2020/2174(DEC) 2019 discharge: European Banking Authority (EBA)
Next event: Debate in plenary scheduled 2021/04/27
Lead committee dossier:
Next event: Debate in plenary scheduled 2021/04/27
Progress: Awaiting Parliament's vote
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | CONT |
CZARNECKI Ryszard ( ECR)
|
CHRISTOFOROU Lefteris ( EPP),
RÓNAI Sándor ( S&D),
MITUȚA Alin ( Renew),
EICKHOUT Bas ( Verts/ALE),
OMARJEE Younous ( GUE/NGL)
|
| Committee Opinion | ECON |
EPPINK Derk Jan ( ECR)
|
Csaba MOLNÁR ( S&D),
Isabel BENJUMEA BENJUMEA ( PPE),
Stasys JAKELIŪNAS ( Verts/ALE)
|
Lead committee dossier:
Subjects
Events
2021/04/27
Debate in plenary scheduled
2021/03/30
Committee report tabled for plenary
2021/03/22
EP - Vote in committee, 1st reading/single reading
2021/03/03
EP - Amendments tabled in committee
Documents
2021/02/05
CSL - Supplementary non-legislative basic document
Documents
2021/02/04
EP - Committee opinion
Documents
2021/01/14
EP - Committee draft report
Documents
2020/09/15
EP - Committee referral announced in Parliament, 1st reading/single reading
2020/09/08
EP - CZARNECKI Ryszard (ECR) appointed as rapporteur in CONT
2020/09/07
EP - EPPINK Derk Jan (ECR) appointed as rapporteur in ECON
2020/06/29
EC - Non-legislative basic document
Documents
2020/06/29
EC - Non-legislative basic document published
Documents
Documents
- Amendments tabled in committee: PE680.778
- Supplementary non-legislative basic document: 05793/2021
- Committee opinion: PE660.353
- Committee draft report: PE657.194
- Non-legislative basic document: COM(2020)0288
- Non-legislative basic document: EUR-Lex
- Non-legislative basic document published: COM(2020)0288
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document: COM(2020)0288 EUR-Lex
- Committee draft report: PE657.194
- Committee opinion: PE660.353
- Supplementary non-legislative basic document: 05793/2021
- Amendments tabled in committee: PE680.778
| Amendments | Dossier |
| 80 |
2020/2174(DEC)
2021/01/08
ECON
45 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1.
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 #
Draft opinion Paragraph 2 2. Shares with concern the Court’s observation that to compensate for a
Amendment 12 #
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 #
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 #
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 #
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 #
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 #
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;
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 #
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
Amendment 22 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
Draft opinion Paragraph 4 a (new) Amendment 32 #
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.
Amendment 34 #
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 #
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 #
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 #
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.
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
Amendment 4 #
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
Amendment 41 #
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 #
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 #
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 #
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 #
Draft opinion Paragraph 1 d (new) 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 #
Draft opinion Paragraph 1 f (new) Amendment 8 #
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 because of blurred responsibilities;
Amendment 9 #
Draft opinion Paragraph 2 2. Shares with concern the Court’s observation that to compensate for a shortage of posts particularly in the IT sector the Authority relies on interim staff, which may cause
source: 660.354
2021/03/04
CONT
35 amendments...
Amendment 1 #
Proposal for a decision 1 Paragraph 1 1.
Amendment 10 #
Motion for a resolution Paragraph 7 7.
Amendment 11 #
Motion for a resolution Paragraph 7 a (new) Amendment 12 #
Motion for a resolution Paragraph 7 a (new) 7 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;
Amendment 13 #
Motion for a resolution Paragraph 8 8.
Amendment 14 #
Motion for a resolution Paragraph 8 a (new) 8 a. Stresses the importance to increase the digitalisation of the Authority in terms of internal operations and management procedures; stresses the need for the Authority to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
Amendment 15 #
Motion for a resolution Paragraph 12 12. Notes that the Authority reported that it employs staff of 28 nationalities, of whom the Authority reports that 49 % are female and 51 % are male; notes that 83 % of senior management is male and 17 % is female; is concerned by the lack of gender balance at the senior management and board management level, while welcoming the perfect balance in the overall staff; invites the Authority to increase its effort to achieve a better gender balance at management level;
Amendment 16 #
Motion for a resolution Paragraph 12 12. Notes with satisfaction that the Authority reported that it employs staff of 28 nationalities, of whom the Authority reports that
Amendment 17 #
Motion for a resolution Paragraph 12 12. Notes that the Authority reported that it employs staff of 28 nationalities, of whom the Authority reports that 49 % are female and 51 % are male; notes that 83 % of senior management is male and 17 % is female; calls on the Authority to undertake actions to reduce gender imbalance in senior management;
Amendment 18 #
Motion for a resolution Paragraph 12 a (new) 12 a. Encourages the Authority to pursue the development of along term Human Resources policy framework which addresses the work-life balance, the lifelong guidance and career development, the gender balance, the teleworking, the geographical balance and the recruitment and integration of people with disabilities;
Amendment 19 #
14. Notes the observation of the Court that the Authority used a framework contract with an IT company for the provision of IT consultants and that the Authority issued work instructions to some of those IT consultants directly, potentially blurring the lines between the Authority’s staff and the consultants; stresses the risks brought by the use of external IT- consultants; urges the Authority to pay special attention to ensuring operations security and data protection; notes the Authority’s reply that this resulted from the implementation of a new IT-service model and related framework contract and that the Authority is working to mature its management of the third party service integration; calls on the Authority to keep the discharge authority informed about this process of maturation and entrenchment of service-based consumption of IT services;
Amendment 2 #
Motion for a resolution Paragraph 1 1. Notes with concern that the budget monitoring efforts during the financial year 2019 resulted in a budget implementation rate of 97,29 %, representing a decrease of 2,56 % compared to 2018; notes with concern that the rate of execution of payment appropriations was 85,88 %, representing a decrease of 2,35 % compared to the previous year;
Amendment 20 #
Motion for a resolution Paragraph 15 15. Notes with high concern the observation of the Court that the Authority runs legal and reputational risks by using an IT company not domiciled in the Authority’s host country to provide IT consultants working at the Authority’s premises that would qualify for posted worker status under the provisions of French law concerning the transposition of the Posting of Workers Directive2 and the Enforcement Directive3 , and by not verifying the declaration of
Amendment 21 #
Motion for a resolution Paragraph 15 a (new) 15 a. Calls upon the Authority to focus on disseminating the results of its research to the general public;
Amendment 22 #
Motion for a resolution Paragraph 17 17.
Amendment 23 #
Motion for a resolution Paragraph 17 17.
Amendment 24 #
Motion for a resolution Paragraph 17 a (new) 17 a. Notes that the Authority established harassment prevention policies and related trainings frameworks;
Amendment 25 #
Motion for a resolution Paragraph 17 b (new) 17 b. Notes with concern that the annual declarations of interest published on the website are based on members’ of the management board self-assessment; calls on the Authority to evaluate independently potential existence of conflicts of interest;
Amendment 26 #
Motion for a resolution Paragraph 19 19.
Amendment 27 #
Motion for a resolution Paragraph 19 19.
Amendment 28 #
Motion for a resolution Paragraph 19 19. Notes the inquiry of the Ombudsman following the Authority’s decision not to forbid its former executive director from taking up a role in a financial industry lobby and the inquiry’s conclusion that there was maladministration by the Authority in not immediately withdrawing its executive director’s access to confidential information; notes the recommendations made by the
Amendment 29 #
Motion for a resolution Paragraph 19 19. Notes with concern the inquiry of the Ombudsman took place following the Authority’s decision not to forbid its former executive director from taking up a role in a financial industry lobby and the inquiry’s conclusion that there was maladministration by the Authority in not immediately withdrawing its executive director’s access to confidential information; notes the recommendations made by the Ombudsman and the Authority’s reply that the new staff policy addresses the recommendations;
Amendment 3 #
Motion for a resolution Paragraph 3 3. Notes with concern the Court's observation that the amended 2019 budget and the 2020 budget of the Authority do not contain adequate information on the new host Member State’s contributions to the Authority's running costs; calls on the Authority to correct this omission or to communicate the reasons for this omission to the discharge authority; calls on the Authority to present an overview of the contributions of the new host member state to the running costs;
Amendment 30 #
Motion for a resolution Paragraph 19 a (new) 19 a. 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 31 #
Motion for a resolution Paragraph 19 a (new) 19 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 32 #
20. Notes the adoption and implementation of a revised internal control framework by the Authority in January 2020;
Amendment 33 #
Motion for a resolution Paragraph 20 a (new) 20 a. 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 34 #
Motion for a resolution Paragraph 21 21. Welcomes the Authority’s commitment to register its office space under the Union’s eco-management and audit scheme; invites the Authority to strengthen its commitment to creating a sustainable work environment; encourages to closely follow EMAS guidelines;
Amendment 35 #
Motion for a resolution Paragraph 21 a (new) 21 a. Welcomes the efforts made to increase the Authority’s cyber security and data protection, especially as regards the training campaign for the entire statutory staff;
Amendment 4 #
Motion for a resolution Paragraph 3 3. Notes with concern the Court's observation that the amended 2019 budget and the 2020 budget of the Authority do not contain adequate information on the new host Member State’s contributions to the Authority's running costs; calls on the Authority to correct this omission or to diligently communicate the reasons for this omission to the discharge authority;
Amendment 5 #
3 a. 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 6 #
Motion for a resolution Paragraph 4 4. Notes that the Authority uses certain measures as key performance indicators to assess the added value provided by its activities and also uses other measures to improve its budget management, such as percentage of completed yearly assessments of colleges, feedback on training from seminar participants and budget execution; welcomes the fact that the Authority’s KPIs measure entire scope of its activity and that they are adapted to following performance of the annual and multi- annual objectives;
Amendment 7 #
Motion for a resolution Paragraph 5 5. Notes that the administrative staff of the Authority, of the European Securities and Markets Authority and of the European Insurance and Occupational Pensions Authority hold regular meetings to discuss matters of shared interest that have resulted in sharing of practices and templates, with resultant efficiency gains; calls on the Authority to maintain this scheme and continue efforts to enhance good practices and cooperation among decentralised agencies;
Amendment 8 #
Motion for a resolution Paragraph 5 5. Notes that the administrative staff of the Authority, of the European Securities and Markets Authority and of the European Insurance and Occupational Pensions Authority hold regular meetings to discuss matters of shared interest that have resulted in sharing of practices and templates, with resultant efficiency gains; strongly encourages the Agency to actively seek further and broader cooperation with all Union agencies;
Amendment 9 #
Motion for a resolution Paragraph 5 a (new) 5 a. Calls on the Authority to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security);
source: 680.778
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