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DRAFT OPINION (COM(2021)0421 – C90340/2021 – 2021/0240(COD))

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

BUDG-PA-719588

Committee on Budgets · Rapporteur: Niclas Herbst

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The Committee on Budgets draft opinion responds to the Commission proposal to create the Authority for Anti-Money Laundering and Countering the Financing of Terrorism (AMLA). It focuses on financial provisions, governance, scrutiny and evaluation, and tables 30 amendments to the proposed regulation. The draft opinion supports AMLA's aims but leaves policy substance to the lead committees. It proposes amendments on staffing autonomy, stable fee revenue, transparency, removing the Commission's veto over administrative and budgetary decisions, and strengthening parliamentary scrutiny. The amendments would give AMLA autonomy over contract agent recruitment, require fees to ensure stable revenue, remove the Commission's veto rights, require Parliament's consent for the Chair's appointment, and set a five-yearly evaluation cycle starting by 31 December 2028.

Committee position. The Committee on Budgets calls on the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs to take into account 30 amendments focusing on financial provisions, governance, scrutiny and evaluation.

Key points

  1. The draft opinion welcomes AMLA's central aims but says the lead committees should deal with the policy substance of the proposal.
  2. It focuses on financial provisions, governance rules, and reporting and evaluation to ensure proper parliamentary scrutiny.
  3. It introduces amendments to ensure AMLA is resourced commensurate with its tasks and has autonomy over contract agent recruitment, learning from the European Public Prosecutor's Office's early staffing challenges.
  4. It amends the regulation to require fees to be calculated to provide a stable revenue stream and predictability for the EU budget.
  5. It introduces amendments to enhance transparency regarding all AMLA revenue, including its amount and origin in annual accounts and reports.
  6. It removes the Commission's veto right over administrative and budgetary decisions taken by the Executive Board, as this is not in line with standard agency governance or the Common Approach.
  7. It amends provisions to enhance parliamentary scrutiny of multiannual programming and require Parliament's consent for the appointment of the Chair of the Authority.
  8. It requires the Commission to conduct a thorough review of AMLA's performance every five years, starting by 31 December 2028, assessing whether its continuation is still justified.
  9. It amends recitals and articles to bring the text into line with the Common Approach, including on governance, decision-making, and the cooling-off period for Executive Board members.
  10. It simplifies drafting on the General Board's voting representative and alternates, and on the Executive Director's tasks.
  11. It amends the provision on local offices to require a headquarters agreement with the Member State concerned for a satellite office.

Who is affected

  • AMLA: would gain autonomy over contract agent recruitment and have its governance and evaluation rules amended.
  • The Commission: would lose veto rights over administrative and budgetary decisions and face new reporting and evaluation duties.
  • The European Parliament: would gain scrutiny over multiannual programming and a consent right over the Chair's appointment.
  • Obliged entities: would pay fees calculated to ensure stable revenue for AMLA.

Figures and deadlines

  • EUR 45.6 million: estimated annual outgoings of AMLA.
  • 250: estimated staff of AMLA.
  • 75%: share of AMLA's revenue intended to come from fees.
  • 25%: share of AMLA's revenue intended to come from the EU budget.
  • 31 December 2028: deadline for the Commission's first five-yearly evaluation of AMLA.
  • 1 January 2024: date from which AMLA is operational.
  • 30 November: annual deadline for adopting the draft Single Programming Document.
  • 31 January: deadline for transmitting the Single Programming Document to the European Parliament, Council and Commission.