European Parliament 2019-2024 Plenary sitting B9-0207/2020 1.7.2020 MOTION FOR A RESOLUTION to wind up the debate on the statements by the Council and the Commission pursuant to Rule 132(2) of the Rules of Procedure on a comprehensive Union policy on preventing money laundering and terrorist financing – the Commission’s Action Plan and other recent developments (2020/2686(RSP)) Markus Ferber, David Casa, Roberta Metsola, Emil Radev on behalf of the PPE Group Jonás Fernández, Birgit Sippel, Eero Heinäluoma, Paul Tang on behalf of the S&D Group Luis Garicano, Ramona Strugariu, Frédérique Ries on behalf of the Renew Group Saskia Bricmont, Sven Giegold on behalf of the Verts/ALE Group José Gusmão on behalf of the GUE/NGL Group RE\1209078EN.docx PE647.704v01-00 EN United in diversityEN B9-0207/2020 European Parliament resolution on a comprehensive Union policy on preventing money laundering and terrorist financing – the Commission’s Action Plan and other recent developments (2020/2686(RSP)) The European Parliament, – having regard to the Commission communication of 7 May 2020 on an Action Plan for a comprehensive Union policy on preventing money laundering and terrorist financing (C(2020)2800), – having regard to the Commission’s Anti-Money Laundering Package as adopted on 24 July 2019, consisting of a political communication entitled ‘Towards better implementation of the EU’s anti-money laundering and countering the financing of terrorism framework’ (COM(2019)0360), the report on the assessment of recent alleged money laundering cases involving EU credit institutions (‘post-mortem’) (COM(2019)0373), the report on the assessment of the risk of money laundering and terrorist financing affecting the internal market and relating to cross-border activities (the Supranational Risk Assessment Report (SNRA)) (COM(2019)0370) and the accompanying staff working document (SWD(2019)0650), and the report on the interconnection of national centralised automated mechanisms (central registries or central electronic data retrieval systems) of the Member States on bank accounts (COM(2019)0372), – 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/EC1 of the European Parliament and of the Council and Commission Directive 2006/70/EC (4AMLD)2, and as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (5AMLD)3, – having regard to Regulation (EU) 2019/2175 of the European Parliament and of the Council of 18 December 2019 amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No 1094/2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), Regulation (EU) No 1095/2010 establishing a 1 Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (3AMLD), OJ L 309, 25.11.2005, p. 15. 2 OJ L 141, 5.6.2015, p. 73. 3 OJ L 156, 19.6.2018, p. 43. PE647.704v01-00 2/14 RE\1209078EN.docx EN European Supervisory Authority (European Securities and Markets Authority), Regulation (EU) No 600/2014 on markets in financial instruments, Regulation (EU) 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds, and Regulation (EU) 2015/847 on information accompanying transfers of funds4, – having regard to Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA5, to Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law6 and to Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/20057, – having regard to Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union8, and to the Commission’s report on its implementation of 2 June 2020, entitled ‘Asset recovery and confiscation: Ensuring that crime does not pay’ (COM(2020)0217), – having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)9, – having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law10, – having regard to the Council conclusions of 5 December 2019 on strategic priorities on anti-money laundering and countering the financing of terrorism, – having regard to the Council conclusions of 17 June 2020 on enhancing financial investigations to fight serious and organised crime, – having regard to the opinion of the European Banking Authority of 24 July 2019 on communications to supervised entities regarding money laundering and terrorist financing risks in prudential supervision, – having regard to its resolution of 19 April 2018 entitled ‘Protection of investigative journalists in Europe: the case of Slovak journalist Ján Kuciak and Martina 4 OJ L 334, 27.12.2019, p. 1. 5 OJ L 186, 11.7.2019, p. 122. 6 OJ L 284, 12.11.2018, p. 22. 7 OJ L 284, 12.11.2018, p. 6. 8 OJ L 127, 29.4.2014, p. 39. 9 OJ L 119, 4.5.2016, p. 1. 10 OJ L 305, 26.11.2019, p. 17. RE\1209078EN.docx 3/14 PE647.704v01-00 EN Kušnírová’11, – having regard to its resolution of 15 November 2017 on the rule of law in Malta12, – having regard to its resolution of 28 March 2019 on the situation of the rule of law and the fight against corruption in the EU, specifically in Malta and Slovakia13, – having regard to its resolution of 18 December 2019 on the rule of law in Malta following the recent revelations surrounding the murder of Daphne Caruana Galizia14, – having regard to the Commission roadmap entitled ‘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 the Commission staff working document of 22 June 2018 entitled ‘Methodology for identifying high risk third countries under Directive (EU) 2015/849’ (SWD(2018)0362), – having regard to the four Delegated Regulations adopted by the Commission – (EU) 2016/167515, (EU) 2018/10516, (EU) 2018/21217 and (EU) 2018/146718 – supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies, – having regard to its resolution of 14 March 2019 on the urgency for an EU blacklist of third countries in line with the Anti-Money Laundering Directive19, – having regard to its resolution of 26 March 2019 on financial crimes, tax evasion and tax avoidance20, – having regard to its resolution of 19 September 2019 on the state of implementation of the Union’s anti-money laundering legislation21, – having regard to Rule 132(2) of its Rules of Procedure, A. whereas according to the Commission, around 1 % – EUR 160 billion – of the Union’s annual gross domestic product is involved in suspect financial activity22 such as money laundering connected to corruption, arms and human trafficking, drug dealing, tax 11 OJ C 390, 18.11.2019, p. 111. 12 OJ C 356, 4.10.2018, p. 29. 13 Texts adopted, P8_TA(2019)0328. 14 Texts adopted, P9_TA(2019)0103. 15 OJ L 254, 20.9.2016, p. 1. 16 OJ L 19, 24.1.2018, p. 1. 17 OJ L 41, 14.2.2018, p. 4. 18 OJ L 246, 2.10.2018, p. 1. 19 Texts adopted, P8_TA(2019)0216. 20 Texts adopted, P8_TA(2019)0240. 21 Texts adopted, P9_TA(2019)0022. 22 Politico, ‘Dirty money failures signal policy headaches for new Commission’, 24 July 2019. PE647.704v01-00 4/14 RE\1209078EN.docx EN evasion and fraud, terrorist financing and other illicit activities which affect EU citizens in their daily lives; B. whereas according to Europol, for the period 2010-2014, 2.2 % of the estimated proceeds of crime were provisionally seized or frozen and only 1.1 % of the criminal profits were confiscated at EU level, meaning that 98.9 % of the estimated criminal profits were not confiscated and remain at the disposal of criminals23; C. whereas the Union’s framework for anti-money laundering and countering terrorist financing (AML/CTF) was strengthened by the adoption of 4AMLD in May 2015 and 5AMLD in April 2018 and their transposition into the Member States’ national legislation by June 2017 and January 2020 respectively, and by other accompanying legislation and actions; whereas 3AMLD has not always been properly implemented in the Member States, yet no infringement procedures have been opened by the Commission; whereas the Commission initiated infringement procedures against the majority of Member States for having failed to properly transpose 4AMLD into national law and launched procedures against a large majority of Member States for non- communication of 5AMLD transposition measures or communication of partial 5ALMD transposition measures24; D.