Document stages in plenary
Document selected : B8-0074/2018

Texts tabled :

B8-0074/2018

Debates :

PV 05/02/2018 - 24
CRE 05/02/2018 - 24

Votes :

PV 07/02/2018 - 7.6
CRE 07/02/2018 - 7.6

Texts adopted :


MOTION FOR A RESOLUTION
PDF 261kWORD 65k
31.1.2018
PE614.382v01-00
 
B8-0074/2018

pursuant to Rule 105(3) of the Rules of Procedure


on the Commission delegated regulation of 13 December 2017 amending Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council, as regards adding Sri Lanka, Trinidad and Tobago and Tunisia to the table in point I of the Annex (C(2017)8320 – 2017/3020(DEA))


Marie-Christine Vergiat, Cornelia Ernst, Marisa Matias, Merja Kyllönen, Helmut Scholz, Barbara Spinelli, Lola Sánchez Caldentey on behalf of the GUE/NGL Group

European Parliament resolution on the Commission delegated regulation of 13 December 2017 amending Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council, as regards adding Sri Lanka, Trinidad and Tobago and Tunisia to the table in point I of the Annex (C(2017)8320 – 2017/3020(DEA))  
B8‑0074/2018

The European Parliament,

–  having regard to the Commission delegated regulation (C(2017)8320),

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC(1) (4AMLD), and in particular Articles 9(2) and 64(5) thereof,

–  having regard to Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies(2), in particular the Annex thereto,

–  having regard to its resolution of 14 September 2016 on the EU relations with Tunisia in the current regional context(3),

–  having regard to its resolution of 19 January 2017 on the Commission delegated regulation of 24 November 2016 amending Commission Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 by identifying high-risk third countries with strategic deficiencies(4),

–  having regard to its resolution of 17 May 2017 on the Commission delegated regulation of 24 March 2017 amending Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council, as regards deleting Guyana from the table in point I of the Annex and adding Ethiopia to that table(5),

–  having regard to the Commission’s letter of 29 June 2017 including its roadmap for the way forward, ‘Towards a new methodology for the EU assessment of high risk third countries under Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing’,

–  having regard to Rule 105(3) of its Rules of Procedure,

A.  whereas the delegated regulation, its annex and amending delegated regulations are meant to identify high-risk third countries with strategic deficiencies as regards anti-money laundering and countering terrorist financing (AML/CTF), which represent a threat to the EU financial system and for which enhanced customer due diligence measures are necessary at EU obliged entities under 4AMLD;

B.  whereas Commission Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 by identifying high-risk third countries with strategic deficiencies has been in force since 23 September 2016;

C.  whereas Commission Delegated Regulation (EU) 2016/1675 will remain in force even if this amending delegated regulation is rejected;

D.  whereas Parliament rejected two earlier amending delegated regulations (C(2016)07495 and C(2017)01951) on the grounds that the Commission’s process was not sufficiently autonomous;

E.  whereas Parliament appreciates the efforts made by the Commission towards establishing a new methodology that does not only rely on external information sources to identify jurisdictions presenting strategic deficiencies in tackling money laundering and the financing of terrorism;

F.  whereas Parliament believes the Commission’s proposal for its Priority 2 list assessments to be completed by the end of 2025 will cause an excessive delay in the full operation of this list; whereas Parliament urges the Commission to adopt a more ambitious timeframe for both steps in its roadmap towards the new methodology, including committing to completing its Priority 2 list by the end of 2020, and to allocate sufficient resources to this process; whereas Parliament requested that it be kept duly informed of all stages of this process, including of commitments made by the Commission, and is still awaiting follow-up;

G.  whereas Parliament urges the Commission to take the recent political agreement on amending the 4AMLD into account when developing its new methodology;

H.  whereas the recent political agreement on amending the 4AMLD insists that the Commission, when drawing up the delegated acts referred to in Article 9(2) of that Directive, take into account relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing;

I.  whereas the Commission intends to add Sri Lanka, Trinidad and Tobago and Tunisia to the list of high-risk third countries in the amending delegated regulation, and based its decision on Financial Action Task Force (FATF) Public Statements, FATF documents (Improving Global AML/CFT Compliance: on-going process), FATF reports of the International Cooperation Review Group, and the mutual evaluations report carried out by FATF and FATF-Style Regional Bodies (FSRBs) in relation to the risks posed by individual third countries in line with Article 9(4) 4AMLD;

J.  whereas the Commission considered in particular the outcome of the FATF 29th plenary meeting where Sri Lanka, Trinidad and Tobago and Tunisia were identified as presenting strategic deficiencies in their AML/CFT regime;

K.  whereas Tunisia expressed a strong political commitment at the FATF plenary meeting in Buenos Aires to execute the ministerial action plan of 3 November 2017 without any further delay; whereas, at a meeting held in Saint Petersburg on 11 January 2018, the Tunisian authorities presented to the FATF experts the measures taken to implement this action plan since the last Middle East and North Africa Financial Action Task Force (MENAFATF) plenary of December 2017;

L.  whereas the Middle East and North Africa Financial Action Task force (MENAFATF) adopted a re-rating of Tunisia on 6 December 2017 which was much more favourable and has not been taken into account by the Commission in its reasoning to add Tunisia to the Annex;

M.  whereas Tunisia has shown great commitment and political will to make the reforms needed and requested by FATF;

N.  whereas Tunisia has to express equally great commitment and political will towards European institutions to take effective action to enforce the necessary reforms;

O.  whereas Tunisia has been engaged for the past seven years in a phase of democratic transition which cannot be compared to that of any other country in the region and still has to deal with a considerable number of challenges, as has often been underlined by the European institutions;

1.  Objects to the Commission delegated regulation;

2.  Instructs its President to forward this resolution to the Commission and to notify it that the delegated regulation cannot enter into force;

3.  Calls on the Commission to submit a new delegated act which takes account of the concerns set out above;

4.  Recommends to the Commission to draft separate delegated acts in the future, adding or removing one country at a time;

5.  Instructs its President to forward this resolution to the Council and to the governments and parliaments of the Member States.

(1)

OJ L 141, 5.6.2015, p. 73.

(2)

OJ L 254, 20.9.2016, p. 1.

(3)

Texts adopted, P8_TA(2016)0345.

(4)

Texts adopted, P8_TA(2017)0008.

(5)

Texts adopted, P8_TA(2017)0213.

Last updated: 1 February 2018Legal notice