Activities of Henrike HAHN related to 2021/0240(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) 1094/2010, (EU) 1095/2010
Amendments (12)
Amendment 38 #
Proposal for a regulation
Recital 39
Recital 39
(39) For a smooth decision -making process, the tasks should be clearly divided: the General Board in FIU composition should decide on the relevant measures for FIUs, while the General Board in supervisory composition should decide on delegated acts, guidelines and similar measures for obliged entities. The General Board in supervisory composition should also be able to provide its opinion and advice to the Executive Board on all draft decisions towardsbefore it adopts decisions addressed to individual selected obliged entities proposed by the Joint Supervisory Teams. In absence of such opinion or advice, the decisions should be taken by the Executive Board. Whenever the Executive Board deviates from the advice provided by the General Board in supervisory composition in the final decision, it should explain the reasons thereof in writing.
Amendment 39 #
Proposal for a regulation
Recital 40
Recital 40
(40) For the purposes of voting and taking decisions, each Member State should have one voting representative. Therefore, the heads of public authorities should either appoint a permanent representative as the voting member of the General Board in supervisory composition. Altern or decide on an ad-hoc representatively, depending on the subject-matter of the decision or agenda of a given General bBoard meeting, public authorities of a Member State may decide on an ad-hoc representative. They should take into account the principle of gender balance in their appointments and particularly regarding the composition of the Board as a body. The practical arrangements related to decision-making and voting by the General Board members in supervisory composition should be laid down in the Rules of Procedure of the General Board, to be developed by the Authority.
Amendment 41 #
Proposal for a regulation
Recital 42
Recital 42
(42) The governing body of the Authority should be the Executive Board composed of the Chair of the Authority and of five full -time members, appointed by the General Board based on thea shortlist drawn up by the Commission, after the approval of the European Parliament. With the aim of ensuring a speedy and efficient decision -making process, the Executive Board should be in charge of planning and execution of all the tasks of the Authority except where specific decisions are explicitly allocated to the General Board. In order to ensure objectivity and appropriate rapidity ofthat the decision-making process in the area of direct supervision of the selected obliged entities is objective and swift, the Executive Board should take all binding decisions addressed to selected obliged entities. In addition, together with a representative of the Commission, the Executive Board should be collectively responsible for the administrative and budgetary decisions of the Authority. The consent of the Commission should be required when the Executive Board is taking decisions related to the budget administration, procurement, recruitment, and audit of the Authority, given that a portion of funding of the Authority will be provided from Union budget.
Amendment 42 #
Proposal for a regulation
Recital 43
Recital 43
(43) To allow for swift decisions, all decisions of the Executive Board, including the decisions where the Commission has a right to vote, should be taken by simple majority, with the Chair holding a casting vote in case of a tied vote. To ensure sound financial management of the Authority, the Commission’s consent should be required for decisions related to budget, administration and recruitment. The votinghe members of the Executive Board other than the Chair should be selected by the General Board, based on a short-list established by the Commission, after the approval of the European Parliament. In case the Parliament consider the selected candidates do not meet the qualification criteria, the procedure should recommence.
Amendment 45 #
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the AuthorityIn order to avoid a Member of the Executive Board potentially using his or her position to get a high-ranking appointment in the private sector after his term of office and to prevent any post- public employment conflicts of interests, a cooling-off period for the five Members of the Executive Board, including the Chair of the Authority, should be introduced in a way that they do not acquire any role in an obliged entity that that may give rise to any conflict of interests or situations which may objectively be perceived as a conflict of interests.
Amendment 48 #
Proposal for a regulation
Recital 46
Recital 46
(46) The Executive Director of the Authority should be appointed by the Executive Board based on a shortlist from the Commission, after being approved by the European Parliament. The Executive Director of the Authority should be a senior administrative official of the Authority, in charge of the day-to-day management of the Authority, and responsible for budget administration, procurement, and recruitment and staffing.
Amendment 49 #
Proposal for a regulation
Recital 48
Recital 48
(48) It is necessary to provide the Authority with the requisite human, financial resources and advanced IT tools accompanied by adequate safeguards so that it can fulfil the objectives, tasks and responsibilities assigned to it under this Regulation. In order to ensure that the Authority can respond flexibly to human resource needs, it is in particular appropriate that it has autonomy regarding the recruitment of contract agents. To guarantee the proper functioning of the Authority, funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial reg. The contribution from the Union budget is to be decided by the Budgetary Authority through the budgetary procedure. To that end, the Authority should submit to the Commission a statement of estimates. It should also adopt financial rules after consulation for approval. ng the Commission.
Amendment 52 #
Proposal for a regulation
Recital 49
Recital 49
(49) To ensure that the Authority can also fulfil its tasks as direct and indirect supervisor of obliged entities, an adequate mechanism for the determination and the collection of the fees should be introduced. As regards the fees levied on selected obliged entities and certain non-selected obliged entities, the methodology for their calculation and the process of collection of fees should be developed in a delegated act of the Commission. The methodology should be based on the risk of the directly and indirectly supervised entities as well as their turnover or revenue. The methodology established should ensure sufficient and stable revenue for the Authority and therefore predictability in terms of the contribution from the Union budget. We include sufficient funding so we make a clear indication they need funds.
Amendment 55 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
Amendment 69 #
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 1
Article 46 – paragraph 2 – subparagraph 1
The heads of the supervisory authorities referred to in the first subparagraph, point (b) in each Member State shall share a single vote and shall agree onppoint a single common representative for each meeting and voting procedure. That common, either a permanent voting representative shall be theor an ad- hoc voting memberrepresentative for the purposes of thata specific meeting or voting procedure. The public authorities in a Member State may also agree on a single permanent common representative who shall be a permanent voting membery shall take due account of the principles of gender balance when agreeing on the representatives to the General Board. Where items to be discussed by the General Board in supervisory composition concern the competence of several public authorities, the ad-hoc or permanent voting membersingle common representative may be accompanied by a representative from up to two other public authorities, who shall be non-voting.
Amendment 72 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure which shall respect the principle of gender balance and shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of two qualified candidates for the position of the Chair of the Authority. The shortlisted candidates shall be invited to appear before the Council, after approval bynd the competent committees of the European Parliament,. The Council shall adopt an implementing decision to appoint the Chair of the Authority having obtained the consent of the European Parliament. Where the European Parliament is of the opinion that none of the shortlisted candidates sufficiently fulfils the qualifications set out in the first subparagraph, the open selection procedure shall recommence.
Amendment 75 #
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The fees to be levied shall be calculated in such a way as to ensure sufficient and stable revenue for the Authority.