16 Amendments of Victor NEGRESCU related to 2021/0240(COD)
Amendment 49 #
Proposal for a regulation
Recital 2
Recital 2
(2) Cross-border nature of crime and criminal proceeds endanger Union financial system efforts relating to prevention of money laundering, and financing of terrorism and cross-border organised crime. Those efforts have to be tackled at Union level through the creation of an Authority responsible for contributing to the implementation of harmonised rules. In addition, the Authority should pursue a harmonised approach to strengthen the Union’s existing AML/CFT preventive framework, and specifically AML supervision and cooperation between FIUs. That approach should reduce divergences in national legislation and supervisory practices and introduce structures that benefit the smooth functioning of the internal market in a determined manner and should, consequently, be based on Article 114 TFEU.
Amendment 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) Combining both direct and indirect supervisory competences over obliged entities, and also functioning as a support and cooperation mechanism for FIUs, is the most appropriate means of bringing about supervision and cooperation between FIUs at Union level. This should be achieved by creating an Authority which should combine independence and a high level of technical expertise and which should be established in line with the Joint Statement and Common Approach of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies32 . The Authority should be fully independent, should be supervised by the European Parliament and should not be constrained by national interest from the Member States. _________________ 32 https://europa.eu/european- union/sites/default/files/docs/body/joint_st atement_and_common_approach_2012_en. pdf.
Amendment 64 #
Proposal for a regulation
Recital 37
Recital 37
(37) The establishment of a solid governance structure within the Authority is essential for ensuring effective exercise of the tasks granted to the Authority, and for an efficient and objective decision- making process. Due to the complexity and variety of the tasks conferred on the Authority in both the supervision and FIU areas, the decisions cannot be taken by a single governing body, as is often the case in decentralised agencies. Whereas certain types of decisions, such as decisions on adoption of common instruments, need to be taken by representatives of appropriate authorities or FIUs, and respect voting rules of the TFEU, certain other decisions, such as the decisions towards individual selected obliged entities, or individual authorities, require a smaller decision- making body, whose members should be subject to appropriate accountability arrangements. Therefore, the Authority should comprise a General Board, and an Executive Board composed of fiseven full- time independent members and of the Chair of the Authority.
Amendment 66 #
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 appoint a permanent representative as the voting member of the General Board in supervisory composition, taking also into account the gender balance principle. Alternatively, depending on the subject- matter of the decision or agenda of a given General board meeting, public authorities of a Member State may decide on an ad- hoc representative. 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 70 #
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 fiseven full time members, appointed by the General Board based on the shortlist by the Commission. 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 of the decision-making process in the area of direct supervision of the selected obliged entities, 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 73 #
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the fiseven 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 Authority 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.
Amendment 79 #
Proposal for a regulation
Recital 48
Recital 48
(48) To guarantee the proper functioning of the Authority, and to cover all the tasks assigned to it under this Regulation, the Authority should be provided with sufficient staff, geographically and gender balanced, and adequate financial resources so that it can fulfil the objectives; 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 regulation for approval.
Amendment 93 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes including virtual assets and cryptocurrencies, under the Union restrictive measures across the internal market;
Amendment 155 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The General Board may decide to admit observers. In particular, the General Board in FIU composition shall admit as an observer a representative of OLAF, Europol, Eurojust and the EPPO to meetings when matters fall under their respective mandates. The General Board in supervisory composition shall admit a representative nominated by the Supervisory Board of the European Central Bank and a representative of each of the European Supervisory Authorities, where matters within the scope of their respective mandates are discussed.
Amendment 157 #
Proposal for a regulation
Article 49 – paragraph 7
Article 49 – paragraph 7
7. Without prejudice to Articles 52 (3) and (4) and Article 56 (1) and (2), the appointing authority powers over the Chair and the fiseven permanent members of the Executive Board throughout their mandate shall be exercised by the General Board.
Amendment 158 #
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. The Chair of the Authority and the permanent fiseven members of the Executive Board shall not attend those meetings of the General Board where matters concerning the performance of their mandate are discussed or decided upon.
Amendment 159 #
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
(b) fiseven full-time members;
Amendment 160 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The fiseven members of the Executive Board referred to in paragraph 1, point (b), shall be selected following an open selection procedure which shall be published in the Official Journal of the European Union. They shall be appointed by the General Board based on the shortlist drawn by the Commission. The selection shall respect the principles of experience, qualification, and, to the extent possible, gender and geographical balance.
Amendment 161 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The term of office of the fiseven members of the Executive Board shall be four years. In the course of the 12 months preceding the end of the four-year term of office of the Chair of the Authority and five members of the Executive Board, the General Board in both compositions or a smaller committee selected among General Board members including a Commission representative shall carry out an assessment of performance of the Executive Board. The assessment shall take into account an evaluation of the Executive Board members’ performance and the Authority’s future tasks and challenges. Based on the assessment, the General Board in both compositions may extend their term of office once.
Amendment 173 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The Chair shall assign to the fiseven members of the Executive Board specific areas of responsibility within the scope of tasks of the Authority for the duration of their mandate.
Amendment 181 #
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. By way of derogation from paragraph 1, the Chair of the Authority, and the fiseven members of the Executive Board referred to in Article 53 shall, respectively, be on a par with a Member and the Registrar of the General Court regarding emoluments and pensionable age, as defined in Council Regulation (EU) 2016/30053 . For aspects not covered by this Regulation or by Regulation (EU) 2016/300, the Staff Regulations and the Conditions of Employment shall apply by analogy. _________________ 53 Council Regulation (EU) 2016/300 of 29 February 2016 determining the emoluments of EU high-level public office holders (OJ L 58, 4.3.2016, p. 1).