of the EBA’s London office; notes that the new host Member State, France, contributed 2,5 million euros in January 2019 to the EBA’s running costs but the amended 2019 budget does not contain adequate information on France’s contribution.

Amendment 41 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Sirpa PIETIKÄINEN, Danuta Maria HÜBNER

Draft opinion
Paragraph 7

7. Notes that after the completed relocation from London to Paris following the withdrawal of the United Kingdom from the European Union, a provision of 10,1 million euros is made for the lease of the EBA’s London office; 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 42 #

Draft opinion
Paragraph 7 a (new)

7 a. Is of the opinion that the combination of public-private experience that its staff brings is beneficial to the Authority; considers that systems should be explored to attract talent from the private sector to the public sector and vice versa, with minimum safeguards in place to promote the independence of both sectors; believes that the implementation of the rules in this area should be monitored by common bodies of the Union and should take into account the specific circumstances of each case;

Amendment 43 #

Csaba MOLNÁR, Jonás FERNÁNDEZ, Marc ANGEL, Paul TANG

Draft opinion
Paragraph 7 a (new)

7 a. Recalls that France, as the new host member of the Agency, contributed 2500 000 euros in January 2019 and 500 000 euros in January 2020 to the budget of the EBA, which was adopted in December 2019, but do not contain adequate information on these contributions.

Amendment 44 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Markus FERBER, Sirpa PIETIKÄINEN, Danuta Maria HÜBNER

Draft opinion
Paragraph 7 b (new)

7 b. Points out that the Authority, when carrying out its activities, needs to pay attention to ensuring compliance with Union law, to respecting the principle of proportionality and to complying with the fundamental principles which govern the internal market;

Amendment 45 #

Isabel BENJUMEA BENJUMEA, José Manuel GARCÍA-MARGALLO Y MARFIL, Andreas SCHWAB, Eva MAYDELL, Markus FERBER, Sirpa PIETIKÄINEN, Danuta Maria HÜBNER

Draft opinion
Paragraph 7 c (new)

7 c. Believes that the Authority should take account of new digital challenges and those related to sustainability; considers that the fulfilment of these established objectives and their integration into the regulatory and supervisory framework must always be in line with the strengthening of the market, without undermining its competitiveness and without placing an excessive burden on market actors, especially small and medium-sized ones; considers that the monitoring of the implementation of these objectives must be met with adequate resources;

Amendment 5 #

Csaba MOLNÁR, Jonás FERNÁNDEZ, Marc ANGEL, Paul TANG

Draft opinion
Paragraph 1 d (new)

1 d. Underlines the duty of the financial system in responding appropriately to the financial sustainability challenges, the European Green Deal and the Paris Agreement; welcomes, therefore, the Authority’s efforts of incorporating Environmental, Social, and Governance factors fully into its work; is curious, in particular, about the intention to gather evidence over time on exposures related to assets of activities associated substantially with environmental and/or social objectives, and looks forward to an update on this work;

Amendment 6 #

Draft opinion
Paragraph 1 e (new)

1 e. Welcomes the establishment of an Advisory Proportionality Committee to oversee the principle of proportionality and looks forward to receiving the proposed methodology on how the Committee will provide input to EBA’s annual work programme;

Amendment 7 #

Csaba MOLNÁR, Jonás FERNÁNDEZ, Marc ANGEL, Paul TANG

Draft opinion
Paragraph 1 f (new)

1 f. Recalls the Recommendation of the European Ombudsman in case 2168/2019/KR1a, which found that the EBA’s decision not to forbid its Executive Director from becoming the CEO of a financial industry lobby and not to immediately withdraw its Executive Director’s access to confidential information were maladministrations; underlines, therefore, the importance of an open, efficient and independent European administration for all European agencies and the whole Union; stresses the need for a unified legal framework to address these issues; _________________ 1a https://www.ombudsman.europa.eu/en/rec ommendation/en/127638

Amendment 8 #