Activities of Andżelika Anna MOŻDŻANOWSKA related to 2021/0240(COD)
Shadow reports (1)
REPORT 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 204 #
Proposal for a regulation
Recital 3
Recital 3
(3) Therefore, a European Authority for anti-money laundering and countering the financing of terrorism, the Anti-Money Laundering Authority (‘the Authority’) should be established. The creation of this new Authority is crucial to ensure efficient and adequate supervision of obliged entities having high inherent Money Laundering/Terrorist Financing (ML/TF) risk, strengthening common supervisory approaches for non-selected obliged entities and facilitating joint analyses and cooperation between Financial Investigation Units (FIUs). The Authority should not in any way undermine the activities of national supervisory authorities or FIUs, or enter into hierarchical relationships with them.
Amendment 207 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The Authority should not challenge the decisions of national supervisory authorities, and in particular it should not investigate cases which have already been dealt with by the national authorities if no new facts have been brought to light in the cases concerned.
Amendment 208 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The national supervisory authorities’ responsibilities vis-à-vis the Authority (including the range of documents and information to be made available) should be precisely defined in order to avoid discretion in this regard and arbitrary top-down orders on the part of the Authority.
Amendment 232 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Authority should only have access to operational information that the Member States’ FIUs agree to make available in the context of joint analyses. The FIUs nevertheless remain the sole owners of the information they make available to the Authority.
Amendment 258 #
Proposal for a regulation
Recital 25
Recital 25
(25) In addition to supervisory powers and in order to ensure compliance, in cases of material breaches of directly applicable requirements, the Authority, in cooperation with the national supervisory authorities, should be able to impose administrative pecuniary sanctions on the selected obliged entities. Such sanctions, the level of which must in every case be established in consultation with the national supervisory authorities, should be proportionate and dissuasive, should have both punitive and deterrent effect, and should comply with the principle of ne bis in idem. The maximum amounts of pecuniary sanctions should be in line with those established by [please insert reference – 6th Anti-Money Laundering Directive] and available to all supervisory authorities across the Union. The basic amounts of these sanctions should be determined within the limits established by the AML/CFT framework, taking into account the nature of the requirements that have been breached. In order for the Authority to take aggravating or mitigating factors adequately into account, adjustments to the relevant basic amount should be possible. With the objective to achieve a timely change of the damaging business practice, the Executive Board of the Authority should be empowered to impose periodic penalty payments to compel the relevant legal or natural person to cease the relevant conduct. With the aim to heighten awareness of all obliged entities, by encouraging them to adopt business practices in line with the AML/CFT framework, the sanctions and penalties should be disclosed. The Court of Justice should have jurisdiction to review the legality of decisions adopted by the Authority, the Council and the Commission, in accordance with Article 263 TFEU, as well as for determining their non-contractual liability.
Amendment 260 #
Proposal for a regulation
Recital 27
Recital 27
(27) For non-selected obliged entities, the AML/CFT supervision is to remain primarily at national level, with national competent authorities retaining full responsibility and accountability for direct supervision. The Authority should be granted adequate indirect supervisory powers to ensure that supervisory actions at national level are consistent and of a high quality across the Union. Therefore, it should carry out assessments of the state of supervisory convergence and publish reports with its findings. It should be empowered to issue guidelines and recommendations, addressed to both obliged entities as well as supervisory authorities, with a view to ensuring harmonised and high -level supervisory practices across the Union.
Amendment 429 #
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) to requestsubmit requests to FIUs to make available data and analyses from FIUs that are relevant to the assessment of threats, vulnerabilities and risks facing the internal market in relation to money laundering and terrorist financing;
Amendment 679 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. The pecuniary sanctions imposed by the Authority in its supervision of obliged institutions shall be established in consultation with the national supervisory authorities.
Amendment 700 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The Executive Board shall by decision, after consulting the national supervisory authorities, impose a periodic penalty payment in order to compel:
Amendment 717 #
Proposal for a regulation
Article 25 – paragraph 8 a (new)
Article 25 – paragraph 8 a (new)
8a. The Authority shall not investigate cases which have already been dealt with by the national authorities if no new facts have been brought to light in the cases concerned;
Amendment 843 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Upon explicit consent of the FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those datathat the FIU is willing to make available on the basis of that consent. FIUs shall remain the sole owners of the operational information they exchange with other institutions.
Amendment 890 #
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2